(1)Regulations under section 23(4)(a) may, in particular, include provision for the sums to be paid by a person under section 23 to be calculated by reference to (among other things) whether the person received dependant support.
(2)A person “received dependant support” if—
(a)the person applied to receive asylum support for themselves and one or more of their dependants, and
(b)the applicant and one or more of their dependants received asylum support.
(3)In subsection (2) “dependant”—
(a)in relation to a person who receives asylum support as mentioned in section 23(2)(a) or (b), has the meaning given by section 94 of the Immigration and Asylum Act 1999;
(b)in relation to a person who receives asylum support as mentioned in section 23(2)(c), has the meaning given by section 20 of the Nationality, Immigration and Asylum Act 2002.
(4)Regulations under section 23(4)(e) may, in particular, provide for His Majesty’s Commissioners for Revenue and Customs (“HMRC”) to collect amounts required to be paid under section 23.
(5)HMRC may prepare for the exercise of any function that may be conferred on HMRC by regulations under section 23(4)(e).
(6)In section 40 of the UK Borders Act 2007 (supply of Revenue and Customs information for use for purposes of immigration and nationality functions), in subsection (1), after paragraph (f) insert—.
(fa)determining whether to require, or requiring, persons to make payments under section 23 of the Immigration and Asylum Act 2026 (power to require payments from recipients of asylum support) or collecting such payments;
(7)Any amount required to be paid under section 23 that has not been paid by the time it is required to be paid may be recovered as a debt due to the Secretary of State.
(8)The Secretary of State may by regulations make provision that is consequential on section 23 or this section.
Amends UK Borders Act 2007, section 40 — Supply of Revenue and Customs information
UK Borders Act 2007 — section 40
(1) Her Majesty's Revenue and Customs (HMRC) and the Crown Prosecution Service (the CPS) may each supply the Secretary of State with information for use for the purpose of—
(a) administering immigration control under the Immigration Acts;
(b) preventing, detecting, investigating or prosecuting offences under those Acts;
(c) determining whether to impose, or imposing, penalties or charges under Part 2 of the Immigration and Asylum Act 1999 (c. 33) (carriers' liability);
(d) determining whether to impose, or imposing, penalties under section 15 of the Immigration, Asylum and Nationality Act 2006 (c. 13) (restrictions on employment);
(e) providing facilities, or arranging for the provision of facilities, for the accommodation of persons under section 4 of the Immigration and Asylum Act 1999;
(f) providing support for asylum-seekers and their dependants under Part 6 of that Act;
(fa) determining whether to require, or requiring, persons to make payments under section 23 of the Immigration and Asylum Act 2026 (power to require payments from recipients of asylum support) or collecting such payments;
(g) determining whether an applicant for naturalisation under the British Nationality Act 1981 (c. 61) is of good character;
(h) determining whether, for the purposes of an application referred to in section 41A of the British Nationality Act 1981, the person for whose registration the application is made is of good character;
(ha) determining whether, for the purposes of an application under section 1 of the Hong Kong (War Wives and Widows) Act 1996, the woman for whose registration the application is made is of good character;
(hb) determining whether, for the purposes of an application under section 1 of the British Nationality (Hong Kong) Act 1997 for the registration of an adult or young person within the meaning of subsection (5A) of that section, the person is of good character;
(i) determining whether to make an order in respect of a person under section 40 of the British Nationality Act 1981 (deprivation of citizenship);
(j) doing anything else in connection with the exercise of immigration and nationality functions.
(2) This section applies to a document or article which comes into the possession of, or is discovered by, HMRC or the CPS, or a person acting on behalf of HMRC or the CPS, as it applies to information.
(3) The Secretary of State—
(a) may retain for a purpose within subsection (1) a document or article supplied by virtue of subsection (2);
(b) may dispose of a document or article supplied by virtue of subsection (2).
(4) In subsection (1) “immigration and nationality functions” means functions exercisable by virtue of—
(a) the Immigration Acts,
(b) the British Nationality Act 1981 (c. 61),
(c) the Hong Kong Act 1985 (c. 15),
(d) the Hong Kong (War Wives and Widows) Act 1996 (c. 41), or
(e) the British Nationality (Hong Kong) Act 1997 (c. 20).
(4A) Subsections (1) and (2) are subject to subsection (4B).
(4B) In relation to the CPS, this section applies to—
(a) information held by the CPS in connection with a Revenue and Customs function of the Director of Public Prosecutions;
(b) a document or article which comes into the possession of, or is discovered by, the CPS, or a person acting on behalf of the CPS, in the exercise of a Revenue and Customs function of the Director of Public Prosecutions.
(4C) In subsection (4B) “Revenue and Customs function of the Director of Public Prosecutions” means—
(a) a function of the Director of Public Prosecutions under section 3(2)(ab), (bb) or (ee) of the Prosecution of Offences Act 1985, or
(b) a function of the Director of Public Prosecutions under the Proceeds of Crime Act 2002 that relates to a function of the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs.
(5) A power conferred by this section on HMRC or the CPS may be exercised on behalf of HMRC or the CPS by a person who is authorised (generally or specifically) for the purpose.
(5A) Nothing in this section affects any power to supply information apart from this section.
(6) The following provisions (which relate to the supply of information to the Secretary of State) shall cease to have effect—
(a) section 20(1)(d) of the Immigration and Asylum Act 1999 (c. 33),
(b) section 130 of the Nationality, Immigration and Asylum Act 2002 (c. 41), and
(c) paragraphs 17 and 20 of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (c. 11).
About the provision this changes
Cases citing s.40: 2 — Augustina Afi Dzineku-Liggison, R (on the application of) v The Secretary of State for the Home Department [2020] UKUT 222 (IAC); Balajigari v The Secretary of State for the Home Department [2019] EWCA Civ 673
Explanatory Notes · published by the Government with the Bill
196. Subsection (1) provides that regulations made under section 23(4)(a) may include provision for the amount a person is required to pay to be calculated by reference to whether they received dependant support, among other factors. This makes clear that the presence of dependants may be taken into account when determining the amount to be repaid.
197. Subsection (2) sets out when a person is to be treated as having received dependant support. It provides that this applies where the person applied for asylum support for both themselves and a dependant, and both the person and the dependant received that support.
198. Subsection (3) defines “dependant” for the purposes of subsection (2). It clarifies that the meaning of dependant differs depending on the type of asylum support received, by reference to the relevant definitions in the Immigration and Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002.
199. Subsection (4) allows regulations made under section 23(4)(e) to provide for His Majesty’s Revenue and Customs (HMRC) to collect amounts payable under clause 23.
200. Subsection (5) allows HMRC to undertake preparatory activity, including incurring expenditure, in anticipation of functions that may be conferred by regulations under section 23(4)(e), before those regulations come into force.
201. Subsection (6) amends section 40 of the UK Borders Act 2007 to permit HMRC information to be shared for the purpose of determining liability for, and requiring, payments under section clause 23.
202. Subsection (7) provides that unpaid amounts due under section clause 23 may be recovered as a debt owed to the Secretary of State.
203. Subsection (8) enables the Secretary of State to make regulations containing provision that is consequential on clause 23 or this clause.
Amendments tabled 4, including 1 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 22, line 14, leave out Clause 24
No explanatory statement was published with this amendment.
Anna Turley, Minister of State (Home Office) Adds words
Not yet debated
Explanatory statement · what it would do, in the words of the Government
See the explanatory statement for amendment 125.
Effect on the clause · the printed text with this amendment applied
22:40Act 2026 (power to require payments from recipients of asylum
22:41support) or collecting such payments;”.
(6A) For the purposes of section 23(4)(g) a person becomes insolvent if—
(a) in England and Wales or Northern Ireland—
(i) they are made bankrupt,
(ii) a debt relief order is made in respect of them under Part 7A of the Insolvency Act 1986 or Part 7A of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or
(iii) a voluntary arrangement takes effect in respect of them under Part 8 of that Act or Part 8 of that Order;
(b) in Scotland—
(i) their estate is sequestrated,
(ii) they grant a trust deed for creditors which becomes a protected trust deed within the meaning of the Bankruptcy (Scotland) Act 2016 (asp 21)), or
(iii) a debt payment programme is approved in relation to them under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17).
(6B) Regulations under section 23(4)(g)may, in particular, amend or modify the application of—
(a) Part 7A, 8 or 9 of the Insolvency Act 1986;
(b) Part 7A, 8 or 9 of the Insolvency (Northern Ireland) Order 1989;
(c) the Bankruptcy (Scotland) Act 2016;
(d) the Debt Arrangement and Attachment (Scotland) Act 2002.
23:1(7) Any amount required to be paid under section 23 that has not been paid by
The amendment · as tabled, addressed to the printed Bill
Clause 24, page 22, line 41, at end insert—
Show the full text (14 lines)
“(6A) For the purposes of section 23(4)(g) a person becomes insolvent if—
(a) in England and Wales or Northern Ireland—
(i) they are made bankrupt,
(ii) a debt relief order is made in respect of them under Part 7A of the Insolvency Act 1986 or Part 7A of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or
(iii) a voluntary arrangement takes effect in respect of them under Part 8 of that Act or Part 8 of that Order;
(b) in Scotland—
(i) their estate is sequestrated,
(ii) they grant a trust deed for creditors which becomes a protected trust deed within the meaning of the Bankruptcy (Scotland) Act 2016 (asp 21)), or
(iii) a debt payment programme is approved in relation to them under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17).
(6B) Regulations under section 23(4)(g)may, in particular, amend or modify the application of—
(a) Part 7A, 8 or 9 of the Insolvency Act 1986;
(b) Part 7A, 8 or 9 of the Insolvency (Northern Ireland) Order 1989;
(c) the Bankruptcy (Scotland) Act 2016;
(d) the Debt Arrangement and Attachment (Scotland) Act 2002.”
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 set out circumstances in which the liability for making payments for asylum support received would cease to apply: the death of the person; the person turning 65; the person being permanently unfit for work; the tenth anniversary of the person stopping receiving asylum support.
Effect on the clause · the printed text with this amendment applied
23:2the time it is required to be paid may be recovered as a debt due to the
23:3Secretary of State.
(7A) The Secretary of State must cancel the liability of any person to make payments required under section 23 when one of the following occurs—
(a) the person dies;
(b) the person receives a disability-related benefit and because of the disability is permanently unfit for work;
(c) the person reaches the age of 65; or
(d) the tenth anniversary of the date on which the person stopped receiving asylum support (as defined in section 23(2)).
23:4(8) The Secretary of State may by regulations make provision that is consequential
The amendment · as tabled, addressed to the printed Bill
Clause 24, page 23, line 3, at end insert—
Show the full text (5 lines)
“(7A) The Secretary of State must cancel the liability of any person to make payments required under section 23 when one of the following occurs—
(a) the person dies;
(b) the person receives a disability-related benefit and because of the disability is permanently unfit for work;
(c) the person reaches the age of 65; or
(d) the tenth anniversary of the date on which the person stopped receiving asylum support (as defined in section 23(2)).”
Amendment 141
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 mean that any sums that a person has been required to repay towards asylum support and has not paid may be taken into account when deciding applications to enter or remain in the United Kingdom, including for settlement.
Effect on the clause · the printed text with this amendment applied
23:2the time it is required to be paid may be recovered as a debt due to the
23:3Secretary of State.
(7A) In deciding an application for entry clearance, leave to enter or leave to remain in the United Kingdom (including indefinite leave to remain), the Secretary of State may take into account any amount that a person has been required to pay under section 23 and has not paid.
(7B) Nothing in subsection (7A) applies to an amount which, by virtue of regulations made under section 23(4) in accordance with section 23(5), the person was not required to pay.
23:4(8) The Secretary of State may by regulations make provision that is consequential
The amendment · as tabled, addressed to the printed Bill
Clause 24, page 23, line 3, at end insert—
“(7A) In deciding an application for entry clearance, leave to enter or leave to remain in the United Kingdom (including indefinite leave to remain), the Secretary of State may take into account any amount that a person has been required to pay under section 23 and has not paid.
(7B) Nothing in subsection (7A) applies to an amount which, by virtue of regulations made under section 23(4) in accordance with section 23(5), the person was not required to pay.”