Schedules Schedule 11: Support for certain categories of migrant Part 1: Amendments of the Immigration Acts
The 1999 Act contains powers to support destitute asylum seekers and their dependants under section 95 of the Act. Failed asylum seekers and their dependants may also be supported under section 95 (if there were children aged under 18 in their household at the time their asylum claim and any appeal was finally rejected) or under section 4(2) of the 1999 Act. Certain other categories of migrants may be supported under section 4(1) of the 1999 Act.
	Section 95 and section 4 both contain powers to make regulations to set out the circumstances and ways in which support may be provided.
	This Schedule amends these provisions:
Persons who have children in their household at the time their asylum claim and any appeal is finally rejected will no longer be treated as though they were still asylum seekers and so will no longer be eligible for support under section 95;
Persons who have been refused asylum but made further submissions that they have asked to be treated as a fresh claim for asylum may be eligible for support under section 95 if a decision on the further submissions has not yet been made;
Persons whose further submissions have been rejected but who have been granted permission to apply for a judicial review of the rejection may be eligible for support under section 95.
	The Schedule repeals the whole of section 4 of the 1999 Act and creates a new power ("section 95A") to support failed asylum seekers and their dependants who can demonstrate that they are destitute and that they face a genuine obstacle to leaving the UK at the point their appeal rights are exhausted.
	The circumstances that will constitute a genuine obstacle may be set out in regulations. An example of a genuine obstacle may be the inability to access the requisite documentation in order to travel. As is already the case in respect of section 95 support, regulations may also specify how support may be provided. By virtue of section 166(5) of the 1999 Act as amended by paragraph 24 of the Schedule, the regulations governing section 95A support will be subject to the affirmative procedure.