Immigration and Asylum Act 1999 (c. 33)

(The document as of February, 2008)

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(c) is appropriate for the accommodation of persons supported under this Part or capable of being made so with minor work.

(9) If housing accommodation for which a direction under this section is, for the time being, in force--

(a) is not appropriate for the accommodation of persons supported under this Part, but

(b) is capable of being made so with minor work,

the direction may require the body to whom it is given to secure that that work is done without delay.

(10) The Secretary of State must make regulations with respect to the general management of any housing accommodation for which a direction under subsection (3) is, for the time being, in force.

(11) Regulations under subsection (10) must include provision--

(a) as to the method to be used in determining the amount of rent or other charges to be payable in relation to the accommodation;

(b) as to the times at which payments of rent or other charges are to be made;

(d) enabling the accommodation to be inspected, in such circumstances as may be prescribed, by the body to which the direction was given;

(e) with respect to the condition in which the accommodation is to be returned when the direction ceases to have effect.

(12) Regulations under subsection (10) may, in particular, include provision--

(a) for the cost, or part of the cost, of minor work required by a direction under this section to be met by the Secretary of State in prescribed circumstances;

(b) as to the maximum amount of expenditure which a body may be required to incur as a result of a direction under this section.

(13) The Secretary of State must by regulations make provision ("the dispute resolution procedure") for resolving disputes arising in connection with the operation of any regulations made under subsection (10).

(14) Regulations under subsection (13) must include provision--

(a) requiring a dispute to be resolved in accordance with the dispute resolution procedure;

(b) requiring the parties to a dispute to comply with obligations imposed on them by the procedure; and

(c) for the decision of the person resolving a dispute in accordance with the procedure to be final and binding on the parties.

(15) Before--

(a) designating a reception zone in Great Britain,

(b) determining the criteria to be included in the order designating the zone, or

the Secretary of State must consult such local authorities, local authority associations and other persons as he thinks appropriate.

(16) Before--

(a) designating Northern Ireland as a reception zone, or

(b) determining the criteria to be included in the order designating Northern Ireland,

the Secretary of State must consult the Executive and such other persons as he thinks appropriate.

(17) Before making regulations under subsection (10) which extend only to Northern Ireland, the Secretary of State must consult the Executive and such other persons as he thinks appropriate.

(18) Before making any other regulations under subsection (10), the Secretary of State must consult--

(a) such local authorities, local authority associations and other persons as he thinks appropriate; and

(b) if the regulations extend to Northern Ireland, the Executive.

Appeals

102 Asylum Support Adjudicators

(1) There are to be adjudicators to hear appeals under this Part.

(2) A person appointed as an adjudicator under this Part is to be known as an Asylum Support Adjudicator (but is referred to in this Part as "an adjudicator").

(3) Schedule 10 makes further provision with respect to adjudicators.

103 Appeals

(1) If, on an application for support under section 95, the Secretary of State decides that the applicant does not qualify for support under that section, the applicant may appeal to an adjudicator.

(2) If the Secretary of State decides to stop providing support for a person under section 95 before that support would otherwise have come to an end, that person may appeal to an adjudicator.

(3) On an appeal under this section, the adjudicator may--

(a) require the Secretary of State to reconsider the matter;

(b) substitute his decision for the decision appealed against; or

(4) The adjudicator must give his reasons in writing.

(5) The decision of the adjudicator is final.

(6) If an appeal is dismissed, no further application by the appellant for support under section 95 is to be entertained unless the Secretary of State is satisfied that there has been a material change in the circumstances.

(7) The Secretary of State may by regulations provide for decisions as to where support provided under section 95 is to be provided to be appealable to an adjudicator under this Part.

(8) Regulations under subsection (7) may provide for any provision of this section to have effect, in relation to an appeal brought by virtue of the regulations, subject to such modifications as may be prescribed.

(9) The Secretary of State may pay any reasonable travelling expenses incurred by an appellant in connection with attendance at any place for the purposes of an appeal under this section.

104 Secretary of State's rules

(1) The Secretary of State may make rules regulating--

(a) the bringing of appeals under this Part; and

(b) the practice and procedure of the adjudicators.

(2) The rules may, in particular, make provision--

(a) for the period within which an appeal must be brought;

(b) as to the burden of proof on an appeal;

(d) for summoning witnesses;

(e) for an appeal to be heard in the absence of the appellant;

(f) for determining an appeal without a hearing;

(g) requiring reports of decisions of adjudicators to be published;

(h) conferring such ancillary powers on adjudicators as the Secretary of State considers necessary for the proper discharge of their functions.

(3) In making the rules, the Secretary of State must have regard to the desirability of securing, so far as is reasonably practicable, that appeals are brought and disposed of with the minimum of delay.

Offences

105 False representations

(1) A person is guilty of an offence if, with a view to obtaining support for himself or any other person under any provision made by or under this Part, he--

(a) makes a statement or representation which he knows is false in a material particular;

(b) produces or gives to a person exercising functions under this Part, or knowingly causes or allows to be produced or given to such a person, any document or information which he knows is false in a material particular;

(c) fails, without reasonable excuse, to notify a change of circumstances when required to do so in accordance with any provision made by or under this Part; or

(d) without reasonable excuse, knowingly causes another person to fail to notify a change of circumstances which that other person was required to notify in accordance with any provision made by or under this Part.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or to both.

106 Dishonest representations

(1) A person is guilty of an offence if, with a view to obtaining any benefit or other payment or advantage under this Part for himself or any other person, he dishonestly--

(a) makes a statement or representation which is false in a material particular;

(b) produces or gives to a person exercising functions under this Part, or causes or allows to be produced or given to such a person, any document or information which is false in a material particular;

(c) fails to notify a change of circumstances when required to do so in accordance with any provision made by or under this Part; or

(d) causes another person to fail to notify a change of circumstances which that other person was required to notify in accordance with any provision made by or under this Part.

(2) A person guilty of an offence under this section is liable--

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

(3) In the application of this section to Scotland, in subsection (1) for "dishonestly" substitute "knowingly".

107 Delay or obstruction

(1) A person is guilty of an offence if, without reasonable excuse, he--

(a) intentionally delays or obstructs a person exercising functions conferred by or under this Part; or

(b) refuses or neglects to answer a question, give any information or produce a document when required to do so in accordance with any provision made by or under this Part.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

108 Failure of sponsor to maintain

(1) A person is guilty of an offence if, during any period in respect of which he has given a written undertaking in pursuance of the immigration rules to be responsible for the maintenance and accommodation of another person--

(a) he persistently refuses or neglects, without reasonable excuse, to maintain that person in accordance with the undertaking; and

(b) in consequence of his refusal or neglect, support under any provision made by or under this Part is provided for or in respect of that person.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale, or to both.

(3) For the purposes of this section, a person is not to be taken to have refused or neglected to maintain another person by reason only of anything done or omitted in furtherance of a trade dispute.

109 Supplemental

(1) If an offence under section 105, 106, 107 or 108 committed by a body corporate is proved--

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) "Officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity.

(3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(4) If an offence under section 105, 106, 107 or 108 committed by a partnership in Scotland is proved--

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to neglect on his part,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) "Partner" includes a person purporting to act as a partner.

Expenditure

110 Payments to local authorities

(1) The Secretary of State may from time to time pay to any local authority or Northern Ireland authority such sums as he considers appropriate in respect of expenditure incurred, or to be incurred, by the authority in connection with--

(a) persons who are, or have been, asylum-seekers; and

(b) their dependants.

(2) The Secretary of State may from time to time pay to any--

(a) local authority,

(b) local authority association, or

such sums as he considers appropriate in respect of services provided by the authority or association in connection with the discharge of functions under this Part.

(3) The Secretary of State may make payments to any local authority towards the discharge of any liability of supported persons or their dependants in respect of council tax payable to that authority.

(4) The Secretary of State must pay to a body to which a direction under section 101(3) is given such sums as he considers represent the reasonable costs to that body of complying with the direction.

(5) The Secretary of State must pay to a directed body sums determined to be payable in relation to accommodation made available by that body under section 101(3)(a).

(6) The Secretary of State may pay to a directed body sums determined to be payable in relation to accommodation made available by that body under section 101(3)(b).

(7) In subsections (5) and (6)--

"determined" means determined in accordance with regulations made by virtue of subsection (11)(a) of section 101, and
"directed body" means a body to which a direction under subsection (3) of section 101 is given.

(8) Payments under subsection (1), (2) or (3) may be made on such terms, and subject to such conditions, as the Secretary of State may determine.

(9) "Northern Ireland authority" means--

(a) the Executive; or

(b) a Health and Social Services Board established under Article 16 of the [S.I. 1972/1265 (N.I. 14).] Health and Personal Social Services (Northern Ireland) Order 1972.

111 Grants to voluntary organisations

(1) The Secretary of State may make grants of such amounts as he thinks appropriate to voluntary organisations in connection with--

(a) the provision by them of support (of whatever nature) to persons who are, or have been, asylum-seekers and to their dependants; and

(b) connected matters.

(2) Grants may be made on such terms, and subject to such conditions, as the Secretary of State may determine.

112 Recovery of expenditure on support: misrepresentation etc

(1) This section applies if, on an application made by the Secretary of State, the court determines that--

(a) a person ("A") has misrepresented or failed to disclose a material fact (whether fraudulently or otherwise); and

(b) as a consequence of the misrepresentation or failure, support has been provided under section 95 or 98 (whether or not to A).

(2) If the support was provided by the Secretary of State, the court may order A to pay to the Secretary of State an amount representing the monetary value of the support which would not have been provided but for A's misrepresentation or failure.

(3) If the support was provided by another person ("B") in accordance with arrangements made with the Secretary of State under section 95 or 98, the court may order A to pay to the Secretary of State an amount representing the payment to B which would not have been made but for A's misrepresentation or failure.

(4) "Court" means a county court or, in Scotland, the sheriff.

113 Recovery of expenditure on support from sponsor

(1) This section applies if--

(a) a person ("the sponsor") has given a written undertaking in pursuance of the immigration rules to be responsible for the maintenance and accommodation of another person; and

(b) during any period in relation to which the undertaking applies, support under section 95 is provided to or in respect of that other person.

(2) The Secretary of State may make a complaint against the sponsor to a magistrates' court for an order under this section.

(3) The court--

(a) must have regard to all the circumstances (and in particular to the sponsor's income); and

(b) may order him to pay to the Secretary of State such sum (weekly or otherwise) as it considers appropriate.

(4) But such a sum is not to include any amount attributable otherwise than to support provided under section 95.

(5) In determining--

(a) whether to order any payments to be made in respect of support provided under section 95 for any period before the complaint was made, or

(b) the amount of any such payments,

the court must disregard any amount by which the sponsor's current income exceeds his income during that period.

(6) An order under this section is enforceable as a magistrates' court maintenance order within the meaning of section 150(1) of the [1980 c. 43.] Magistrates' Courts Act 1980.

(7) In the application of this section to Scotland--

(a) omit subsection (6);

(b) for references to a complaint substitute references to an application; and

(8) In the application of this section to Northern Ireland, for references to a magistrates' court substitute references to a court of summary jurisdiction and for subsection (6) substitute--

" (6) An order under this section is an order to which Article 98(11) of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981 applies. "

114 Overpayments

(1) Subsection (2) applies if, as a result of an error on the part of the Secretary of State, support has been provided to a person under section 95 or 98.

(2) The Secretary of State may recover from a person who is, or has been, a supported person an amount representing the monetary value of support provided to him as a result of the error.

(3) An amount recoverable under subsection (2) may be recovered as if it were a debt due to the Secretary of State.

(4) The Secretary of State may by regulations make provision for other methods of recovery, including deductions from support provided under section 95.

Exclusions

115 Exclusion from benefits

(1) No person is entitled to income-based jobseeker's allowance under the [1995 c. 18.] Jobseekers Act 1995 or to--

(a) attendance allowance,

(b) severe disablement allowance,

(d) disability living allowance,

(e) income support,

(f) working families' tax credit,

(g) disabled person's tax credit,

(h) a social fund payment,

(i) child benefit,

(j) housing benefit, or

(k) council tax benefit,

under the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 while he is a person to whom this section applies.

(2) No person in Northern Ireland is entitled to--

(a) income-based jobseeker's allowance under the [S.I. 1995/2705 (N.I. 15).] Jobseekers (Northern Ireland) Order 1995, or

(b) any of the benefits mentioned in paragraphs (a) to (j) of subsection (1),

under the [1992 c. 7.] Social Security Contributions and Benefits (Northern Ireland) Act 1992 while he is a person to whom this section applies.

(3) This section applies to a person subject to immigration control unless he falls within such category or description, or satisfies such conditions, as may be prescribed.

(4) Regulations under subsection (3) may provide for a person to be treated for prescribed purposes only as not being a person to whom this section applies.

(5) In relation to the benefits mentioned in subsection (1)(f) or (g), "prescribed" means prescribed by regulations made by the Treasury.

(6) In relation to the matters mentioned in subsection (2) (except so far as it relates to the benefits mentioned in subsection (1)(f) or (g)), "prescribed" means prescribed by regulations made by the Department.

(7) Section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992 (supplemental powers in relation to regulations) applies to regulations made by the Secretary of State or the Treasury under subsection (3) as it applies to regulations made under that Act.

(8) Sections 133(2), 171(2) and 172(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 apply to regulations made by the Department under subsection (3) as they apply to regulations made by the Department under that Act.

(9) "A person subject to immigration control" means a person who is not a national of an EEA State and who--

(a) requires leave to enter or remain in the United Kingdom but does not have it;

(b) has leave to enter or remain in the United Kingdom which is subject to a condition that he does not have recourse to public funds;

(d) has leave to enter or remain in the United Kingdom only as a result of paragraph 17 of Schedule 4.

(10) "Maintenance undertaking", in relation to any person, means a written undertaking given by another person in pursuance of the immigration rules to be responsible for that person's maintenance and accommodation.

116 Amendment of section 21 of the National Assistance Act 1948

In section 21 of the [1948 c. 29.] National Assistance Act 1948 (duty of local authorities to provide accommodation), after subsection (1), insert--

" (1A) A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies may not be provided with residential accommodation under subsection (1)(a) if his need for care and attention has arisen solely--

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(1B) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (1A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority. "

117 Other restrictions on assistance: England and Wales

(1) In section 45 of the [1968 c. 46.] Health Services and Public Health Act 1968 (promotion by local authorities of the welfare of old people), after subsection (4), insert--

" (4A) No arrangements under this section may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely--

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(4B) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (4A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority. "

(2) In paragraph 2 of Schedule 8 to the [1977 c. 49.] National Health Service Act 1977 (arrangements by local authorities for the prevention of illness and for care and after-care), after sub-paragraph (2), insert--

" (2A) No arrangements under this paragraph may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely--

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(2B) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (2A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local social services authority. "

(3) In section 161 of the [1996 c. 52.] Housing Act 1996 (allocation of housing accommodation only to qualifying persons), after subsection (2), insert--

" (2A) Regulations may not be made under subsection (2) so as to include in a prescribed class any person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies. "

(4) In section 185 of the 1996 Act (persons from abroad not eligible for housing assistance), after subsection (2), insert--

(5) In the 1996 Act, omit section 186 (asylum-seekers and their dependants).

(6) In section 187(1) of the 1996 Act (provision of information by Secretary of State), in paragraph (a), for "or has become an asylum-seeker, or a dependant of an asylum-seeker" substitute "a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies".

118 Housing authority accommodation

(1) Each housing authority must secure that, so far as practicable, a tenancy of, or licence to occupy, housing accommodation provided under the accommodation provisions is not granted to a person subject to immigration control unless--

(a) he is of a class specified in an order made by the Secretary of State; or

(b) the tenancy of, or licence to occupy, such accommodation is granted in accordance with arrangements made under section 95.

(2) "Housing authority" means--

(a) in relation to England and Wales, a local housing authority within the meaning of the [1985 c. 68.] Housing Act 1985;

(b) in relation to Scotland, a local authority within the meaning of the [1987 c. 26.] Housing (Scotland) Act 1987; and

(3) "Accommodation provisions" means--

(a) in relation to England and Wales, Part II of the Housing Act 1985;

(b) in relation to Scotland, Part I of the Housing (Scotland) Act 1987;

(4) "Licence to occupy", in relation to Scotland, means a permission or right to occupy.

(5) "Tenancy", in relation to England and Wales, has the same meaning as in the [1985 c. 68.] Housing Act 1985.

(6) "Person subject to immigration control" means a person who under the 1971 Act requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).

(7) This section does not apply in relation to any allocation of housing to which Part VI of the [1996 c. 52.] Housing Act 1996 (allocation of housing accommodation) applies.

119 Homelessness: Scotland and Northern Ireland

(1) A person subject to immigration control--

(a) is not eligible for accommodation or assistance under the homelessness provisions, and

(b) is to be disregarded in determining for the purposes of those provisions, whether another person--

(i) is homeless or is threatened with homelessness, or

(ii) has a priority need for accommodation,

unless he is of a class specified in an order made by the Secretary of State.

(2) An order under subsection (1) may not be made so as to include in a specified class any person to whom section 115 applies.

(3) "The homelessness provisions" means--

(a) in relation to Scotland, Part II of the [1987 c. 26.] Housing (Scotland) Act 1987; and

(b) in relation to Northern Ireland, Part II of the [S.I. 1988/1990 (N.I. 13).] Housing (Northern Ireland) Order 1988.

(4) "Person subject to immigration control" has the same meaning as in section 118.

120 Other restrictions on assistance: Scotland

(1) In section 12 of the [1968 c. 49.] Social Work (Scotland) Act 1968 (general social welfare services of local authorities), after subsection (2) insert--

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