HC Deb 07 November 2002 vol 392 cc831-2W
Bob Spink

To ask the Secretary of State for the Home Department what his policies are on the use by illegal immigrants of(a) the UK's benefits systems, (b) the NHS and (c) the education system. [78588]

Beverley Hughes

The Immigration and Asylum Act 1999 ensures that only those people who have the right to settle in the United Kingdom should have access to social security benefits. The Act excludes from, 3 April 2000, all persons subject to immigration control from income related and other non-contributory benefits. Instead asylum seekers are supported while the National Asylum Support Service (NASS) determines their case.

There remains, however, a stock of existing asylum seekers whose cases date from before 3 April 2000. They and a few other excepted groups still receive social security benefits.

Persons with no status to remain in the United Kingdom who are not seeking asylum are entitled neither to social security benefits nor NASS support.

A person who has made a formal application for permission to take refuge in the United Kingdom, or who has been granted refuge, is fully entitled to National Health Service (NHS) treatment without charge.

People who are not ordinarily resident in the United Kingdom are subject to the National Health Service (Charges to Overseas Visitors) Regulations 1989, as amended. These regulations make people who are not specifically exempt liable for the cost of most types of hospital treatment other than that given in Accident and Emergency departments or some types of treatment which are necessary to safeguard wider public health.

All children in this country, regardless of their immigration status, are entitled to receive education.

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