The Asylum Support (Amendment) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Asylum Support Regulations 2000 (S.I. 2000/704) (“2000 Regulations”) and together with the Asylum Seekers (Reception Conditions) Regulations 2005 (which come into force at the same time as these Regulations) and the inclusion of a new Part 11B in the Immigration Rules (HC 395) make the provision which is necessary for the implementation of Council Directive 2003/9/EC of 27th January 2003 laying down minimum standards for the reception of asylum seekers (OJ L31 6.2.03 p 18) (“the Directive”). Many parts of the Directive do not require implementation as consistent provision is already made in existing domestic legislation. A transposition note has been prepared and is published together with the explanatory memorandum for this instrument on HMSO’s website: www.hmso.gov.uk.

Under regulation 3 of the 2000 Regulations, the Secretary of State may make further enquiries about a person’s application for asylum support. Regulation 3 of these Regulations adds to that regulation and, in particular, it provides for when an applicant must respond to those enquiries and the conclusion that may be reached if he does not. New regulation 3(5C) also makes it clear that if the Secretary of State decides not to entertain an application for asylum support he shall also discontinue any temporary support which is being provided under section 98 of the Immigration and Asylum Act 1999 (“temporary support”).

Regulation 4 inserts a new regulation 17A which provides that the Secretary of State may request a refund from a supported person if it transpires that he was not destitute, or his dependants were not destitute, at a time when he or they were in receipt of asylum support. If necessary, this can be enforced as if it were a debt due to the Secretary of State.

Regulation 5 amends regulation 19 so as to limit the definition of relevant condition to a condition that an asylum seeker lives in a particular place. Regulation 19 provides that the extent to which a person has complied with a relevant condition may be taken into account when deciding whether to provide or continue to provide asylum support. Breach of a relevant condition is also a ground on which support may be suspended or discontinued under regulation 20 (see below).

Regulation 6 substitutes a new regulation 20 and sets out amended grounds on which asylum support may be discontinued or suspended (and by virtue of regulation 7 these grounds also apply to the suspension or discontinuation of temporary support). Paragraph (1) sets out in sub-paragraphs (a) to (k) the circumstances in which support may be discontinued or suspended. Paragraphs (3), (4) and (5) all make provision for the way in which decisions to suspend or discontinue support must be made and the circumstances in which a decision to reinstate support must be made. Paragraph (6) contains definitions for the purposes of regulation 20. In particular, the definition of authorised address is expanded to include the address that an asylum seeker must now notify under the new part 11B of the Immigration Rules and collective accommodation is defined so as to include shared accommodation, including that where facilities only (such as a kitchen or common area) are shared. This is intended to reflect the definition of accommodation centre in Article 2(l) of the Directive (“any place used for the collective housing of asylum seekers”). A different term is used in these Regulations so as to avoid confusion with the term accommodation centre used in the Nationality, Immigration and Asylum Act 2002.

Regulation 8 amends regulation 21 so that the non-entertainment provisions contained in that regulation do not apply when a decision to discontinue support has been made under paragraphs 1(d) or (i). This is to reflect the obligation to reconsider the resumption of support provided in new regulation 20(5) and referred to above.