Part VI Support for Asylum-Seekers
Expenditure
C1113 Recovery of expenditure on support from sponsor.
1
This section applies if—
a
a person (“the sponsor”) has given a written undertaking in pursuance of the immigration rules to be responsible for the maintenance and accommodation of another person; and
b
during any period in relation to which the undertaking applies, support under section 95 is provided to or in respect of that other person.
2
The Secretary of State may make a complaint against the sponsor to a magistrates’ court for an order under this section.
3
The court—
a
must have regard to all the circumstances (and in particular to the sponsor’s income); and
b
may order him to pay to the Secretary of State such sum (weekly or otherwise) as it considers appropriate.
4
But such a sum is not to include any amount attributable otherwise than to support provided under section 95.
5
In determining—
a
whether to order any payments to be made in respect of support provided under section 95 for any period before the complaint was made, or
b
the amount of any such payments,
the court must disregard any amount by which the sponsor’s current income exceeds his income during that period.
6
An order under this section is enforceable as a magistrates’ court maintenance order within the meaning of section 150(1) of the M1Magistrates’ Courts Act 1980.
7
In the application of this section to Scotland—
a
omit subsection (6);
b
for references to a complaint substitute references to an application; and
c
for references to a magistrates’ court substitute references to the sheriff.
8
In the application of this section to Northern Ireland, for references to a magistrates’ court substitute references to a court of summary jurisdiction and for subsection (6) substitute—
6
An order under this section is an order to which Article 98(11) of the M2Magistrates’ Courts (Northern Ireland) Order 1981 applies.