2007 No. 3627
The Immigration and Asylum (Provision of Services or Facilities) Regulations 2007
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred by sections 4(10) and (11) of the Immigration and Asylum Act 19991, makes the following Regulations:
Citation and commencement1
These Regulations may be cited as the Immigration and Asylum (Provision of Services or Facilities) Regulations 2007 and shall come into force on 31st January 2008.
Interpretation2
In these Regulations—
“the 1999 Act” means the Immigration and Asylum Act 1999;
“ante-natal eligible period” means the period from eight weeks before the expected date of birth to the date of birth;
“child” means an individual who is less than 18 years old;
“destitute” is to be construed in accordance with section 95(3) of the 1999 Act2;
“full birth certificate” means a birth certificate issued in the United Kingdom, which specifies the names of the child’s parents;
“immigration officer” means a person appointed as an immigration officer under paragraph 1(1) of Schedule 2 to the Immigration Act 19713;
“maternity payment” means a payment of £250 made by the Secretary of State to a person supported under section 954 or section 98 of the 1999 Act to help with the costs arising from the birth of a child;
“mother” means a woman who is a supported person and who has provided evidence to satisfy the Secretary of State that she has given birth to a child;
“post-natal eligible period” means the period from the date of the birth to six weeks after the birth;
“pregnant woman” means a woman who is a supported person who has provided evidence to satisfy the Secretary of State that she is pregnant;
“provider” means a person providing facilities for the accommodation of persons by arrangement with the Secretary of State under section 4 of the 1999 Act5;
“qualified person” has the same meaning as in section 84(2) of the 1999 Act6;
“qualifying journey” means where—
- a
a single journey of a distance of not less than three miles; or
- b
where there is a specified need, a single journey of a distance of less than three miles;
- a
“specified need” means where—
- a
the supported person is unable or virtually unable to walk a distance of up to three miles by reason of a physical impediment or for some other reason; or
- b
the supported person has one or more child dependants—
- i
aged under five; or
- ii
who are unable or virtually unable to walk a distance of up to three miles by reason of a physical impediment or for some other reason;
- i
- a
“supported person” means a person who is being provided with accommodation under section 4 of the 1999 Act and who is destitute; and
“voluntary sector partner” means an organisation funded by the Secretary of State to deliver aspects of asylum support services.
Travel3
1
The Secretary of State may supply, or arrange for the supply of, facilities for travel for a qualifying journey to a supported person to—
a
receive healthcare treatment, provided that the supported person has provided evidence that the qualifying journey is necessary; or
b
register a birth.
2
Subject to paragraph (3), if the Secretary of State supplies, or arranges for the supply of, facilities for travel for a qualifying journey to a supported person under paragraph (1) then, if necessary, the Secretary of State may also supply, or arrange for the supply of, facilities for travel for that qualifying journey to—
a
one or more dependants of that supported person; and
b
in the case of a supported person who is a child—
i
a parent or guardian of that supported person or a person who for the time being takes parental responsibility for that supported person; and
ii
if the parent, guardian or person who for the time being takes parental responsibility for that supported person himself has dependants then one or more of his dependants.
3
The Secretary of State may only supply, or arrange for the supply of, facilities for travel under paragraph (2) to persons who are supported persons.
Birth certificates4
The Secretary of State may arrange for the provision to a supported person of his child’s full birth certificate.
Telephone calls and letters5
1
The Secretary of State may supply, or arrange for the supply of, facilities to make telephone calls—
a
regarding medical treatment or care,
b
to a qualified person,
c
to a court or tribunal,
d
to a voluntary sector partner,
e
to a citizens advice bureau,
f
to a local authority,
g
to an immigration officer, or
h
to the Secretary of State,
to a supported person aged 18 or over.
2
The Secretary of State may supply, or arrange for the supply of, stationery and postage for correspondence—
a
regarding medical treatment or care,
b
to a qualified person,
c
to a court or tribunal,
d
to a voluntary sector partner,
e
to a citizens advice bureau,
f
to a local authority,
g
to an immigration officer, or
h
to the Secretary of State,
to a supported person aged 18 or over.
One-off supply of vouchers for pregnant women and new mothers6
1
During the ante-natal eligible period, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for goods to the value of £250 in respect of each expected child to a pregnant woman.
2
In a case where such support has not been provided under paragraph (1), during the post-natal eligible period, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for goods to the value of £250 in respect of each new born child to a mother.
3
Paragraphs (1) and (2) shall not apply if a maternity payment has been made in respect of the child in question.
Additional weekly vouchers for pregnant women and children under three7
1
For the duration of the pregnancy, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for goods or services to the value of £3 per week to a pregnant woman.
2
Until the first birthday of a child who is a supported person, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for goods or services to the value of £5 per week to him.
3
From the day after the first birthday of a child who is a supported person, until the third birthday, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for goods or services to the value of £3 per week to him.
Additional weekly vouchers for clothing for children8
Until the sixteenth birthday of a child who is a supported person, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for clothing to the value of £5 per week to him.
Exceptional specific needs9
1
If the Secretary of State is satisfied that a supported person has an exceptional need for:
a
facilities for travel,
b
facilities to make telephone calls,
c
stationery and postage, or
d
essential living needs,
she may provide for that need, notwithstanding that the conditions for the supply of those services or facilities referred to respectively in regulations 3, 5, and 6 are not satisfied.
2
In determining what are or are not to be treated as essential living needs, the Secretary of State shall have regard to regulations made under section 95(7) of the 1999 Act.
(This note is not part of the Regulations)