OpenLegislation

Section 186 Asylum-seekers and their dependants.C1C2

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An asylum-seeker, or a dependant of an asylum-seeker who is not by virtue of section 185 a person from abroad who is ineligible for housing assistance, is not eligible for assistance under this Part if he has any accommodation in the United Kingdom, however temporary, available for his occupation.

(2)

For the purposes of this section a person who makes a claim for asylum—

(a)

becomes an asylum-seeker at the time when his claim is recorded by the Secretary of State as having been made, and

(b)

ceases to be an asylum-seeker at the time when his claim is recorded by the Secretary of State as having been finally determined or abandoned.

(3)

For the purposes of this section a person—

(a)

becomes a dependant of an asylum-seeker at the time when he is recorded by the Secretary of State as being a dependant of the asylum-seeker, and

(b)

ceases to be a dependant of an asylum-seeker at the time when the person whose dependant he is ceases to be an asylum-seeker or, if it is earlier, at the time when he is recorded by the Secretary of State as ceasing to be a dependant of the asylum-seeker.

(4)

In relation to an asylum-seeker, “dependant” means a person—

(a)

who is his spouse or a child of his under the age of eighteen, and

(b)

who has neither a right of abode in the United Kingdom nor indefinite leave under the M1Immigration Act 1971 to enter or remain in the United Kingdom.

(5)

In this section a “claim for asylum” means a claim made by a person that it would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention for him to be removed from, or required to leave, the United Kingdom.

Annotations

Marginal citations

M1

1971 c. 77.

Modifications

C1

Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

C2

Savings for effects of 1999 c. 33, ss. 117(5), 169(3), 170(4), Sch. 16 (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 2 para. 2; S.I. 2015/1272 (with art. 5)

Notes on Part VII

Textual amendments

F1

Words in Pt. VII title inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 4; S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

Modifications

C1

Pt. VII (ss. 175-218) modified (20.1.1997) by S.I. 1996/3205, art. 3, Sch.2

Pt. VII (ss. 175-218) applied (with modifications) (temp.) (6.12.1999) by S.I. 1999/3126, arts.2, 7

Pt. VII (ss. 175-218): power to apply (with modifications) (transitional provision) (11.11.1999) by 1999 c. 33, s. 169(2), Sch. 15 para. 13