Support for ‘failed asylum seekers’ under the new Immigration Act

parliament_logoHere are parts of Schedule 11:
Section 4 of the Immigration and Asylum Act 1999 (provision of accommodation for failed asylum-seekers, etc ) is repealed.
Then: After section 95 insert—

95ASupport for failed asylum-seekers, etc who are unable to leave UK

(1)The Secretary of State may provide, or arrange for the provision of, support for a person, for such period or periods as may be prescribed, if—
(a)the person is a failed asylum-seeker, or a dependant of a failed asylum-seeker,
(b)an application for support under this section is made in respect of the person which meets such requirements as may be prescribed,
(c)it appears to the Secretary of State that the person is destitute, or is likely to become destitute within such period as may be prescribed, and
(d)the person faces a genuine obstacle to leaving the United Kingdom.
(2)Subsections (3) to (8) of section 95 (meaning of “destitute”) apply for the purposes of this section as they apply for the purposes of that section.
(3)Regulations made by the Secretary of State may make provision for determining what is, or is not, to be regarded as a genuine obstacle to leaving the United Kingdom for the purposes of this section.
(4)The Secretary of State may make regulations prescribing other criteria to be used in determining—
(a)whether or not to provide support, or arrange for the provision of support, for a person under this section;
(b)whether or not to continue to provide support, or arrange for the provision of support, for a person under this section.
(5)Regulations under subsection (4) may, in particular—
(a)provide for the provision of support (or the continuation of the provision of support) to be subject to conditions;
(b)provide for the provision of support (or the continuation of the provision of support) to be a matter for the Secretary of State’s discretion to a prescribed extent or in cases of a prescribed description.
(6)A condition imposed by regulations under subsection (5)(a) may, in particular, relate to any of the following—
(a)any matter relating to the use of the support provided;
(b)compliance with a condition imposed under Schedule 10 to the Immigration Act 2016 (immigration bail);
(c)the person’s performance of, or participation in, community activities in accordance with arrangements made by the Secretary of State.

And then:
After section 98 insert—

98ATemporary support for failed asylum-seekers, etc

(1)The Secretary of State may provide, or arrange for the provision of, support for persons within subsection (2) who it appears to the Secretary of State—
(a)may be destitute, and
(b)may face a genuine obstacle to leaving the United Kingdom.
(2)The persons referred to in subsection (1) are—
(a)failed asylum-seekers, and
(b)dependants of failed asylum-seekers.
(3)Support may be provided under this section only until the Secretary of State is able to determine whether support may be provided under section 95A.
(4)Subsections (3) to (12) of section 95A apply for the purposes of this section as they apply for the purposes of that section.

And much much more………. at   Immigration Act 2016
Thank you to Barbara Forbes for this information