Section 44 — Nationality, Immigration and Asylum Act 2002: Destitute asylum-seeker

Destitute asylum-seeker 44 1 Section 94 of the Immigration and Asylum Act 1999 (c. 33) (support for destitute asylum-seeker) shall be amended as follows.

2 In subsection (1) for the definition of “asylum-seeker” substitute— “ asylum-seeker ” means a person—

a who is at least 18 years old, b who is in the United Kingdom, c who has made a claim for asylum at a place designated by the Secretary of State, d whose claim has been recorded by the Secretary of State, and e whose claim has not been determined; .

3 In subsection (1) for the definition of “dependant” substitute— “ dependant ” in relation to an asylum-seeker or a supported person means a person who—

a is in the United Kingdom, and b is within a prescribed class; .

4 For subsection (3) substitute— 3 A claim for asylum shall be treated as determined for the purposes of subsection (1) at the end of such period as may be prescribed beginning with—

a the date on which the Secretary of State notifies the claimant of his decision on the claim, or b if the claimant appeals against the Secretary of State’s decision, the date on which the appeal is disposed of. 3A A person shall continue to be treated as an asylum-seeker despite paragraph (e) of the definition of “asylum-seeker” in subsection (1) while—

a his household includes a dependant child who is under 18, and b he does not have leave to enter or remain in the United Kingdom.

5 Omit subsections (5) and (6).

6 The following shall be substituted for section 95(2) to (8) of the Immigration and Asylum Act 1999 (c. 33) (support for destitute asylum-seeker: interpretation)— 2 Where a person has dependants, he and his dependants are destitute for the purpose of this section if they do not have and cannot obtain both—

a adequate accommodation, and b food and other essential items.

3 Where a person does not have dependants, he is destitute for the purpose of this section if he does not have and cannot obtain both—

a adequate accommodation, and b food and other essential items.

4 In determining whether accommodation is adequate for the purposes of subsection (2) or (3) the Secretary of State must have regard to any matter prescribed for the purposes of this subsection.

5 In determining whether accommodation is adequate for the purposes of subsection (2) or (3) the Secretary of State may not have regard to—

a whether a person has an enforceable right to occupy accommodation, b whether a person shares all or part of accommodation, c whether accommodation is temporary or permanent, d the location of accommodation, or e any other matter prescribed for the purposes of this subsection.

6 The Secretary of State may by regulations specify items which are or are not to be treated as essential items for the purposes of subsections (2) and (3).

7 The Secretary of State may by regulations—

a provide that a person is not to be treated as destitute for the purposes of this Part in specified circumstances;

b enable or require the Secretary of State in deciding whether a person is destitute to have regard to income which he or a dependant of his might reasonably be expected to have;

c enable or require the Secretary of State in deciding whether a person is destitute to have regard to support which is or might reasonably be expected to be available to the person or a dependant of his;

d enable or require the Secretary of State in deciding whether a person is destitute to have regard to assets of a prescribed kind which he or a dependant of his has or might reasonably be expected to have;

e make provision as to the valuation of assets.