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Immigration Act 2016

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This is the original version (as it was originally enacted).

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48Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) has effect as if—

(a)after paragraph 7C there were inserted—

Eighth class of ineligible person: transitional cases

7D(1)Paragraph 1 applies to a person if—

(a)the person is a transitionally-supported person (see sub-paragraph (3)),

(b)the Secretary of State has certified that, in the Secretary of State’s opinion, the person has failed without reasonable excuse to take reasonable steps—

(i)to leave the United Kingdom voluntarily, or

(ii)to place himself in a position in which he is able to leave the United Kingdom voluntarily,

(c)the person has received a copy of the Secretary of State’s certificate, and

(d)the period of 14 days, beginning with the date on which the person receives the copy of the certificate, has elapsed.

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

(3)A person is a “transitionally-supported person” if—

(a)accommodation is provided for the person by virtue of section 4 of the Immigration and Asylum Act 1999 as that section has effect by virtue of paragraph 46 of Schedule 11 to the Immigration Act 2016, or

(b)support is provided for the person under section 95 of the Immigration and Asylum Act 1999 by virtue of section 94(5) of that Act, as that provision has effect by virtue of paragraph 47 of that Schedule.

(4)For the purpose of sub-paragraph (1)(d), if the Secretary of State sends a copy of a certificate by first class post to a person’s last known address, the person is treated as receiving the copy on the second day after the day on which it was posted.

(5)The Secretary of State may by regulations vary the period specified in sub-paragraph (1)(d)., and

(b)in paragraph 14 (information), references to paragraph 7 included a reference to the paragraph 7D treated as inserted by this Schedule.

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