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.