SCHEDULES
SCHEDULE 3Withholding and Withdrawal of Support
1Ineligibility for support
1
A person to whom this paragraph applies shall not be eligible for support or assistance under—
a
section 21 or 29 of the National Assistance Act 1948 (c. 29) (local authority: accommodation and welfare),
b
section 45 of the Health Services and Public Health Act 1968 (c. 46) (local authority: welfare of elderly),
c
section 12 or 13A of the Social Work (Scotland) Act 1968 (c. 49) (social welfare services),
d
Article 7 or 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (prevention of illness, social welfare, &c.),
e
section 21 of and Schedule 8 to the National Health Service Act 1977 (c. 49) (social services),
f
section 29(1)(b) of the Housing (Scotland) Act 1987 (c. 26) (interim duty to accommodate in case of apparent priority need where review of a local authority decision has been requested),
g
section 17, 23C, 24A or 24B of the Children Act 1989 (c. 41) (welfare and other powers which can be exercised in relation to adults),
h
Article 18, 35 or 36 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (welfare and other powers which can be exercised in relation to adults),
i
sections 22, 29 and 30 of the Children (Scotland) Act 1995 (c. 36) (provisions analogous to those mentioned in paragraph (g)),
j
section 188(3) or 204(4) of the Housing Act 1996 (c. 52) (accommodation pending review or appeal),
k
section 2 of the Local Government Act 2000 (c. 22) (promotion of well-being),
l
a provision of the Immigration and Asylum Act 1999 (c. 33), or
m
a provision of this Act.
2
A power or duty under a provision referred to in sub-paragraph (1) may not be exercised or performed in respect of a person to whom this paragraph applies (whether or not the person has previously been in receipt of support or assistance under the provision).
3
An approval or directions given under or in relation to a provision referred to in sub-paragraph (1) shall be taken to be subject to sub-paragraph (2).
Exceptions
2
1
Paragraph 1 does not prevent the provision of support or assistance—
a
to a British citizen, or
b
to a child, or
c
under or by virtue of regulations made under paragraph 8, 9 or 10 below, or
d
in a case in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1, or
e
in circumstances in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1.
2
Regulations under sub-paragraph (1)(d) may confer a discretion on the Secretary of State.
3
Regulations under sub-paragraph (1)(e) may, in particular, disapply paragraph 1 to the provision of support or assistance by a local authority to a person where the authority—
a
has taken steps in accordance with guidance issued by the Secretary of State to determine whether paragraph 1 would (but for the regulations) apply to the person, and
b
has concluded on the basis of those steps that there is no reason to believe that paragraph 1 would apply.
4
Regulations under sub-paragraph (1)(d) or (e) may confer a discretion on an authority.
5
A local authority which is considering whether to give support or assistance to a person under a provision listed in paragraph 1(1) shall act in accordance with any relevant guidance issued by the Secretary of State under sub-paragraph (3)(a).
6
A reference in this Schedule to a person to whom paragraph 1 applies includes a reference to a person in respect of whom that paragraph is disapplied to a limited extent by regulations under sub-paragraph (1)(d) or (e), except in a case for which the regulations provide otherwise.
3
Paragraph 1 does not prevent the exercise of a power or the performance of a duty if, and to the extent that, its exercise or performance is necessary for the purpose of avoiding a breach of—
a
a person’s Convention rights, or
b
a person’s rights under the Community Treaties.
4First class of ineligible person: refugee status abroad
1
Paragraph 1 applies to a person if he—
a
has refugee status abroad, or
b
is the dependant of a person who is in the United Kingdom and who has refugee status abroad.
2
For the purposes of this paragraph a person has refugee status abroad if—
a
he does not have the nationality of an EEA State, and
b
the government of an EEA State other than the United Kingdom has determined that he is entitled to protection as a refugee under the Refugee Convention.
5Second class of ineligible person: citizen of other EEA State
Paragraph 1 applies to a person if he—
a
has the nationality of an EEA State other than the United Kingdom, or
b
is the dependant of a person who has the nationality of an EEA State other than the United Kingdom.
6Third class of ineligible person: failed asylum-seeker
1
Paragraph 1 applies to a person if—
a
he was (but is no longer) an asylum-seeker, and
b
he fails to cooperate with removal directions issued in respect of him.
2
Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).
7Fourth class of ineligible person: person unlawfully in United Kingdom
Paragraph 1 applies to a person if—
a
he is in the United Kingdom in breach of the immigration laws within the meaning of section 11, and
b
he is not an asylum-seeker.
8Travel assistance
The Secretary of State may make regulations providing for arrangements to be made enabling a person to whom paragraph 1 applies by virtue of paragraph 4 or 5 to leave the United Kingdom.
Temporary accommodation
9
1
The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person to whom paragraph 1 applies pending the implementation of arrangements made by virtue of paragraph 8.
2
Arrangements for a person by virtue of this paragraph—
a
may be made only if the person has with him a dependent child, and
b
may include arrangements for a dependent child.
10
1
The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person if—
a
paragraph 1 applies to him by virtue of paragraph 7, and
b
he has not failed to cooperate with removal directions issued in respect of him.
2
Arrangements for a person by virtue of this paragraph—
a
may be made only if the person has with him a dependent child, and
b
may include arrangements for a dependent child.
Assistance and accommodation: general
11
Regulations under paragraph 8, 9 or 10 may—
a
provide for the making of arrangements under a provision referred to in paragraph 1(1) or otherwise;
b
confer a function (which may include the exercise of a discretion) on the Secretary of State, a local authority or another person;
c
provide that arrangements must be made in a specified manner or in accordance with specified principles;
d
provide that arrangements may not be made in a specified manner;
e
require a local authority or another person to have regard to guidance issued by the Secretary of State in making arrangements;
f
require a local authority or another person to comply with a direction of the Secretary of State in making arrangements.
12
1
Regulations may, in particular, provide that if a person refuses an offer of arrangements under paragraph 8 or fails to implement or cooperate with arrangements made for him under that paragraph—
a
new arrangements may be made for him under paragraph 8, but
b
new arrangements may not be made for him under paragraph 9.
2
Regulations by virtue of this paragraph may include exceptions in the case of a person who—
a
has a reason of a kind specified in the regulations for failing to implement or cooperate with arrangements made under paragraph 8, and
b
satisfies any requirements of the regulations for proof of the reason.
13Offences
1
A person who leaves the United Kingdom in accordance with arrangements made under paragraph 8 commits an offence if he—
a
returns to the United Kingdom, and
b
requests that arrangements be made for him by virtue of paragraph 8, 9 or 10.
2
A person commits an offence if he—
a
requests that arrangements be made for him by virtue of paragraph 8, 9 or 10, and
b
fails to mention a previous request by him for the making of arrangements under any of those paragraphs.
3
A person who is guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months.
14Information
1
If it appears to a local authority that paragraph 1 applies or may apply to a person in the authority’s area by virtue of paragraph 6 or 7, the authority must inform the Secretary of State.
2
A local authority shall act in accordance with any relevant guidance issued by the Secretary of State for the purpose of determining whether paragraph 1 applies or may apply to a person in the authority’s area by virtue of paragraph 6 or 7.
15Power to amend Schedule
The Secretary of State may by order amend this Schedule so as—
a
to provide for paragraph 1 to apply or not to apply to a class of person;
b
to add or remove a provision to or from the list in paragraph 1(1);
c
to add, amend or remove a limitation of or exception to paragraph 1.
16Orders and regulations
1
An order or regulations under this Schedule must be made by statutory instrument.
2
An order or regulations under this Schedule may—
a
make provision which applies generally or only in specified cases or circumstances or only for specified purposes;
b
make different provision for different cases, circumstances or purposes;
c
make transitional provision;
d
make consequential provision (which may include provision amending a provision made by or under this or another Act).
3
An order under this Schedule, regulations under paragraph 2(1)(d) or (e) or other regulations which include consequential provision amending an enactment shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
4
Regulations under this Schedule to which sub-paragraph (3) does not apply shall be subject to annulment in pursuance of a resolution of either House of Parliament.
17Interpretation
1
In this Schedule—
“asylum-seeker” means a person—
- a
who is at least 18 years old,
- b
who has made a claim for asylum (within the meaning of section 18(3)), and
- c
whose claim has been recorded by the Secretary of State but not determined,
- a
“Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42),
“child” means a person under the age of eighteen,
“dependant” and “dependent” shall have such meanings as may be prescribed by regulations made by the Secretary of State,
“EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),
“local authority”—
- a
in relation to England and Wales, has the same meaning as in section 129(3),
- b
in relation to Scotland, has the same meaning as in section 129(4), and
- c
in relation to Northern Ireland, means a health service body within the meaning of section 133(4)(d) and the Northern Ireland Housing Executive (for which purpose a reference to the authority’s area shall be taken as a reference to Northern Ireland),
- a
“the Refugee Convention” means the Convention relating to the status of Refugees done at Geneva on 28th July 1951 and its Protocol, and
“removal directions” means directions under Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.), under Schedule 3 to that Act (deportation) or under section 10 of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom).
2
For the purpose of the definition of “asylum-seeker” in sub-paragraph (1) a claim is determined if—
a
the Secretary of State has notified the claimant of his decision,
b
no appeal against the decision can be brought (disregarding the possibility of an appeal out of time with permission), and
c
any appeal which has already been brought has been disposed of.
3
For the purpose of sub-paragraph (2)(c) an appeal is disposed of when it is no longer pending for the purpose of—
a
Part 5 of this Act, or
b
the Special Immigration Appeals Commission Act 1997 (c. 68).
4
The giving of directions in respect of a person under a provision of the Immigration Acts is not the provision of assistance to him for the purposes of this Schedule.