Asylum Support (Prescribed Period) Bill [HL]

A Bill to introduce a minimum period of 56 days after an asylum claim is determined before an asylum claim is considered to be determined for the purposes of ending asylum support; to make provision about the serving of documentation relevant to the ending of asylum support following an asylum determination; and connected purposes.


This is the latest version of the Bill

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6 Sep 2024
Lords: Committee
HL Bill 25 (as introduced)
(6 amendments)

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Page 1

 
1
Prescribed period under section 94(3) of the Immigration and Asylum Act
 

1999

 
 
(1)
The Asylum Support Regulations 2000 (S.I. 2000/704) are amended as follows.
 
 
(2)
In regulation 2(2) (interpretation) for “28” substitute “56”.
 
 
(3)
Subject to subsection (4) , this Act does not prevent the Secretary of State from
5
 
exercising the powers conferred by the Immigration and Asylum Act 1999 to
 
 
prescribe by regulations a different period for the purposes of section 94(3)
 
 
(day on which a claim for asylum is determined) of that Act.
 
 
(4)
The Secretary of State may not prescribe a period less than 56 days where
 
 
regulation 2(2A) of the Asylum Support Regulations 2000 (S.I. 2000/704)
10
 
applies.
 
 
2
Notification of termination of Asylum Support after asylum claim is
 

determined

 
 
In section 94 of the Immigration and Asylum Act 1999, at the end of subsection
 
 
(8) insert “and include the date on which the claimant ceases to be a supported
15
 
person.”
 
3
Notice to quit after asylum claim is determined
 
 
(1)
The Asylum Support Regulations 2000 (S.I. 2000/704) are amended as follows.
 

Page 2

 
(2)
For regulation 22(3)(b) substitute—
 
 
“(3)(b)
in a case where the Secretary of State has notified his
 
 
decision on the relevant claim for asylum to the claimant,
 
 
specifies as the notice period a period at least as long as
 
 
the period prescribed under section 94(3) of the
5
 
Immigration and Asylum Act 1999.”
 
4
Extent, commencement and short title
 
 
(1)
Any amendment made by this Act has the same extent as the provision
 
 
amended.
 
 
(2)
This section comes into force on the day on which this Act is passed.
10
 
(3)
Sections 1 , 2 and 3 come into force at the end of the period of three months
 
 
after the day on which this Act is passed.
 
 
(4)
This Act may be cited as the Asylum Support (Prescribed Period) Act 2024.
 
Amendments
Opposition Amendment

Tabled: 11 Jun 2025
HL Bill 25-I Marshalled list for Committee

This amendment was STOOD PART

The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.

Type: Opposition

Signatures: 2

Lord Jamieson (Con - Life peer) - 11 Jun 2025
Opposition Whip (Lords)

Lord Davies of Gower (Con - Life peer) - 11 Jun 2025
Shadow Minister (Home Office)

Member's explanatory statement

This seeks to prevent the introduction of a minimum 56-day period in which asylum support must be maintained.

Sponsor Amendment 1

Tabled: 20 Mar 2025
HL Bill 25 Running list of amendments - 20 March 2025

This amendment was WITHDRAWN

After Clause 1, insert the following new Clause—
“Issuing of biometric residence document
(1) Section 94 of the Immigration and Asylum Act 1999 (Interpretation of Part VI) is amended as follows.
(2) At the end of subsection (3), insert “, subject to subsection (3A)”.
(3) After subsection (3) insert—
“(3A) Where—
(a) the Secretary of State notifies the claimant that his decision is to accept the asylum claim,
(b) the Secretary of State notifies the claimant that his decision is to reject the asylum claim but at the same time notifies the claimant that he is giving the claimant limited leave to enter or remain in the United Kingdom, or
(c) an appeal by the claimant against the Secretary of State’s decision has been disposed of by being allowed,
then the period prescribed under subsection (3) may not begin until the claimant has access to a relevant biometric immigration document.
(3B) for the purposes of subsection (3A), a relevant biometric immigration document is a document that—
(a) records biometric information (as defined in section 15(1A) of the UK Borders Act 2007); and
(b) is evidence of leave to remain in the United Kingdom.””

Type: Backbencher

Signatures: 1

Baroness Lister of Burtersett (Lab - Life peer) - 20 Mar 2025

Member's explanatory statement

This new clause would require a newly recognised refugee to have access to a biometric residence document that can be used as proof of immigration status and identity before the start of the prescribed period between a refugee being granted refugee status and the ending of their eligibility for accommodation and financial support provided by the Home Office.

Opposition Amendment

Tabled: 11 Jun 2025
HL Bill 25-I Marshalled list for Committee

This amendment was STOOD PART

The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.

Type: Opposition

Signatures: 2

Lord Jamieson (Con - Life peer) - 11 Jun 2025
Opposition Whip (Lords)

Lord Davies of Gower (Con - Life peer) - 11 Jun 2025
Shadow Minister (Home Office)

Member's explanatory statement

Alongside the opposition to Clause 1 standing part, this seeks to prevent the introduction of a minimum 56 day period in which asylum support must be maintained.

Opposition Amendment 2

Tabled: 11 Jun 2025
HL Bill 25-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 4, page 2, line 10, leave out subsections (2) and (3)

Type: Opposition

Signatures: 2

Lord Jamieson (Con - Life peer) - 11 Jun 2025
Opposition Whip (Lords)

Lord Davies of Gower (Con - Life peer) - 11 Jun 2025
Shadow Minister (Home Office)

Member's explanatory statement

This amendment seeks to prevent the provisions set out in this Bill from coming into force.

Sponsor Amendment 3

Tabled: 20 Mar 2025
HL Bill 25 Running list of amendments - 20 March 2025

This amendment was NOT MOVED

Clause 4, page 2, line 10, at end insert—
“(2A) Section 1 comes into force on such a day as the Secretary of State appoints by regulation.
(2B) The day appointed under subsection (2A) may not be before the completion of any trial period during which section 1(2) would have had effect.
(2C) A statutory instrument containing regulations under subsection (2A) is subject to annulment in pursuance of a resolution of either House of Parliament.”

Type: Backbencher

Signatures: 1

Baroness Lister of Burtersett (Lab - Life peer) - 20 Mar 2025

Member's explanatory statement

This amendment would enable the Secretary of State to determine when the extension of the prescribed period from 28 to 56 days as set out in clause 1 would come into force. It would require any trial of the extension, such as the one currently underway, to be completed prior to commencement of clause 1.

Sponsor Amendment 4

Tabled: 20 Mar 2025
HL Bill 25 Running list of amendments - 20 March 2025

This amendment was NOT MOVED

Clause 4, page 2, line 11, leave out “1,”

Type: Backbencher

Signatures: 1

Baroness Lister of Burtersett (Lab - Life peer) - 20 Mar 2025

Member's explanatory statement

This amendment is consequential on the amendment above.