300.Section 96 sets out the manner in which the Secretary of State may provide support for destitute asylum seekers and their dependants. The extent of the support is set out in subsection (1): it may include accommodation, or provision for essential living needs (including meals and personal care items), or both. Where a person has adequate accommodation (eg because he can stay with friends or relatives) he may be provided with living expenses only, and where he has sufficient resources to meet his living expenses but cannot afford rent he may be provided with accommodation only. There is also provision for meeting expenses associated with pursuing the asylum application; the last category would not extend to legal expenses, but would cover the costs of preparing and copying certain documents, and travelling to interviews with the IND associated with the asylum seeker’s claim for asylum. There is also provision to allow an asylum seeker and his dependants to attend a bail hearing in connection with detention under the Immigration Acts. Additionally, subsection (2) provides that in exceptional circumstances support may be given in other ways which go beyond the provision of accommodation, essential living expenses and expenses associated with the application until such time as the asylum seeker’s claim for asylum has been determined.
301.Subsection (3) provides that support should not normally be given by way of cash payments. The intention is that asylum seekers will be provided either with board and lodging together, or, if they are to cater for themselves, they will be given vouchers to be exchanged for food and other essentials at certain shops or supermarkets. They will be given a small weekly cash allowance to cover minor incidental expenses.
302.Subsections (4) and (5) give the Secretary of State the power to make an order disapplying or repealing the provisions that limit the extent of cash payments.
Schedule 9 Section 96: Ways in which support may be provided