23
23 — Power to require payments from recipients of asylum support
new law12 amendments · 2 Government(1)This section applies to any person who—
(a)has received asylum support, and
(b)is not exempt (see subsection (6)).
(2)For the purposes of this section and section 24 a person receives asylum support if they are—
(a)accommodated in facilities provided under section 4 of the Immigration and Asylum Act 1999 (including where provided by virtue of section 99 of that Act),
(b)provided with support under section 95 or 95A of that Act in a way mentioned in section 96(1)(a) or (b) of that Act (including where provided by virtue of section 99 of that Act), or
(c)provided with accommodation under section 17 of the Nationality, Immigration and Asylum Act 2002.
(3)The Secretary of State may require a person to whom this section applies to make payments to the Secretary of State in accordance with this section.
(4)The Secretary of State may by regulations make further provision about payments under subsection (3) including, in particular, provision—
(a)about the calculation of the sums to be paid;
(b)about the circumstances, including in relation to the financial means of the person, in which a person may be required to make payments;
(c)specifying the period before the end of which a payment must be made;
(d)about the way in which a person is to be notified that they are required to make payments;
(e)about how amounts required to be paid are to be collected.
(5)Regulations under subsection (4) must include provision to ensure that a person is not required to make payments under subsection (3) unless the person is able to do so without becoming destitute (within the meaning given by section 95 of the Immigration and Asylum Act 1999).
(6)A person is exempt for the purposes of this section if they—
(a)were under 18 at all times at which they received asylum support,
(b)started to receive asylum support before the day on which this section comes fully into force, or
(c)are of any other description specified in regulations made by the Secretary of State.
Explanatory Notes · published by the Government with the Bill
190. Subsection (1) sets out the scope of the clause. It provides that is applies to any person who has received asylum support and who is not exempt, with the categories of exemption defined later in subsection (6).
191. Subsection (2) defines what it means to have “received asylum support” for the purposes of this clause. It clarifies that this includes individuals who have been accommodated or provided with support under specified provisions of the Immigration and Asylum Act 1999, namely sections 4, 95 and 95A (whether provided directly or via section 99), as well as those accommodated in accommodation centres under section 17 of the Nationality, Immigration and Asylum Act 2002.
192. Subsection (3) confers a power on the Secretary of State to require a person within the scope of the clause to make payments to the Secretary of State. This establishes the core power, subject to further provision set out in subsequent subsections.
193. Subsection (4) provides a regulation-making power enabling the Secretary of State to make further provision about such payments. In particular, this includes provision about how the sums payable are to be calculated, the circumstances in which payments are required (including consideration of a person’s financial means), the timeframe for payment, and the method by which individuals are notified of any requirement to pay.
194. Subsection (5) places a constraint on the regulation-making power by requiring that regulations must ensure that a person is not required to make payments if doing so would render them destitute, as defined in section 95(3) of the Immigration and Asylum Act 1999.
195. Subsection (6) sets out the categories of persons who are exempt from the requirement to make payments. These include individuals who were under 18 throughout the period they received asylum support, and individuals who began receiving asylum support before the section comes into force. It also allows for additional categories of exemption to be specified in regulations.
Amendments tabled 12, including 2 from the Government · 1 would remove the whole clause
Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill
Green Party: Siân Berry, Green Spokesperson (Home)
Would remove the whole clause
Not yet debated
The amendment · as tabled, addressed to the printed Bill
Page 21, line 18, leave out Clause 23
No explanatory statement was published with this amendment.
Green Party: Siân Berry, Green Spokesperson (Home)
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would reduce the level of payments required from a person by 20% for every 30 days longer than six months that passed before a decision was made on the person’s asylum claim.
Effect on the clause · the printed text with this amendment applied
21:32(3) The Secretary of State may require a person to whom this section applies to make
21:33payments to the Secretary of State in accordance with this section.
(3A) Subject to subsection (3B), where the Secretary of State did not make a decision on a person’s protection claim within 180 days of the making of the protection claim, any sums to be paid by the person under subsection (3) must be reduced by 20% for every period of 30 days that elapsed before a decision on the person’s protection claim was made.
(3B) Subsection 3A does not apply where a decision on the protection claim was not made within 180 days of the claim being made due to the actions of the applicant.
(3C) For the purposes of subsection (3A), “protection claim” has the same meaning as in section 82(2)(a) of the Nationality, Immigration and Asylum Act 2002.
21:34(4) The Secretary of State may by regulations make further provision about
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 21, line 33, at end insert—
“(3A) Subject to subsection (3B), where the Secretary of State did not make a decision on a person’s protection claim within 180 days of the making of the protection claim, any sums to be paid by the person under subsection (3) must be reduced by 20% for every period of 30 days that elapsed before a decision on the person’s protection claim was made.
(3B) Subsection 3A does not apply where a decision on the protection claim was not made within 180 days of the claim being made due to the actions of the applicant.
(3C) For the purposes of subsection (3A), “protection claim” has the same meaning as in section 82(2)(a) of the Nationality, Immigration and Asylum Act 2002.”
Anna Turley, Minister of State (Home Office) Adds words
Not yet debated
Explanatory statement · what it would do, in the words of the Government
This amendment would make it clear that regulations under clause 23 may include provision about the circumstances in which a payment required to be made under that clause by a recipient of asylum support may be reduced, waived or (where it has already been paid) refunded, including provision conferring a discretion on the Secretary of State.
Effect on the clause · the printed text with this amendment applied
22:2to make payments;
22:3(e) about how amounts required to be paid are to be collected.
(f) allowing for the reduction, waiver or refund of part or all of an amount required to be paid (whether by conferring a discretion or otherwise);
22:4(5) Regulations under subsection (4) must include provision to ensure that a
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 3, at end insert—
“(f) allowing for the reduction, waiver or refund of part or all of an amount required to be paid (whether by conferring a discretion or otherwise);”
Anna Turley, Minister of State (Home Office) Adds words
Not yet debated
Explanatory statement · what it would do, in the words of the Government
This amendment, together with amendment 126, would make it clear that regulations under clause 23 may include provision about how an amount required to be paid to the Secretary of State under that clause by a recipient of asylum support is to be treated in a case where the person is made bankrupt or enters certain other insolvency proceedings.
Effect on the clause · the printed text with this amendment applied
22:2to make payments;
22:3(e) about how amounts required to be paid are to be collected.
(g) about the effect of a person becoming insolvent on their liability to make payments under this section (whether the liability arose before or after the person became insolvent) (and see section 24(6A)).
22:4(5) Regulations under subsection (4) must include provision to ensure that a
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 3, at end insert—
“(g) about the effect of a person becoming insolvent on their liability to make payments under this section (whether the liability arose before or after the person became insolvent) (and see section 24(6A)).”
Green Party: Siân Berry, Green Spokesperson (Home)
Replaces words
Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would amend the provision relating to repayment of asylum support so that people would not be required to make payments if doing so would leave them, or their household, impoverished (defined as having an equivalised net income of less than 60% of the median).
Effect on the clause · the printed text with this amendment applied
22:5person is not required to make payments under subsection (3) unless the
22:6person is able to do so without becoming destitute (within the meaning given
22:7by section 95 of the Immigration and Asylum Act 1999).
(5A) For the purposes of subsection (5), a person or household is impoverished if its equivalised net income for the relevant financial year is less than 60% of median equivalised net household income for that financial year.
22:8(6) A person is exempt for the purposes of this section if they—
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 6, leave out from “without” to end of line 7 and insert “them or their household becoming impoverished.
(5A) For the purposes of subsection (5), a person or household is impoverished if its equivalised net income for the relevant financial year is less than 60% of median equivalised net household income for that financial year.”
Green Party: Siân Berry, Green Spokesperson (Home)
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would ensure that an individual would not be liable to repay amounts above the actual cost of the support they received.
Effect on the clause · the printed text with this amendment applied
22:6person is able to do so without becoming destitute (within the meaning given
22:7by section 95 of the Immigration and Asylum Act 1999).
(5A) Regulations under subsection (4) must include provision to ensure that a person is not required to make payments in excess of the cost of the support provided to them while in receipt of asylum support.
22:8(6) A person is exempt for the purposes of this section if they—
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 7, at end insert—
“(5A) Regulations under subsection (4) must include provision to ensure that a person is not required to make payments in excess of the cost of the support provided to them while in receipt of asylum support.”
Liberal Democrat: Tom Gordon
supported by Mr Paul Kohler
Replaces words
Not yet debated
Explanatory statement · what it would do, in the words of Tom Gordon
This amendment would exempt from being required to make payments to the Secretary of State any persons who were, at any point, under 18 years of age during the time they received asylum support.
Effect on the clause · the printed text with this amendment applied
22:8(6) A person is exempt for the purposes of this section if they—
22:9(a) were under 18 at all timesany time at which they received asylum support,
22:10(b) started to receive asylum support before the day on which this section
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 9, leave out “all times” and insert “any time”
Green Party: Siân Berry, Green Spokesperson (Home)
Replaces words
Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would extend the exemption for repaying asylum support from any person who was under the age of 18 at all times they were in receipt of support to any person who was under the age of 21 at any time they were in receipt of support.
Effect on the clause · the printed text with this amendment applied
22:8(6) A person is exempt for the purposes of this section if they—
22:9(a) were under 18 at all times21 at any time at which they received asylum support,
22:10(b) started to receive asylum support before the day on which this section
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 9, leave out “18 at all times” and insert “21 at any time”
Green Party: Siân Berry, Green Spokesperson (Home)
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would add people over retirement age and victims of modern slavery, domestic abuse, or serious sexual or physical violence to the list of people who would be exempted from repaying any asylum support they received.
Effect on the clause · the printed text with this amendment applied
22:8(6) A person is exempt for the purposes of this section if they—
22:9(a) were under 18 at all times at which they received asylum support,
(aa) were over the age of retirement at the time they ceased to be an asylum seeker (within the meaning given by section 94 of the Immigration and Asylum Act 1999),
(ab) have received a positive conclusive grounds decision (within the meaning of Part 5 of the Nationality and Borders Act 2022),
(ac) are a survivor of sexual or gender-based violence, or have been a victim of domestic abuse (within the meaning of Part 1 of the Domestic Abuse Act 2021)
(ad) are an individual who has been subjected to torture, rape or other serious forms of psychological, physical or sexual violence,
22:10(b) started to receive asylum support before the day on which this section
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 9, at end insert—
“(aa) were over the age of retirement at the time they ceased to be an asylum seeker (within the meaning given by section 94 of the Immigration and Asylum Act 1999),
(ab) have received a positive conclusive grounds decision (within the meaning of Part 5 of the Nationality and Borders Act 2022),
(ac) are a survivor of sexual or gender-based violence, or have been a victim of domestic abuse (within the meaning of Part 1 of the Domestic Abuse Act 2021)
(ad) are an individual who has been subjected to torture, rape or other serious forms of psychological, physical or sexual violence,”
Green Party: Siân Berry, Green Spokesperson (Home)
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would exempt from the requirement to make payments under Clause 23 anyone who is granted protection following a successful appeal.
Effect on the clause · the printed text with this amendment applied
22:8(6) A person is exempt for the purposes of this section if they—
22:9(a) were under 18 at all times at which they received asylum support,
(aa) were granted leave to remain in the United Kingdom following an appeal by the person against the Secretary of State’s decision to refuse a protection claim.
22:10(b) started to receive asylum support before the day on which this section
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 9, at end insert—
“(aa) were granted leave to remain in the United Kingdom following an appeal by the person against the Secretary of State’s decision to refuse a protection claim.”
Amendment 139
New
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office)
Removes words
Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson
This amendment would remove the exemption from making payments for asylum support received for people who received support before clause 23 comes fully into force.
Effect on the clause · the printed text with this amendment applied
22:9(a) were under 18 at all times at which they received asylum support,
22:10(b) started to receive asylum support before the day on which this section
22:11comes fully into force, or
22:12(c) are of any other description specified in regulations made by the
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 10, leave out paragraph (b)
Amendment 140
New
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office)
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson
This amendment would require the Government to publish its draft regulations for the asylum support repayment scheme, together with an estimate of how many people will pay, how much will be recovered and what the scheme will cost to run, before the scheme is brought into force.
Effect on the clause · the printed text with this amendment applied
22:12(c) are of any other description specified in regulations made by the
22:13Secretary of State.
(7) This section may not be brought fully into force until the Secretary of State has published and laid before Parliament—
(a) a draft of the regulations which the Secretary of State proposes to make under subsection (4), and
(b) an estimate, for each of the first five years after this section comes fully into force, of—
(i) the number of persons expected to be required to make payments under subsection (3),
(ii) the sums expected to be recovered, and
(iii) the cost of administering the requirement to make payments and of collecting those payments.
The amendment · as tabled, addressed to the printed Bill
Clause 23, page 22, line 13, at end insert—
Show the full text (6 lines)
“(7) This section may not be brought fully into force until the Secretary of State has published and laid before Parliament—
(a) a draft of the regulations which the Secretary of State proposes to make under subsection (4), and
(b) an estimate, for each of the first five years after this section comes fully into force, of—
(i) the number of persons expected to be required to make payments under subsection (3),
(ii) the sums expected to be recovered, and
(iii) the cost of administering the requirement to make payments and of collecting those payments.”