Immigration and Asylum Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 99
 
  
BY THE LORD ALTON OF LIVERPOOL
THE LORD HYLTON
 
171     Page 66, line 23, at end insert--
 
    ("(  )  If the Secretary of State provides or offers to provide support which the applicant contends is not adequate for his needs and the needs of his dependants (if any), the applicant may appeal to an adjudicator.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
172     Page 66, line 26, at end insert ("; or
    (c)  dismiss the appeal.")
 
173     Page 66, line 29, leave out ("determined against the appellant") and insert ("dismissed") 
174     Page 66, line 30, leave out ("from him") and insert ("by the appellant") 
175     Page 66, line 32, at end insert--
 
    ("(6A)  The Secretary of State may by regulations provide for decisions as to where support provided under section 90 is to be provided to be appealable to an adjudicator under this Part.
 
    (6B)  Regulations under subsection (6A) 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.")
 
  
Clause 106
 
  
BY THE LORD BASSAM OF BRIGHTON
 
176     Page 69, line 13, after ("authority") insert ("or Northern Ireland authority") 
177     Page 69, line 16, at end insert--
 
    ("(1A)  The Secretary of State may from time to time pay to any--
    (a)  local authority,
    (b)  local authority association, or
    (c)  Northern Ireland authority,
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.")
 
178     Page 69, line 22, at end insert--
 
    ("(3A)  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 97(3)(a).
 
    (3B)  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 97(3)(b).
 
    (3C)  In subsections (3A) and (3B)--
    determined" means determined in accordance with regulations made by virtue of subsection (8)(a) of section 97, and
    directed body" means a body to which a direction under subsection (3) of section 97 is given.")
 
179     Page 69, line 23, after ("(1)") insert (", (1A)") 
180     Page 69, line 24, at end insert--
 
    ("(  )  Northern Ireland authority" means--
    (a)  the Executive; or
 
 
    (b)  a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972.")
S.I. 1972/1265 (N.I. 14).
  
Clause 110
 
  
BY THE LORD BASSAM OF BRIGHTON
 
181     Page 71, line 3, at end insert ("or 94") 
  
Clause 111
 
  
BY THE LORD BASSAM OF BRIGHTON
 
182     Page 71, line 27, leave out ("subject to immigration control") and insert ("to whom this section applies") 
  
BY THE LORD SWINFEN
THE LORD ALTON OF LIVERPOOL
THE LORD BISHOP OF SOUTHWARK
 
183     Page 71, line 27, at end insert--
 
    ("(  ) Subsection (1)(a), (b), (d) and (g) above do not apply to a person seeking asylum in the United Kingdom or a spouse or dependant of such a person.")
 
  
BY THE LORD GRAHAM OF EDMONTON
 
184     Page 71, line 27, at end insert--
 
    ("(  )  Subsection (1)(a) to (k) of this section shall not apply to an asylum seeker where there is evidence of persecution or torture (or both), including rape or other sexual violence, who shall be paid income support at the urgent cases rate as prescribed.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
185     Page 71, line 34, leave out ("subject to immigration control") and insert ("to whom this section applies") 
186     Page 71, line 37, at end insert--
 
    ("(3A)  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.
 
    (3B)  In relation to the benefits mentioned in subsection (1)(f) or (g), "prescribed" means prescribed by regulations made by the Treasury.
 
    (3C)  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.
 
     (3D)  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.1992 c. 4.
     (3E)  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.") 1992 c. 7.
  
Clause 112
 
  
BY THE LORD BASSAM OF BRIGHTON
 
187     Page 72, line 18, after ("1999") insert (", and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act,") 
188     Page 72, line 20, after ("(7)") insert ("of that section and in that paragraph") 
  
Clause 113
 
  
BY THE BARONESS WILLIAMS OF CROSBY
THE LORD BISHOP OF OXFORD
 
189     Page 72, line 22, leave out subsections (1) and (2) 
  
BY THE LORD BASSAM OF BRIGHTON
 
190     Page 72, line 25, leave out ("made in respect of persons") and insert ("given effect to in relation to a person") 
191     Page 72, line 27, at end insert ("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 90 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) 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."  ")
 
192     Page 72, line 29, after ("illness") insert ("and for care and after-care") 
193     Page 72, line 31, leave out ("made in respect of persons") and insert ("given effect to in relation to a person") 
194     Page 72, line 33, at end insert ("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 90 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) 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."")
 
  
Clause 116
 
  
BY THE LORD BASSAM OF BRIGHTON
 
195     Page 74, line 21, after ("1999") insert (", and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act,") 
196     Page 74, line 23, after ("(7)") insert ("of that section and in that paragraph") 
197     Page 74, line 27, leave out from beginning to ("person") in line 28 and insert (""(4) No arrangements under subsection (1) above may be given effect to in relation to a") 
198     Page 74, line 29, at end insert ("solely--
      (a)  because he is destitute; or
      (b)  because of the physical effects, or anticipated physical effects, of his being destitute.
        (5)  Subsections (3) and (5) to (8) of section 90 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (4) above 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."")
 
199     Page 74, line 32, leave out from beginning to ("person") in line 33 and insert (""(3) No arrangements under subsection (1) above may be given effect to in relation to a") 
200     Page 74, line 34, at end insert ("solely--
      (a)  because he is destitute; or
      (b)  because of the physical effects, or anticipated physical effects, of his being destitute.
        (4)  Subsections (3) and (5) to (8) of section 90 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (3) above 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."")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
200A     Page 74, line 35, leave out subsections (4) and (5) 
  
BY THE LORD BASSAM OF BRIGHTON
 
201     Page 74, line 37, leave out from beginning to ("person") in line 38 and insert (""(3) No arrangements under paragraph (a) or (c) of subsection (1) above may be given effect to in relation to a") 
202     Page 74, line 39, at end insert ("solely--
      (a)  because he is destitute; or
      (b)  because of the physical effects, or anticipated physical effects, of his being destitute.
        (4)  Subsections (3) and (5) to (8) of section 90 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (3) above as they apply for the purposes of that section, but for the references in subsection (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.")
 
203     Page 74, line 44, at end insert ("solely--
      (a)  because he is destitute; or
      (b)  because of the physical effects, or anticipated physical effects, of his being destitute.
        (5)  Subsections (3) and (5) to (8) of section 90 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (4) above as they apply for the purposes of that section, but for the references in subsection (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.")
 
  
Clause 117
 
  
BY THE LORD BASSAM OF BRIGHTON
 
204     Page 75, line 6, leave out from beginning to ("person") in line 7 and insert (""(3) No arrangements made under paragraph (1) may be given effect in relation to a") 
205     Page 75, line 8, at end insert ("solely--
      (a)  because he is destitute; or
      (b)  because of the physical effects, or anticipated physical effects, of his being destitute.
        (3A)  Subsections (3) and (5) to (8) of section 90 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of paragraph (3) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in paragraph 2 of that Schedule to the Secretary of State substitute references to the Department."")
 
206     Page 75, line 17, leave out ("and (5)") 
207     Page 75, line 18, after ("1999") insert (", and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act,") 
208     Page 75, line 20, after ("(7)") insert ("of that section and in paragraph 2 of that Schedule") 
  
Clause 118
 
  
BY THE LORD BASSAM OF BRIGHTON
 
209     Page 75, line 40, leave out from ("under") to ("in") in line 43 and insert ("any of the child welfare provisions") 
210     Page 76, line 8, at end insert--
 
    ("(  )  The child welfare provisions" means--
    (a)  section 17 of the Children Act 1989 (local authority support for children and their families);
    (b)  section 22 of the Children (Scotland) Act 1995 (equivalent provision for Scotland); and
    (c)  Article 18 of the Children (Northern Ireland) Order 1995 (equivalent provision for Northern Ireland).")
 
211     Page 76, line 11, leave out from ("under") to ("in") in line 12 and insert ("any of the child welfare provisions") 
212     Page 76, line 14, after ("means") insert ("--
    (a)  in relation to Northern Ireland, the authority within whose area the withdrawn accommodation was provided;
    (b)  in any other case,")
 
  
BY THE LORD NORTHBOURNE
 
212A*     Page 76, line 17, at end insert--
 
    ("(11)  Nothing in this section shall prevent the Social Services Inspectorate from inspecting and reporting upon the adequacy of arrangements made by the Secretary of State under subsections (3) and (4) of this section, and a copy of such report shall be delivered to the Secretary of State and made available on request for inspection by any member of the public.")
 
  
Clause 119
 
  
BY THE LORD BASSAM OF BRIGHTON
 
213     Page 76, line 23, leave out from beginning to ("provide") and insert ("Regulations may") 
214     Page 77, line 8, after ("regulations") insert ("made by the Secretary of State") 
215     Page 77, line 11, after ("regulations") insert ("made by the Department") 
216     Page 77, line 14, after ("regulations") insert ("made by the Secretary of State") 
217     Page 77, line 17, after ("regulations") insert ("made by the Department") 
 
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Prepared 19 October 1999