Part 2

Accommodation Centres

Use of centres

Destitution: definition
19
1
Where a person has dependants, he and his dependants are destitute for the purpose of this Part if they do not have and cannot obtain both—
a
adequate accommodation, and
b
food and other essential items.
2
Where a person does not have dependants, he is destitute for the purpose of this Part if he does not have and cannot obtain both—
a
adequate accommodation, and
b
food and other essential items.
3
In determining whether accommodation is adequate for the purposes of subsection (1) or (2) the Secretary of State must have regard to any matter prescribed for the purposes of this subsection.
4
In determining whether accommodation is adequate for the purposes of subsection (1) or (2) the Secretary of State may not have regard to—
a
whether a person has an enforceable right to occupy accommodation,
b
whether a person shares all or part of accommodation,
c
whether accommodation is temporary or permanent,
d
the location of accommodation, or
e
any other matter prescribed for the purposes of this subsection.
5
The Secretary of State may by regulations specify items which are or are not to be treated as essential items for the purposes of subsections (1) and (2).
6
The Secretary of State may by regulations—
a
provide that a person is not to be treated as destitute for the purposes of this Part in specified circumstances;
b
enable or require the Secretary of State in deciding whether a person is destitute to have regard to income which he or a dependant of his might reasonably be expected to have;
c
enable or require the Secretary of State in deciding whether a person is destitute to have regard to support which is or might reasonably be expected to be available to the person or a dependant of his;
d
enable or require the Secretary of State in deciding whether a person is destitute to have regard to assets of a prescribed kind which he or a dependant of his has or might reasonably be expected to have;
e
make provision as to the valuation of assets.
Pt. 2 applied (with modifications) (25.2.2008) by The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008 (S.I. 2008/212), regs. 1, 5(a), Sch. 1