Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/3078 |
| Year | 2002 |
2002 No. 3078
IMMIGRATION
The Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002
Made 13th December 2002
Laid before Parliament 17th December 2002
Coming into force 8th January 2003
The Secretary of State, in exercise of the powers conferred on him by section 54 of and paragraphs 8, 9, 10, 11, 12, 16(2) and 17 of Schedule 3 to the Nationality, Immigration and Asylum Act 20021, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002 and shall come into force on 8th January 2003.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Nationality, Immigration and Asylum Act 2002,
“person with refugee status abroad” means a person to whom paragraph 1 of Schedule 3 to the Act applies by virtue of paragraph 4 of that Schedule,
“EEA national” means a person to whom paragraph 1 of Schedule 3 to the Act applies by virtue of paragraph 5 of that Schedule,
“person unlawfully in the United Kingdom” means a person to whom paragraph 1 of Schedule 3 to the Act applies by virtue of paragraph 7 of that Schedule,
“relevant EEA State” means—
(a) in relation to a person with refugee status abroad, the EEA State the government of which has determined that he, or a person on whom he is dependent, is entitled to protection as a refugee under the Refugee Convention;
(b) in relation to an EEA national, the EEA State of which he, or a person on whom he is dependent, is a national;
“travel arrangements” means arrangements made under regulation 3(1).
(2) In these Regulations and for the purposes of Schedule 3 to the Act, a “dependant” of a person means a person who at the relevant time—
(a)
(a) is his spouse;
(b)
(b) is a child of his or of his spouse;
(c)
(c) is a member of his or his spouse’s close family and is under 18;
(d)
(d) has 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 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 under (c) or (d) but for the fact that he is not under 18;
(f)
(f) has been living with him as an unmarried couple for at least two of the three years before the relevant time,
and “dependent” has the corresponding meaning.
(3) In paragraph (2)—
“relevant time” means, in relation to any arrangements made by a local authority in respect of a person, the time when the local authority begins to make those arrangements;
“unmarried couple” means a man and woman who, though not married to each other, are living together as if married.
Power for local authorities to arrange travel and provide accommodation
3.—(1) A local authority may make arrangements (“travel arrangements”) enabling a person with refugee status abroad or who is an EEA national to leave the United Kingdom to travel to the relevant EEA State.
(2) A local authority may make arrangements for the accommodation of a person in respect of whom travel arrangements have been or are to be made pending the implementation of those arrangements.
(3) A local authority may make arrangements for the accommodation of a person unlawfully in the United Kingdom who...
To continue reading
Request your trial