Schedules Schedule 12: Availability of local authority support
Schedule 3 to the 2002 Act already restricts the availability of local authority support to migrants without immigration status.
	Paragraph 2 of Schedule12 to the Act amends paragraph 1(1) of Schedule 3 to the 2002 Act so that, in England, adult migrant care leavers (who are nearly all former asylum seeking children whose asylum and any other human rights claims have failed) who have exhausted their appeal rights and have established no lawful basis to remain here, are prevented from accessing local authority support for care leavers under the Children Act 1989.
	Paragraph 3 prevents local authorities in England from paying the higher education tuition fees of adult migrant care leavers deemed to be overseas students because of their immigration status. Instead, to obtain such support, the person will, like other migrants, be required to qualify under the Education (Student Support) Regulations 2011 (SI 2011/1986).
	Paragraph 5 retains Children Act care leaver support for those, e.g. who have been looked after by the local authority as a victim of trafficking, with an outstanding specified first application or appeal to regularise their immigration status.
	Paragraph 6 of this Schedule inserts a new paragraph 3A in Schedule 3 to the 2002 Act, which means that accommodation and subsistence support will be provided by local authorities in England to destitute families without immigration status under the regulations made under the new paragraph 10A of Schedule 3 to the 2002 Act (paragraph 10 of this Schedule) rather than under section 17 of the 1989 Act. However, this Schedule will ensure that section 17 of the 1989 Act will remain available to the local authority, together with its other Children Act powers and duties, to deal with any other needs of the child or their family which the local authority considers it is necessary to meet in order to safeguard and promote the child’s welfare.
	Paragraph 6 also inserts new paragraphs 3B and 3C in Schedule 3 to the 2002 Act, which mean that support will be provided by local authorities in England to adult migrant care leavers under the regulations made under the new paragraph 10B of Schedule 3 to the 2002 Act (paragraph 10 of this Schedule), or under the new section 95A of the 1999 Act, rather than under the Children Act 1989.
	Paragraph 9 of this Schedule inserts a new paragraph 7B in Schedule 3 to the 2002 Act to provide a new simplified definition in England of a person without immigration status, who will generally be ineligible for the forms of local authority support listed in paragraph 1(1) of Schedule 3.
	Paragraph 9 also brings ‘Zambrano carers’ (non-EEA nationals reliant on being the primary carer of a British citizen for the lawfulness of their presence here) into the scope of the new scheme in England under paragraph 10A of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 for local authority accommodation and subsistence support for destitute families. Paragraph 10 of this Schedule inserts a new paragraph 10A in Schedule 3 to the 2002 Act, under which regulations may be made, subject to Parliamentary approval, to enable local authorities in England to provide for the accommodation and subsistence needs of destitute families without immigration status (according to the definition set out in the new paragraph 7B). The circumstances in which this support may be provided are where:
The family has an outstanding specified immigration application or appeal (destitute asylum seekers and destitute failed asylum seekers who face a genuine obstacle to departure at the point their appeal rights are exhausted will be supported by the Home Office);
The family has exhausted all appeal rights and has not failed to co-operate with arrangements to leave the UK; or
The local authority is satisfied that the provision of support is necessary to safeguard and promote the welfare of a dependent child.
	Paragraph 10 also inserts a new paragraph 10B in Schedule 3 to the 2002 Act under which regulations will be made by the Secretary of State, subject to Parliamentary approval, to enable local authorities in England to provide for the support of adult migrant care leavers who have:
An outstanding specified immigration application or appeal and are destitute; or
Exhausted their appeal rights and do not qualify for Home Office support under the new section 95A of the 1999 Act inserted by Schedule 11 because there is no genuine obstacle to their departure from the UK, but the local authority is satisfied that support needs to be provided. This will enable the local authority to ensure that support does not end abruptly and there can be a managed process of encouraging and enabling departure from the UK.
	By virtue of paragraph 11 of Schedule 3 to the 2002 Act, the regulations under paragraph 10B will enable local authorities to provide such other social care support, as well as accommodation and subsistence, as they consider necessary in individual circumstances.
	Paragraph 15 amends paragraph 16 of Schedule 3 to the 2002 Act to provide that the regulations governing support under paragraphs 10A and 10B will be subject to the affirmative procedure