Section 45 — Nationality, Immigration and Asylum Act 2002: Section 44: supplemental

Section 44: supplemental 45 1 The following shall be substituted for section 96(1)(b) of the Immigration and Asylum Act 1999 (ways of providing support)—

b by providing the supported person and his dependants (if any) with food and other essential items; .

2 In section 97 of the Immigration and Asylum Act 1999 (c. 33) (support: supplemental)—

a in subsection (4) for “essential living needs” there shall be substituted “ food and other essential items ” , b in subsection (5) for “essential living needs” there shall be substituted “ food and other essential items ” , and c in subsection (6) for “living needs” there shall be substituted “ items ” .

3 Paragraphs 2 and 6 of Schedule 8 to the Immigration and Asylum Act 1999 (support: regulations) shall cease to have effect.

4 In paragraph 3 of Schedule 9 to the Immigration and Asylum Act 1999 (support: interim provision)—

a for “Subsections (3) to (8) of section 95” substitute “ Subsections (2) to (6) of section 95 ” , and b for “subsections (5) and (7)” substitute “ subsections (4) and (5) ” .

5 The following shall be substituted for section 21(1B) of the National Assistance Act 1948 (c. 29) (duty of local authority to provide accommodation: exclusion of destitute asylum-seeker: interpretation)— 1B Section 95(2) to (7) of that Act shall apply for the purposes of subsection (1A) above; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority.

6 The following shall be substituted for section 45(4B) of the Health Services and Public Health Act 1968 (c. 46) (local authority promotion of welfare of elderly: exclusion of destitute asylum-seeker: interpretation)— 4B Section 95(2) to (7) of that Act shall apply for the purposes of subsection (4A) above; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority.

7 The following shall be substituted for paragraph 2(2B) of Schedule 8 to the National Health Service Act 1977 (c. 49) (local authority arrangements for prevention and care: exclusion of asylum-seeker: interpretation)— 2B Section 95(2) to (7) of that Act shall apply for the purposes of sub-paragraph (2A) above; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local social services authority.