Part VI Support for Asylum-Seekers
Exclusions
I1120 Other restrictions on assistance: Scotland.
1
In section 12 of the M1Social Work (Scotland) Act 1968 (general social welfare services of local authorities), after subsection (2) insert—
2A
A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies is not to receive assistance under subsection (1) of this section (whether by way of residential accommodation or otherwise) if his need for assistance has arisen solely—
a
because he is destitute; or
b
because of the physical effects, or anticipated physical effects, of his being destitute.
2B
Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (2A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.
2
In section 13A of that Act (provision of residential accommodation with nursing), after subsection (3) insert—
4
No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—
a
because he is destitute; or
b
because of the physical effects, or anticipated physical effects, of his being destitute.
5
Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (4) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.
3
In section 13B of that Act (provision of care and after-care), after subsection (2) insert—
3
No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—
a
because he is destitute; or
b
because of the physical effects, or anticipated physical effects, of his being destitute.
4
Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (3) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.
F14
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F15
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6
In the M2Asylum and Immigration Appeals Act 1993, omit sections 4 and 5 and Schedule 1 (provisions relating to housing of asylum-seekers).