Immigration and Asylum Bill -
Amendments to be debated in the House of Lords
- continued
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Clause 165
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 115, line 13, at end insert--
    ("(  )  section (Defences based on Article 31 of the Refugee Convention: No.2)(11),")
 
     Page 115, line 14, leave out paragraph (c) 
  
Clause 169
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 117, line 6, leave out subsection (2) and insert--
 
    ("(  )  Subsections (1) and (2) of section 114 come into force on the day on which the first regulations made under Schedule (Provision of Support: Regulations) come into force.")
 
     Page 117, line 12, at end insert--
    ("(  )  section (Defences based on Article 31 of the Refugee Convention: No. 2);")
 
     Page 117, line 13, leave out paragraph (e) 
     Page 117, line 15, leave out ("93(13)") and insert (" 93(12)") 
     Page 117, line 27, leave out ("62(2)") and insert ("62(1A)") 
     Page 117, line 28, leave out ("paragraph") and insert ("paragraphs 1A and") 
  
After Schedule 7
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Schedule-- 
 ("SCHEDULe 
 PROVISION OF SUPPORT: REGULATIONS> 
 General regulation-making power 
     1.  The Secretary of State may by regulations make such further provision with respect to the powers conferred on him by section 93 as he considers appropriate. 
 Determining whether a person is destitute 
     2.--(1)  The regulations may provide, in connection with determining whether a person is destitute, for the Secretary of State to take into account, except in such circumstances (if any) as may be prescribed--
    (a)  income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and
    (b)  support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his,
otherwise than by way of support provided under section 93.
 
    (2)  The regulations may provide that in such circumstances (if any) as may be prescribed, a person is not to be treated as destitute for the purposes of section 93.
 
 Prescribed levels of support 
     3.  The regulations may make provision--
    (a)  as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support in accordance with prescribed levels or of a prescribed kind;
    (b)  as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support otherwise than in accordance with the prescribed levels.
 
 Provision of items and services 
     4.  The regulations may make provision for prescribed items or services to be provided or made available to persons receiving support under section 93 for such purposes and in such circumstances as may be prescribed. 
 Support and assets to be taken into account 
     5.  The regulations may make provision requiring the Secretary of State, except in such circumstances (if any) as may be prescribed, to take into account, when deciding the level or kind of support to be provided--
    (a)  income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and
    (b)  support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his,
otherwise than by way of support provided under section 93.
 
 Valuation of assets 
     6.  The regulations may make provision as to the valuation of assets. 
 Breach of conditions 
     7.  The regulations may make provision for the Secretary of State to take into account, when deciding--
    (a)  whether to provide, or to continue to provide, support under section 93, or
    (b)  the level or kind of support to be provided,
the extent to which any condition on which support is being, or has previously been, provided has been complied with.
 
 Suspension or discontinuation of support 
     8.--(1)  The regulations may make provision for the suspension or discontinuance of support under section 93 in prescribed circumstances (including circumstances in which the Secretary of State would otherwise be under a duty to provide support).
 
    (2)  The circumstances which may be prescribed include the cessation of residence--
    (a)  in accommodation provided under section 93; or
    (b)  at an address notified to the Secretary of State in accordance with the regulations.
 
 Notice to quit 
     9.--(1)  The regulations may provide that if--
    (a)  as a result of support provided under section 93, a person has a tenancy or a licence to occupy accommodation,
    (b)  one or more of the conditions mentioned in sub-paragraph (2) are satisfied, and
    (c)  he is given such notice to quit as may be prescribed by the regulations,
his tenancy or licence is to be treated as ending with the period specified in that notice, regardless of when it could otherwise be brought to an end.
 
    (2)  The conditions are that--
    (a)  the support provided under section 93 is suspended or discontinued as a result of any provision of a kind mentioned in paragraph 8;
    (b)  the relevant claim for asylum has been determined;
    (c)  the supported person has ceased to be destitute;
    (d)  he is to be moved to other accommodation.
 
 Contributions to support 
     10.  The regulations may make provision requiring a supported person to make payments to the Secretary of State, in prescribed circumstances, by way of contributions to the cost of the provision of that support. 
 Recovery of sums by Secretary of State 
     11.--(1)  The regulations may provide for the recovery by the Secretary of State of sums representing the whole or part of the monetary value of support provided to a person under section 93 where it appears to the Secretary of State--
    (a)  that that person had, at the time when he applied for support, assets of any kind in the United Kingdom or elsewhere which were not capable of being realised; but
    (b)  that those assets have subsequently become, and remain, capable of being realised.
    (2)  An amount recoverable under regulations made by virtue of sub-paragraph (1) may be recovered--
    (a)  as if it were a debt due to the Secretary of State; or
    (b)  by such other method of recovery, including by deduction from support provided under section 93 as may be prescribed.
 
 Procedure 
     12.  The regulations may make provision with respect to procedural requirements including, in particular, provision as to--
    (a)  the procedure to be followed in making an application for support;
    (b)  the information which must be provided by the applicant;
    (c)  the circumstances in which an application may not be entertained;
    (d)  the making of further enquiries by the Secretary of State;
    (e)  the circumstances in which, and person by whom, a change of circumstances of a prescribed description must be notified to the Secretary of State.")
 
  
Schedule 8
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 140, line 25, leave out sub-paragraph (1) 
     Page 140, line 37, leave out ("prescribed") 
     Page 140, line 40, leave out ("prescribed") 
     Page 140, line 41, at end insert--
 
    ("(  )  For the purposes of any provision made as a result of sub-paragraph (2), the regulations may make provision for the determination by the Secretary of State of--
    (a)  the applicable maximum number of asylum-seekers;
    (b)  the applicable maximum number of eligible persons.
    (  )  The regulations may make provision for any such determination to be made--
    (a)  for local authorities generally;
    (b)  for prescribed descriptions of local authority; or
    (c)  for particular local authorities.")
 
  
Schedule 13
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 157, line 28, at end insert-- 
 ("The Education (Scotland) Act 1980 (c. 44) 
     .  Section 53 of the Education (Scotland) Act 1980 (requirement to provide school meals etc) is amended as follows--
    (a)  in subsection (3)--
          (i)  for the words from the beginning to "an", where it occurs for the second time, substitute--
        (3)  Subsection (3AA) below applies in relation to a pupil--
      (a)  whose parents are in receipt of--
            (i)  income support;
 
 
            (ii)  an income-based jobseeker's allowance (payable under the Jobseekers Act 1995); or
            (iii)  support provided under Part VI of the Immigration and Asylum Act 1999; or
      (b)  who is himself in receipt of income support or an income-based jobseeker's allowance.
        (3AA)  An"; and
          (ii)  for "him", where it occurs for the first time, substitute "the pupil"; and
    (b)  in subsection (3A), for "Subsections (1), (2) and (3)" substitute "Subsections (1) to (3AA)".")
1995 c. 18.
  
Schedule 14
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 165, line 33, at end insert-- 
 ("Section 2 of the Asylum and Immigration Act 1996 
     1A.--(1)  This paragraph applies in relation to any time before the commencement of the repeal by this Act of section 2 of the Asylum and Immigration Act 1996.
 
    (2)  That section has effect, and is to be deemed always to have had effect, as if the reference to section 6 of the Asylum and Immigration Appeals Act 1993 were a reference to section 13, and any certificate issued under that section is to be read accordingly.")
1996 c. 49.
     Page 166, line 30, at end insert-- 
 ("Duties under Health Services and Public Health Act 1968 
     .  Section 116(1) has effect, in relation to any time before section 114 is brought into force, as if section 114 came into force on the passing of this Act.") 
     Page 166, line 32, leave out ("Section 119(1) has") and insert ("Subsections (1) to (3) of section 119 have") 
     Page 166, line 33, at end insert-- 
 ("Duties under Health and Personal Social Services (Northern Ireland) Order 1972 
     .  Subsections (1) and (2) of section 120 have effect, in relation to any time before section 114 is brought into force, as if section 114 came into force on the passing of this Act. 
 Duties under National Health Service Act 1977 
     .  Section 116(2) has effect, in relation to any time before section 114 is brought into force, as if section 114 came into force on the passing of this Act. 
 Duties under Mental Health (Scotland) Act 1984 
     .  Subsections (4) and (5) of section 119 have effect, in relation to any time before section 114 is brought into force, as if section 114 came into force on the passing of this Act.") 
     Page 167, line 31, leave out from ("whom") to ("applies") in line 32 and insert ("an amended provision") 
     Page 167, line 42, at end insert--
 
    ("(  )  Amended provision" means any provision amended by--
    (a)  section 115;
    (b)  section 116(1) or (2);
    (c)  section 119; or
    (d)  section 120.")
 
 
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