Part VI Support for Asylum-Seekers

Exclusions

117 Other restrictions on assistance: England and Wales.

(1)

In section 45 of the M1Health Services and Public Health Act 1968 (promotion by local authorities of the welfare of old people), after subsection (4), insert—

“(4A)

No arrangements under this section may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—

(a)

because he is destitute; or

(b)

because of the physical effects, or anticipated physical effects, of his being destitute.

(4B)

Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (4A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.”

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

F2In section 161 of the M2Housing Act 1996 (allocation of housing accommodation only to qualifying persons), after subsection (2), insert—

“(2A)

Regulations may not be made under subsection (2) so as to include in a prescribed class any person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies.”

(4)

F3In section 185 of the 1996 Act (persons from abroad not eligible for housing assistance), after subsection (2), insert—

“(2A)

Regulations may not be made under subsection (2) so as to include in a prescribed class any person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies.”

(5)

In the 1996 Act, omit section 186 (asylum-seekers and their dependants).

(6)

In section 187(1) of the 1996 Act (provision of information by Secretary of State), in paragraph (a), for “or has become an asylum-seeker, or a dependant of an asylum-seeker” substitute “ a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies ”.