New Clause 9 - Late claim for asylum: refusal of support: appeals

Part of Asylum and Immigration (Treatment of Claimants, etc.) Bill – in a Public Bill Committee at 2:30 pm on 27th January 2004.

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Photo of Mrs Marion Roe Mrs Marion Roe Conservative, Broxbourne 2:30 pm, 27th January 2004

I remind the Committee that with this we are discussing the following:

New clause 10—Asylum support: back payments—

'In Schedule 8 of the Immigration and Asylum Act 1999 (provision of support: regulations) after paragraph 12, insert—

''13 The regulations may make provision for the back payment of a regular support payment not received by the claimant''.'.

New clause 11—Termination of NASS support—

'For subsection 94(3) of the Immigration and Asylum Act 1999 substitute—

''(3) For the purposes of this Part, a claim for asylum is determined at the end of such period beginning—

(a) on the day on which the Secretary of State notifies the claimant of the associated termination of his or her support, or

(b) if the claimant has appealed against the Secretary of State's decision, and the appeal has been disposed of, on the day on which the Secretary of State notifies the appellant of the associated termination of his or her support, as may be prescribed.''.'.

New clause 12—Victims of domestic violence: recourse to public funds—

'Individuals who apply for indefinite leave to remain in the United Kingdom under paragraph 289A of the Immigration Rules (Refusal of indefinite leave to remain in the United Kingdom as the victim of domestic violence) shall have recourse to public funds while their application is being considered.'.

New clause 20—Late claim for asylum: refusal of support—

'For section 55(1) of the Nationality, Immigration & Asylum Act 2002 (c. 41) there is substituted—

''(1) The Secretary of State may not provide or arrange for the provision of support to a person under a provision mentioned in subsection (2) if—

(a) the person makes a claim for asylum which is recorded by the Secretary of State,

(b) the Secretary of State is satisfied that the person's claim for asylum is manifestly unfounded, and

(c) the Secretary of State is not satisfied that the claim was made as soon as reasonably practicable after the person's arrival in the United Kingdom,

for more than a period of 28 days after the person is notified of the Secretary of State's decision.''.'.

New clause 21—Benefits to failed asylum seekers—

'(1) Save for the services listed in subsection (2), a person who is a member of a group listed in subsection (3) is ineligible to receive benefit in cash or kind at the expense wholly or partly of public funds whether nationally or locally raised.

(2) The services are—

(a) those services which are provided indiscriminately on a non-individual basis;

(b) treatment of infectious disease;

(c) treatment in response to a health emergency;

(d) care immediately before and after maternity; and

(e) such other services as the Secretary of State may by order designate.

(3) The groups are—

(a) those persons covered by section 7 of this Act; and

(b) in relation to any particular service or benefit, any EEA national—

(i) whose country does not offer a broadly equivalent level of service or benefit to a citizen of the United Kingdom in that country as is offered to a citizen of the United Kingdom in the United Kingdom; and

(ii) who has been resident in the United Kingdom for less than 12 months.

(4) The Secretary of State shall lay before Parliament guidelines on the interpretation of subsection (3) to which providers of services not exempted by subsection (2) shall have regard.'.