New Schedule 3 - Availability of local authority support

Immigration Bill – in a Public Bill Committee at 10:45 am on 17th November 2015.

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1 Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) is amended as follows.

2 (1) Paragraph 1 (ineligibility for support) is amended as follows.

(2) In sub-paragraph (1) (excluded support or assistance) after paragraph (g) insert—

(ga) in relation only to a person to whom this paragraph applies by virtue of paragraph 7B—

(i) section 23CZA of that Act (arrangements for certain former relevant children to continue to live with former foster parents), or

(ii) regulations under section 23D of that Act (personal advisers),”.

(3) After sub-paragraph (2) insert—

“(2A) In the case of the provisions referred to in sub-paragraph (1)(ga), sub-paragraph (2) applies only in relation to a person to whom this paragraph applies by virtue of paragraph 7B.”

3 (1) Paragraph 2(1) (exceptions) is amended as follows.

(2) In paragraph (c) for “or 10” substitute “, 10, 10A or 10B”.

(3) After the “or” at the end of paragraph (c) insert—

(ca) under section 95A or 98A of the Immigration and Asylum Act 1999 (support for failed asylum seekers etc), or”.

4 After paragraph 3 insert—

3A Notwithstanding paragraph 3, paragraph 1(1)(g) prevents a local authority in England from providing support or assistance under section 17 of the Children Act 1989 to a person in respect of a child if —

(a) the support or assistance is of a type that could be provided to the person by virtue of paragraph 10A (see paragraph 10A(7)), and

(b) support is being provided to the person by virtue of paragraph 10A or there are reasonable grounds for believing that support will be provided to the person by virtue of that paragraph.

3B Notwithstanding paragraph 3, paragraph 1(1)(g) prevents a local authority in England from providing support or assistance under section 23C, 23CA, 24A or 24B of the Children Act 1989 to a person if—

(a) support is being provided to the person by virtue of paragraph 10B or section 95A of the Immigration and Asylum Act 1999, or

(b) there are reasonable grounds for believing that support will be provided to the person by virtue of that paragraph or section.

3C Notwithstanding paragraph 3, paragraph 1(1)(ga) prevents a local authority in England from providing support or assistance under a provision mentioned in paragraph (ga) to a person if—

(a) support is being provided to the person by virtue of paragraph 10B or section 95A of the Immigration and Asylum Act 1999, or

(b) there are reasonable grounds for believing that support will be provided to the person by virtue of that paragraph or section.”

5 In paragraph 6 (third class of ineligible person: failed asylum-seeker), in sub-paragraph (1), in the words before sub-paragraph (a), after “person” insert “in Wales, Scotland or Northern Ireland”.

6 In paragraph 7 (fourth class of ineligible person: person unlawfully in United Kingdom), in the words before sub-paragraph (a), after “person” insert “in Wales, Scotland or Northern Ireland”.

7 Before paragraph 8 insert—

“Sixth class of ineligible person: person in England without leave to enter or remain

7B (1) Paragraph 1 applies to a person in England if—

(a) under the Immigration Act 1971, he requires leave to enter or remain in the United Kingdom but does not have it, and

(b) he is not an asylum-seeker.

(2) Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).”

8 After paragraph 10 insert—

“Accommodation and subsistence etc: England

10A (1) The Secretary of State may make regulations providing for arrangements to be made for support to be provided to a person to whom paragraph 1 applies by virtue of paragraph 7B(1) and—

(a) who is destitute,

(b) who has with him a dependent child,

(c) to whom section 95A of the Immigration and Asylum Act 1999 does not apply, and

(d) in relation to whom condition A, B, C or D is satisfied.

(2) Condition A is that—

(a) the person has made an application for leave to enter or remain in the United Kingdom and has not withdrawn the application,

(b) where regulations under this paragraph require that the application must be of a kind specified in the regulations for this condition to be satisfied, the application is of that kind, and

(c) the application has not been determined.

(3) Condition B is that—

(a) the person has appealed under section 82(1), and

(b) the appeal is pending within the meaning of section 104.

(4) Condition C is that—

(a) the person’s appeal rights are exhausted, and

(b) he has not failed to cooperate with arrangements that would enable him to leave the United Kingdom.

(5) Condition D is that the provision of support is necessary to safeguard and promote the welfare of a dependent child.

(6) Arrangements for a person by virtue of this paragraph may include arrangements for a dependant.

(7) The support that may be provided under arrangements by virtue of this paragraph may take the form of —

(a) accommodation;

(b) subsistence in kind, or cash or vouchers to pay for subsistence.

(8) Subsections (3) to (8) of section 95 of the Immigration and Asylum Act 1999 (meaning of “destitute”) apply for the purposes of this paragraph as they apply for the purposes of that section.

(9) For the purposes of sub-paragraph (2) regulations under this paragraph may provide for circumstances in which—

(a) a person is to be treated as having made an application for leave to enter or remain in the United Kingdom (despite not having made one);

(b) a person is to be treated as not having made such an application where the Secretary of State is satisfied that the application made is vexatious or wholly without merit.

(10) For the purposes of sub-paragraph (4) a person’s appeal rights are exhausted at the time when—

(a) he could not bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and

(b) no appeal brought by him is pending within the meaning of section 104.

10B (1) The Secretary of State may make regulations providing for arrangements to be made for support to be provided to a person to whom paragraph 1 applies by virtue of paragraph 7B(1) and—

(a) who is a former relevant child within the meaning of section 23C of the Children Act 1989,

(b) to whom section 95A of the Immigration and Asylum Act 1999 does not apply, and

(c) in relation to whom condition A, B or C is satisfied.

(2) Condition A is that—

(a) the person is destitute,

(b) the person has made an application for leave to enter or remain in the United Kingdom and has not withdrawn the application,

(c) where regulations under this paragraph require that the application must be of a kind specified in the regulations for this condition to be satisfied, the application is of that kind, and

(d) the application has not been determined.

(3) Condition B is that—

(a) the person is destitute,

(b) the person has appealed under section 82(1), and

(c) the appeal is pending within the meaning of section 104.

(4) Condition C is that—

(a) the person’s appeal rights are exhausted, and

(b) a person specified in regulations under this paragraph is satisfied that support needs to be provided to the person.

(5) The support that may be provided under arrangements by virtue of this paragraph may, in particular, take the form of —

(a) accommodation;

(b) subsistence in kind, or cash or vouchers to pay for subsistence.

(6) Subsections (3) to (8) of section 95 of the Immigration and Asylum Act 1999 (meaning of “destitute”) apply for the purposes of this paragraph as they apply for the purposes of that section.

(7) For the purposes of sub-paragraph (3) regulations under this paragraph may provide for circumstances in which—

(a) a person is to be treated as having made an application for leave to enter or remain in the United Kingdom (despite not having made one);

(b) a person is to be treated as not having made such an application where the Secretary of State is satisfied that the application made is vexatious or wholly without merit.

(8) For the purposes of sub-paragraph (5) a person’s appeal rights are exhausted at the time when—

(a) he could not bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and

(b) no appeal brought by him is pending within the meaning of section 104.”

9 In paragraph 11 (assistance and accommodation: general), in the words before sub-paragraph (a), for “or 10” substitute “, 10, 10A or 10B”.

10 In paragraph 13 (offences), in sub-paragraphs (1)(b) and (2)(a), for “or 10” substitute “, 10, 10A or 10B”.

11 In paragraph 14 (information), in sub-paragraphs (1) and (2), for “or 7” (as substituted by paragraph 25(8)(b) of Schedule 6) substitute “, 7 or 7B”.” —(James Brokenshire.)

This new Schedule simplifies the basis on which local authorities in England assess and provide accommodation and subsistence for destitute families without immigration status. It prevents adult migrant care leavers who have exhausted their appeal rights accessing Children Act support and provides for their pre-departure support.

Brought up, and read the First time.

Question put, That the schedule be read a Second time.

The Committee divided: Ayes 8, Noes 6.

Division number 34 Decision Time — New Schedule 3 - Availability of local authority support

Aye: 8 MPs

No: 6 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

Question accordingly agreed to.

New schedule 3 read a Second time, and added to the Bill.

Clause 51 ordered to stand part of the Bill.

Photo of Sarah Champion Sarah Champion Shadow Minister (Home Office)

On a point of order, Mr Owen. May I have clarity on when amendment 70 will be considered?

Photo of Albert Owen Albert Owen Labour, Ynys Môn

We will come to it shortly.

Photo of Charlie Elphicke Charlie Elphicke Government Whip

Further to that point of order, Mr Owen. I also seek clarification. I understand, though I stand to be corrected, that amendment 70 is on the table. I am not sure, however, about whether amendments 221 and 77 are on the table as well.

Photo of Albert Owen Albert Owen Labour, Ynys Môn

When we come to clause 54, amendment 221 can be moved formally at that point. That will be followed by amendment 70. Ms Champion, are you happy with that?

Clause 52 ordered to stand part of the Bill.