Nationality, Immigration and Asylum Act 2002

47 Asylum-seeker: family with children

The following shall be substituted for section 122 of the Immigration and Asylum Act 1999 (c. 33) (destitute asylum-seeker with child: duty to support)—

“122 Family with children

(1) This section applies where a person (“the asylum-seeker”) applies for support under section 95 of this Act or section 17 of the Nationality, Immigration and Asylum Act 2002 (accommodation centres) if—

(a) the Secretary of State thinks that the asylum-seeker is eligible for support under either or both of those sections, and

(b) the asylum-seeker’s household includes a dependant child who is under 18.

(2) The Secretary of State must offer the provision of support for the child, as part of the asylum-seeker’s household, under one of the sections mentioned in subsection (1).

(3) A local authority (or, in Northern Ireland, an authority) may not provide assistance for a child if—

(a) the Secretary of State is providing support for the child in accordance with an offer under subsection (2),

(b) an offer by the Secretary of State under subsection (2) remains open in respect of the child, or

(c) the Secretary of State has agreed that he would make an offer in respect of the child under subsection (2) if an application were made as described in subsection (1).

(4) In subsection (3) “assistance” means assistance under—

(a) section 17 of the Children Act 1989 (c. 41) (local authority support),

(b) section 22 of the Children (Scotland) Act 1995 (c. 36) (similar provision for Scotland), or

(c) Article 18 of the Children (Northern Ireland) Order 1995 (S.I. 1995/775 (N.I. 2)) (similar provision for Northern Ireland).

(5) The Secretary of State may by order disapply subsection (3) in specified circumstances.

(6) Where subsection (3) ceases to apply to a child because the Secretary of State stops providing support, no local authority may provide assistance for the child except the authority for the area within which the support was provided.”