Asylum Support (Interim Provisions) Regulations 1999

JurisdictionUK Non-devolved
CitationSI 1999/3056
Year1999

1999 No. 3056

IMMIGRATION

The Asylum Support (Interim Provisions) Regulations 1999

Made 13th November 1999

Laid before Parliament 15th November 1999

Coming into force 6th December 1999

The Secretary of State, in exercise of the powers conferred on him by sections 94 and 166 of, and paragraphs 1, 2, 4 to 7, 9, 11 and 13 to 15 of Schedule 9 to, the Immigration and Asylum Act 19991, hereby makes the following Regulations:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Asylum Support (Interim Provisions) Regulations 1999 and shall come into force on 6th December 1999.

(2) These Regulations do not extend to Scotland or Northern Ireland.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“assisted person” means an asylum-seeker, or a dependant of an asylum-seeker, who has applied for support and for whom support is provided;

“dependant”, in relation to an asylum-seeker, an assisted person or a person claiming support, means a person in the United Kingdom who:

(a) is his spouse;

(b) is a child of his, or of his spouse, who is under 18 and dependent on him;

(c) is under 18 and is a member of his, or his spouse's, close family;

(d) is under 18 and had been living as part of his household:

(i) for at least six of the 12 months before the day on which his claim for support was made; or

(ii) since birth;

(e) is in need of care and attention from him or a member of his household by reason of a disability and would fall within sub-paragraph (c) or (d) but for the fact that he is not under 18;

(f) had been living with him as a member of an unmarried couple for at least two of the three years before the day on which his claim for support was made;

(g) is a person living as part of his household who was receiving assistance from a local authority under section 17 of the Children Act 19892immediately before the beginning of the interim period;

(h) has made a claim for leave to enter or remain in the United Kingdom, or for variation of any such leave, which is being considered on the basis that he is dependent on the asylum-seeker; or

(i) in relation to an assisted person or a person claiming support who is himself a dependant of an asylum-seeker, is the asylum-seeker;

“eligible persons” means asylum-seekers or their dependants who appear to be destitute or to be likely to become destitute within 14 days;

“local authority” means:

(a) in England, a county council, a metropolitan district council, a district council with the functions of a county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b) in Wales, a county council or a county borough council.

(2) Any reference in these Regulations to support is to support under these Regulations.

(3) Any reference in these Regulations to assistance under section 21 of the National Assistance Act 19483is to assistance, the need for which has arisen solely:

(a)

(a) because of destitution; or

(b)

(b) because of the physical effects, or anticipated physical effects, of destitution.

(4) Any reference in these Regulations to assistance under section 17 of the Children Act 19894is to the provision of accommodation or of any essential living needs.

(5) The interim period begins on the day on which these Regulations come into force and ends on 1st April 2002.

(6) For the purposes of section 94(3) of the Immigration and Asylum Act 19995(day on which a claim for asylum is determined), the period of 14 days is prescribed for any case to which these Regulations apply.

S-3 Requirement to provide support

Requirement to provide support

3.—(1) Subject to regulations 7 and 8:

(a)

(a) the local authority concerned, or

(b)

(b) the local authority to whom responsibility for providing support is transferred under regulation 9,

must provide support during the interim period to eligible persons.

(2) The question whether a person is an eligible person is to be determined by the local authority concerned.

(3) For the purposes of these Regulations, the local authority concerned are the local authority to whom a claim for support is made, except where a claim for support is transferred by a local authority in accordance with regulation 9, in which case the local authority concerned are the local authority to whom the claim is transferred.

S-4 Temporary support

Temporary support

4.—(1) This regulation applies to support to be provided before it has been determined whether a person is an eligible person (“temporary support”).

(2) Temporary support is to be provided to a person claiming support:

(a)

(a) by the local authority to whom the claim is made until such time (if any) as the claim is transferred under regulation 9;

(b)

(b) where the claim is so transferred, by the local authority to whom the claim is transferred.

(3) Temporary support must appear to the local authority by whom it is provided to be adequate for the needs of the person claiming support and his dependants (if any).

S-5 Provision of support

Provision of support

5.—(1) Subject to paragraph (2), support is to be provided by providing:

(a)

(a) accommodation appearing to the local authority by whom it is provided to be adequate for the needs of the assisted person and his dependants (if any) (“accommodation”); and

(b)

(b) what appear to the local authority by whom it is provided to be essential living needs of the assisted person and his dependants (if any) (“essential living needs”).

(2) Where an assisted person’s household includes a child who is under 18 and a dependant of his, support is to be provided:

(a)

(a) in accordance with paragraph (1);

(b)

(b) by providing accommodation; or

(c)

(c) by providing essential living needs.

(3) Support is to be provided to enable the assisted person (if he is the asylum-seeker) to meet reasonable travel expenses incurred in attending:

(a)

(a) a hearing of an appeal on his claim for asylum; or

(b)

(b) an interview in connection with his claim for asylum which has been requested by the Secretary of State.

(4) Where the circumstances of a particular case are exceptional, support is to be provided in such other ways as are necessary to enable the assisted person and his dependants (if any) to be supported.

(5) Support...

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