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Statutory Instruments

2007 No. 3627

immigration

The Immigration and Asylum (Provision of Services or Facilities) Regulations 2007

Made

20th December 2007

Laid before Parliament

10th January 2008

Coming into force

31st January 2008

The Secretary of State, in exercise of the powers conferred by sections 4(10) and (11) of the Immigration and Asylum Act 1999(1), makes the following Regulations:

Citation and commencementI1

1. These Regulations may be cited as the Immigration and Asylum (Provision of Services or Facilities) Regulations 2007 and shall come into force on 31st January 2008.

InterpretationI2

2. In these Regulations—

the 1999 Act ” means the Immigration and Asylum Act 1999 ;

ante-natal eligible period ” means the period from [F1 eleven weeks F1] before the expected date of birth to the date of birth;

child ” means an individual who is less than 18 years old;

destitute ” is to be construed in accordance with section 95(3) of the 1999 Act( 2 );

full birth certificate ” means a birth certificate issued in the United Kingdom, which specifies the names of the child’s parents;

immigration officer ” means a person appointed as an immigration officer under paragraph 1(1) of Schedule 2 to the Immigration Act 1971 ( 3 );

F2 maternity payment ” means a payment ... made by the Secretary of State to a person supported under section 95( 4 ) or section 98 of the 1999 Act to help with the costs arising from the birth of a child;

mother ” means a woman who is a supported person and who has provided evidence to satisfy the Secretary of State that she has given birth to a child;

post-natal eligible period ” means the period from the date of the birth to [F3 six months F3] after the birth;

pregnant woman ” means a woman who is a supported person who has provided evidence to satisfy the Secretary of State that she is pregnant;

provider ” means a person providing facilities for the accommodation of persons by arrangement with the Secretary of State under section 4 of the 1999 Act( 5 );

qualified person ” has the same meaning as in section 84(2) of the 1999 Act( 6 );

qualifying journey ” means where—

(a)

a single journey of a distance of not less than three miles; or

(b)

where there is a specified need, a single journey of a distance of less than three miles;

specified need ” means where—

(a)

the supported person is unable or virtually unable to walk a distance of up to three miles by reason of a physical impediment or for some other reason; or

(b)

the supported person has one or more child dependants—

(i)

aged under five; or

(ii)

who are unable or virtually unable to walk a distance of up to three miles by reason of a physical impediment or for some other reason;

supported person ” means a person who is being provided with accommodation under section 4 of the 1999 Act and who is destitute; and

voluntary sector partner ” means an organisation funded by the Secretary of State to deliver aspects of asylum support services.

TravelI3

3.—(1) The Secretary of State may supply, or arrange for the supply of, facilities for travel for a qualifying journey to a supported person to—

(a)receive healthcare treatment, provided that the supported person has provided evidence that the qualifying journey is necessary; or

(b)register a birth.

(2) Subject to paragraph (3), if the Secretary of State supplies, or arranges for the supply of, facilities for travel for a qualifying journey to a supported person under paragraph (1) then, if necessary, the Secretary of State may also supply, or arrange for the supply of, facilities for travel for that qualifying journey to—

(a)one or more dependants of that supported person; and

(b)in the case of a supported person who is a child

(i)a parent or guardian of that supported person or a person who for the time being takes parental responsibility for that supported person; and

(ii)if the parent, guardian or person who for the time being takes parental responsibility for that supported person himself has dependants then one or more of his dependants.

(3) The Secretary of State may only supply, or arrange for the supply of, facilities for travel under paragraph (2) to persons who are supported persons.

Birth certificatesI4

4. The Secretary of State may arrange for the provision to a supported person of his child’s full birth certificate.

Telephone calls and lettersI5

5.—(1) The Secretary of State may supply, or arrange for the supply of, facilities to make telephone calls—

(a)regarding medical treatment or care,

(b)to a qualified person,

(c)to a court or tribunal,

(d)to a voluntary sector partner,

(e)to a citizens advice bureau,

(f)to a local authority,

(g)to an immigration officer, or

(h)to the Secretary of State,

to a supported person aged 18 or over.

(2) The Secretary of State may supply, or arrange for the supply of, stationery and postage for correspondence—

(a)regarding medical treatment or care,

(b)to a qualified person,

(c)to a court or tribunal,

(d)to a voluntary sector partner,

(e)to a citizens advice bureau,

(f)to a local authority,

(g)to an immigration officer, or

(h)to the Secretary of State,

to a supported person aged 18 or over.

One-off supply of vouchers for pregnant women and new mothersI6

6.—(1) During the ante-natal eligible period, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for goods to the value of [F4£300F4] in respect of each expected child to a pregnant woman.

(2) In a case where such support has not been provided under paragraph (1), during the post-natal eligible period, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for goods to the value of [F4£300F4] in respect of each new born child to a mother.

(3) Paragraphs (1) and (2) shall not apply if a maternity payment has been made in respect of the child in question.

Additional weekly vouchers for pregnant women and children under [F5fourF5] I7

7.—(1) For the duration of the pregnancy, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for goods or services to the value of [F6£5.25F6] per week to a pregnant woman.

(2) Until the first birthday of a child who is a supported person, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for goods or services to the value of [F7£9.50F7] per week to him.

(3) From the day after the first birthday of a child who is a supported person, until the [F8fourth birthdayF8] , on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for goods or services to the value of [F9£5.25F9] per week to him.

Additional weekly vouchers for clothing for childrenI8

8. Until the sixteenth birthday of a child who is a supported person, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for clothing to the value of £5 per week to him.

Exceptional specific needsI9

9.—(1) If the Secretary of State is satisfied that a supported person has an exceptional need for:

(a)facilities for travel,

(b)facilities to make telephone calls,

(c)stationery and postage, or

(d)essential living needs,

she may provide for that need, notwithstanding that the conditions for the supply of those services or facilities referred to respectively in regulations 3, 5, and 6 are not satisfied.

(2) In determining what are or are not to be treated as essential living needs, the Secretary of State shall have regard to regulations made under section 95(7) of the 1999 Act.

Liam Byrne

Minister of State

Home Office

20th December 2007

(1)

1999 c.33. Section 4(10) was inserted by section 43(7) of the Immigration, Asylum and Nationality Act 2006 (c.13).

(2)

Section 95(3) is substituted by section 95(2) and (3) of the 1999 Act, inserted by section 44(6) of the Nationality, Immigration and Asylum Act 2002 (c.41) which is not yet in force.

(4)

Section 95(2) to (8) is substituted by section 95(2) to (7) of the 1999 Act, inserted by section 44(6) of the Nationality, Immigration and Asylum Act 2002 which is not yet in force. Section 95(9A) was inserted by section 50(1) of the Nationality, Immigration and Asylum Act 2002.

(5)

Section 4(2) to (4) were added by section 49(1) of the Nationality, Immigration and Asylum Act 2002. Section 4(5) to (9) were added by section 10(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19). Section 4(10) and (11) were added by section 43(7) of the Immigration, Asylum and Nationality Ac t 2006.

(6)

Section 84(2) is substituted by section 84(2), inserted by section 37(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.

Status: There are currently no known outstanding effects for The Immigration and Asylum (Provision of Services or Facilities) Regulations 2007.
The Immigration and Asylum (Provision of Services or Facilities) Regulations 2007 (2007/3627)
Version from: 15 January 2024

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
italics Defined term
dfn Defined term (alternative style)
gry bckgrd the in-force status of the provision is complex, check the footnotes
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Words in reg. 2 substituted (15.1.2024) by The Immigration and Asylum (Provision of Services or Facilities) (Amendment) Regulations 2023 (S.I. 2023/1373), regs. 1(2), 2(2)(a) substituted
F2 Words in reg. 2 omitted (15.1.2024) by virtue of The Immigration and Asylum (Provision of Services or Facilities) (Amendment) Regulations 2023 (S.I. 2023/1373), regs. 1(2), 2(2)(b) omitted
F3 Words in reg. 2 substituted (15.1.2024) by The Immigration and Asylum (Provision of Services or Facilities) (Amendment) Regulations 2023 (S.I. 2023/1373), regs. 1(2), 2(2)(c) substituted
F4 Sum in reg. 6 substituted (15.1.2024) by The Immigration and Asylum (Provision of Services or Facilities) (Amendment) Regulations 2023 (S.I. 2023/1373), regs. 1(2), 2(3) substituted
F5 Word in reg. 7 heading substituted (15.1.2024) by The Immigration and Asylum (Provision of Services or Facilities) (Amendment) Regulations 2023 (S.I. 2023/1373), regs. 1(2), 2(4)(a) substituted
F6 Sum in reg. 7(1) substituted (15.1.2024) by The Immigration and Asylum (Provision of Services or Facilities) (Amendment) Regulations 2023 (S.I. 2023/1373), regs. 1(2), 2(4)(b) substituted
F7 Sum in reg. 7(2) substituted (15.1.2024) by The Immigration and Asylum (Provision of Services or Facilities) (Amendment) Regulations 2023 (S.I. 2023/1373), regs. 1(2), 2(4)(c) substituted
F8 Words in reg. 7(3) substituted (15.1.2024) by The Immigration and Asylum (Provision of Services or Facilities) (Amendment) Regulations 2023 (S.I. 2023/1373), regs. 1(2), 2(4)(d)(i) substituted
F9 Sum in reg. 7(3) substituted (15.1.2024) by The Immigration and Asylum (Provision of Services or Facilities) (Amendment) Regulations 2023 (S.I. 2023/1373), regs. 1(2), 2(4)(d)(ii) substituted
I1 Reg. 1 in force at 31.1.2008, see reg. 1
I2 Reg. 2 in force at 31.1.2008, see reg. 1
I3 Reg. 3 in force at 31.1.2008, see reg. 1
I4 Reg. 4 in force at 31.1.2008, see reg. 1
I5 Reg. 5 in force at 31.1.2008, see reg. 1
I6 Reg. 6 in force at 31.1.2008, see reg. 1
I7 Reg. 7 in force at 31.1.2008, see reg. 1
I8 Reg. 8 in force at 31.1.2008, see reg. 1
I9 Reg. 9 in force at 31.1.2008, see reg. 1
Defined Term Section/Article ID Scope of Application
ante-natal eligible period reg. 2. def_d258298817
child reg. 2. def_d04ecba170
destitute reg. 2. def_613e22682e
full birth certificate reg. 2. def_e9657f26db
immigration officer reg. 2. def_832bc6d937
maternity payment reg. 2. def_3f5b2b3cf2
mother reg. 2. def_8ed57ef5bf
post-natal eligible period reg. 2. def_7a24ce7bb5
pregnant woman reg. 2. def_aea38a8c89
provider reg. 2. def_f6160690d1
qualified person reg. 2. def_e7cb260261
qualifying journey reg. 2. def_9205b03aeb
specified need reg. 2. def_8161642148
supported person reg. 2. def_cc1b59257d
the 1999 Act reg. 2. def_3a6519da7b
voluntary sector partner reg. 2. def_9a34ca0ec9

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