Part 2: Asylum Chapter 1: Treatment of refugees; support for asylum-seekers Section 13: Accommodation for asylum-seekers etc.
Overview: This section sets out the various factors the Secretary of State may take into account when deciding on the type of accommodation to allocate to asylum seekers and failed asylum seekers in need of support.
	Background: Sections 95, 98 and section 4(2) of the Immigration and Asylum Act 1999 ("the 1999 Act") enables the Secretary of State to provide support, including accommodation, to asylum seekers and failed asylum seekers who are or may become destitute. Section 4(2) will be replaced by a new form of support for failed asylum seekers provided under section 95A or 98A of the 1999 Act, once changes in the Immigration Act 2016 come in to force.
	There is currently no obligation to provide a specific form of accommodation. The accommodation provided to asylum seekers and failed asylum seekers is not linked to the progress of their claim, appeal, or their compliance with the rules. However, a breach of the conditions of their support may result in withdrawal of support.
	The intention of this section is to allow for the use of certain types of accommodation to house certain cohorts of asylum seekers and failed asylum seekers in order to increase efficiencies within the system and increase compliance.
	Subsection 1 inserts new subsection 3A into section 97 of the 1999 Act. New subsection 3A allows the Secretary of State, when deciding the type of accommodation an individual may be offered, to take into account the stage their protection claim has reached, as well as their past compliance with conditions of bail and conditions attached to any support they have previously been receiving. In practice, this would mean that the Secretary of State could use different types of accommodation at different stages of an individual’s protection claim.
	Subsections 2 to 8 contain consequential amendments to sections 97, 98 and 98A of the 1999 Act and sections 17, 22 and 24 of the Nationality, Immigration and Asylum Act 2002 ("the 2002 Act") and inserts section 22A into that Act to enable subsection 3A to also apply to asylum seekers supported under section 98 of the 1999 Act (temporary support pending consideration of whether they are eligible to section 95 support) and to failed asylum seekers receiving support under section 95A (support for failed asylum seekers) or section 98A (temporary support for failed asylum seekers).
	Subsection 9 amends section 25 of the 2002 Act. Currently, an individual may not be accommodated in an accommodation centre if they have already been a resident of an accommodation centre for a continuous period of 6 months. However, that limit may be disapplied by agreement between the Secretary of State and the individual, and if the Secretary of State deems it appropriate because of the circumstances of an individual’s case she may direct that the limit be 9 months. The Secretary of State has a power under section 25 to reduce the time limits stipulated in that section. This amendment allows the Secretary of State to reduce or increase the time period an individual can be accommodated in an accommodation centre. The purpose of the amendment is provide for wider flexibility to ensure the appropriate form of accommodation is provided to individuals for as long as it is required.
	Subsection 10 is a consequential amendment to section 27 of the 2002 Act that provides references in Part 2 of the 2002 Act to a "resident of an accommodation centre" include those supported under sections 95A (support for failed asylum seekers) or 98A (temporary support for failed asylum seekers).