Asylum Support Regulations 2000

JurisdictionUK Non-devolved
CitationSI 2000/704
Year2000

2000 No. 704

IMMIGRATION

The Asylum Support Regulations 2000

Made 6th March 2000

Laid before Parliament 13th March 2000

Coming into force 3rd April 2000

The Secretary of State, in exercise of the powers conferred on him by sections 94, 95, 97, 114, 166 and 167 of and Schedule 8 to the Immigration and Asylum Act 19991, hereby makes the following Regulations:

1 General

General

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Asylum Support Regulations 2000 and shall come into force on 3rd April 2000.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“the Act” means the Immigration and Asylum Act 1999;

“asylum support” means support provided under section 95 of the Act;

“dependant” has the meaning given by paragraphs (4) and (5);

“the interim Regulations” means the Asylum Support (Interim Provisions) Regulations 19992;

“married couple” means a man and woman who are married to each other and are members of the same household; and

“unmarried couple” means a man and woman who, though not married to each other, are living together as if married.

(2) The period of 14 days is prescribed for the purposes of section 94(3) of the Act (day on which a claim for asylum is determined).

(3) Paragraph (2) does not apply in relation to a case to which the interim Regulations apply (for which case, provision corresponding to paragraph (2) is made by regulation 2(6) of those Regulations).

(4) In these Regulations “dependant”, in relation to an asylum-seeker, a supported person or an applicant for asylum support, means, subject to paragraph (5), a person in the United Kingdom (“the relevant person”) who—

(a)

(a) is his spouse;

(b)

(b) is a child of his or of his spouse, is dependant on him and is, or was at the relevant time, under 18;

(c)

(c) is a member of his or his spouse’s close family and is, or was at the relevant time, under 18;

(d)

(d) had been living as part of his household—

(i) for at least six of the twelve months before the relevant time, or

(ii) since birth,

and is, or was at the relevant time, under 18;

(e)

(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, and was not at the relevant time, under 18;

(f)

(f) had been living with him as a member of an unmarried couple for at least two of the three years before the relevant time;

(g)

(g) is living as part of his household and was, immediately before 6th December 1999 (the date when the interim Regulations came into force), receiving assistance from a local authority under section 17 of the Children Act 19893;

(h)

(h) is living as part of his household and was, immediately before the coming into force of these Regulations, receiving assistance from a local authority under—

(i) section 22 of the Children (Scotland) Act 19954; or

(ii) Article 18 of the Children (Northern Ireland) Order 19955; or

(i)

(i) 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 dependant on the asylum-seeker;

and in relation to a supported person, or an applicant for asylum support, who is himself a dependant of an asylum-seeker, also includes the asylum-seeker if in the United Kingdom.

(5) Where a supported person or applicant for asylum support is himself a dependant of an asylum-seeker, a person who would otherwise be a dependant of the supported person, or of the applicant, for the purposes of these Regulations is not such a dependant unless he is also a dependant of the asylum-seeker or is the asylum-seeker.

(6) In paragraph (4), “the relevant time”, in relation to the relevant person, means—

(a)

(a) the time when an application for asylum support for him was made in accordance with regulation 3(3); or

(b)

(b) if he has joined a person who is already a supported person in the United Kingdom and sub-paragraph (a) does not apply, the time when he joined that person in the United Kingdom.

(7) Where a person, by falling within a particular category in relation to an asylum-seeker or supported person, is by virtue of this regulation a dependant of the asylum-seeker or supported person for the purposes of these Regulations, that category is also a prescribed category for the purposes of paragraph (c) of the definition of “dependant” in section 94(1) of the Act and, accordingly, the person is a dependant of the asylum-seeker or supported person for the purposes of Part VI of the Act.

(8) Paragraph (7) does not apply to a person who is already a dependant of the asylum-seeker or supported person for the purposes of Part VI of the Act because he falls within either of the categories mentioned in paragraphs (a) and (b) of the definition of “dependant” in section 94(1) of the Act.

(9) Paragraph (7) does not apply for the purposes of any reference to a “dependant” in Schedule 9 to the Act.

2 Initial application for support

Initial application for support

S-3 Initial application for support: individual and group applications

Initial application for support: individual and group applications

3.—(1) Either of the following—

(a)

(a) an asylum-seeker, or

(b)

(b) a dependant of an asylum-seeker,

may apply to the Secretary of State for asylum support.

(2) An application under this regulation may be—

(a)

(a) for asylum support for the applicant alone; or

(b)

(b) for asylum support for the applicant and one or more dependants of his.

(3) The application must be made by completing in full and in English the form for the time being issued by the Secretary of State for the purpose; and any form so issued shall be the form shown in the Schedule to these Regulations or a form to the like effect.

(4) The application may not be entertained by the Secretary of State unless it is made in accordance with paragraph (3).

(5) The Secretary of State may make further enquiries of the applicant about any matter connected with the application.

(6) Paragraphs (3) and (4) do not apply where a person is already a supported person and asylum support is sought for a dependant of his for whom such support is not already provided (for which case, provision is made by regulation 15).

S-4 Persons excluded from support

Persons excluded from support

4.—(1) The following circumstances are prescribed for the purposes of subsection (2) of section 95 of the Act as circumstances where a person who would otherwise fall within subsection (1) of that section is excluded from that subsection (and, accordingly, may not be provided with asylum support).

(2) A person is so excluded if he is applying for asylum support for himself alone and he falls within paragraph (4) by virtue of any sub-paragraph of that paragraph.

(3) A person is so excluded if—

(a)

(a) he is applying for asylum support for himself and other persons, or he is included in an application for asylum support made by a person other than himself;

(b)

(b) he falls within paragraph (4) (by virtue of any sub-paragraph of that paragraph); and

(c)

(c) each of the other persons to whom the application relates also falls within paragraph (4) (by virtue of any sub-paragraph of that paragraph).

(4) A person falls within this paragraph if at the time when the application is determined—

(a)

(a) he is a person to whom interim support applies; or

(b)

(b) he is a person to whom social security benefits apply; or

(c)

(c) he has not 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 an asylum-seeker or dependent on an asylum-seeker.

(5) For the purposes of paragraph (4), interim support applies to a person if—

(a)

(a) at the time when the application is determined, he is a person to whom, under the interim Regulations, support under regulation 3 of those Regulations must be provided by a local authority;

(b)

(b) sub-paragraph (a) does not apply, but would do so if the person had been determined by the local authority concerned to be an eligible person; or

(c)

(c) sub-paragraph (a) does not apply, but would do so but for the fact that the person’s support under those Regulations was (otherwise than by virtue of regulation 7(1)(d) of those Regulations) refused under regulation 7, or suspended or discontinued under regulation 8, of those Regulations;

and in this paragraph “local authority”, “local authority concerned” and “eligible person” have the same meanings as in the interim Regulations.

(6) For the purposes of paragraph (4), a person is a person to whom social security benefits apply if he is—

(a)

(a) a person who by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 20006is not excluded by section 115(1) of the Act from entitlement to—

(i) income-based jobseeker’s allowance under the Jobseekers Act 19957; or

(ii) income support, housing benefit or council tax benefit under the Social Security Contributions and Benefits Act 19928;

(b)

(b) a person who, by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 20009is not excluded by section 115(2) of the Act from entitlement to—

(i) income-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 199510; or

(ii) income support or housing benefit under the Social Security Contributions and Benefits (Northern Ireland) Act 199211;

(7) A person is not to be regarded as falling within paragraph (2) or (3) if, when asylum support is sought for him, he is a dependant of a person who is already a supported person.

(8) The circumstances prescribed by paragraphs (2) and (3) are also prescribed for the purposes of section 95(2), as applied by section 98(3), of the Act as circumstances where a person who would otherwise fall within subsection (1) of section 98 is excluded from that subsection (and, accordingly, may...

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