46Exception for persons subject to immigration controlE+W
(1)A local authority may not meet the needs for care and support of an adult to whom section 115 of the Immigration and Asylum Act 1999 (“the 1999 Act”) (exclusion from benefits) applies and whose needs for care and support have arisen solely—
(a)because the adult is destitute, or
(b)because of the physical effects, or anticipated physical effects, of being destitute.
(2)For the purposes of subsection (1), section 95(2) to (7) of the 1999 Act applies but with the references in section 95(4) and (5) of that Act to the Secretary of State being read as references to the local authority in question.
(3)But, until the commencement of section 44(6) of the Nationality, Immigration and Asylum Act 2002, subsection (2) is to have effect as if it read as follows—
“(2)For the purposes of subsection (1), section 95(3) and (5) to (8) of, and paragraph 2 of Schedule 8 to, the 1999 Act apply but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as references to the local authority in question.”
(4)The reference in subsection (1) to meeting an adult's needs for care and support includes a reference to doing so in order to meet a carer's needs for support.
Modifications etc. (not altering text)
C1Ss. 46-49 applied (1.4.2015 for specified purposes) by Care Act 2014 (c. 23), ss. 52(8), 127 (with s. 52(13)(14)); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995)