288.The provisions in Schedule 9 will apply to those asylum seekers receiving support from local authorities under social services legislation prior to the interim arrangements taking effect, and those who claim asylum in country during the interim period (between regulations under Schedule 9 taking effect and Part VI coming into force). When Part VI comes into force those who have been accepted for support under the interim provisions will continue to be supported in this way until a decision is taken to transfer them to the Part VI arrangements.
289.Paragraph 1 provides a power to require local authorities to provide support to asylum seekers and their dependants who appear to be destitute or likely to become destitute.
290.Paragraph 2(1) provides that regulations must be made setting out which local authority is to have responsibility for assessing destitution. Provision also exists within paragraph 2(2) for support to be provided by a local authority (or the Secretary of State if applicable) on an emergency basis in the period between the asylum seeker making his application for support and a decision being taken as to whether he is eligible for it.
291.Paragraph 3 provides that the test of destitution to be adopted by local authorities during the interim period is the same as that which will apply once Part VI comes into force.
292.There may be occasions in which it would be appropriate to refuse, terminate or discontinue support and regulations under paragraph 4 would set these out. This might include any cases in which the asylum seeker abuses the support he has been provided with. The exact nature and level of support and the conditions attached to it would be set out in regulations under paragraphs 5 and 6. It is envisaged that, for single people, local authorities would be constrained to provide support by means of vouchers, with a small amount of cash, but they would be free to provide support for families in the form of cash if they so wished.
293.Paragraphs 8 and 9 contain provisions to assist local authorities under pressure as a result of the large numbers of asylum seekers they are currently supporting. Under existing arrangements there may be instances where asylum seekers being supported by one authority are resident in the area of another. Typically, this happens where there is a shortage of accommodation in the area of the authority with responsibility for supporting the asylum seeker. Regulations may be made limiting the areas in which local authorities may place asylum seekers while continuing to support them or the particular circumstances in which they may not do this.
294.Paragraph 9 allows regulations to be made permitting a local authority to refer elsewhere asylum seekers who apply to them for support during the interim period, provided that the sending authority is supporting more than a certain number of asylum seekers, that number to be determined by the Secretary of State. This will allow authorities which are already supporting large numbers of asylum seekers to disperse asylum seekers to other authorities which are less burdened during the interim period. However, such referrals may only take place if the claim appears bona fide; it is not intended that this should be a detailed assessment as it will remain the responsibility of the receiving authority to determine whether the individual is destitute.
295.Regulations under paragraph 10 would provide that those asylum seekers who make a claim for support to the Secretary of State while at the same time lodging their application for asylum at IND may also be dispersed.
296.It is intended that the power conferred by paragraph 11 may be used to require, for example, a registered social landlord to give reasonable assistance to local authorities providing support during the eligible period.
297.Paragraph 12 provides power to set out details regarding the procedure for applying for support and determining eligibility.
298.Paragraph 13 provides power to deem those supported by local authorities under section 21 of the National Assistance Act 1948 or under section 17 of the Children Act 1989 on to support under Schedule 9.
299.Paragraph 14 permits regulations to provide that asylum seekers being supported by local authorities under the interim arrangements are no longer to receive assistance under certain items of legislation. In practice, it is intended that asylum seekers would no longer be able to have recourse, either to section 21 of the National Assistance Act 1948 or to the provisions relating to children’s welfare to relieve destitution. However, regulations could still make it possible to provide assistance under such legislation in certain limited circumstances.
Schedule 9