Part 3

Other Support and Assistance

Asylum-seeker: family with children
47
The following shall be substituted for section 122 of the Immigration and Asylum Act 1999 (c. 33) (destitute asylum-seeker with child: duty to support)—

Family with children
122
1
This section applies where a person (“the asylum-seeker”) applies for support under section 95 of this Act or section 17 of the Nationality, Immigration and Asylum Act 2002 (accommodation centres) if—
a
the Secretary of State thinks that the asylum-seeker is eligible for support under either or both of those sections, and
b
the asylum-seeker’s household includes a dependant child who is under 18.
2
The Secretary of State must offer the provision of support for the child, as part of the asylum-seeker’s household, under one of the sections mentioned in subsection (1).
3
A local authority (or, in Northern Ireland, an authority) may not provide assistance for a child if—
a
the Secretary of State is providing support for the child in accordance with an offer under subsection (2),
b
an offer by the Secretary of State under subsection (2) remains open in respect of the child, or
c
the Secretary of State has agreed that he would make an offer in respect of the child under subsection (2) if an application were made as described in subsection (1).
4
In subsection (3) “assistance” means assistance under—
a
section 17 of the Children Act 1989 (c. 41) (local authority support),
b
section 22 of the Children (Scotland) Act 1995 (c. 36) (similar provision for Scotland), or
c
Article 18 of the Children (Northern Ireland) Order 1995 (S.I. 1995/775 (N.I. 2)) (similar provision for Northern Ireland).
5
The Secretary of State may by order disapply subsection (3) in specified circumstances.
6
Where subsection (3) ceases to apply to a child because the Secretary of State stops providing support, no local authority may provide assistance for the child except the authority for the area within which the support was provided.