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Immigration and Asylum Act 1999

Section 120: Other restrictions on assistance: Scotland

345.This section replicates the effect of sections 116 and 117 with respect to Scotland, similarly removing entitlements to general social welfare provisions, to the provision of residential accommodation with nursing and the provision of care and after-care from all persons subject to immigration control, as defined in section 115(9) or, as the case may be, those excluded from benefits under section 115. Again these exclusions apply only to those whose need for access to these provisions arises solely on the basis of destitution. Where there is another substantive need for assistance, the exclusions will not apply.

346.Schedule 14 contains further amendments in relation to housing legislation. Paragraph 73 removes entitlement to protection under the Protection from Eviction Act 1977 from asylum seekers accommodated under Part VI; they can therefore be required to leave accommodation provided under Part VI without a court order having been obtained (as could any sub-tenants). Paragraphs 81 and 88 remove asylum seekers accommodated under Part VI from the security of tenure provisions contained in Part IV of the Housing Act 1985, and Part I of the Housing Act 1988 (which govern the secure and assured tenancy regimes respectively). Paragraphs 82 and 87 replicate these removals from the parallel provisions under the Housing (Scotland) Act 1987 and the Housing (Scotland) Act 1988.

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