Domestic Abuse Bill — New Clause 22 — Immigration — Victims of Domestic Abuse — Right to Rent — Access to Benefits — 6 Jul 2020 at 21:00

The majority of MPs voted against enabling victims of domestic abuse to access benefits and rent and rent a home irrespective of their immigration status.

MPs were considering the Domestic Abuse Bill.^[1]

The proposed new clause rejected in this vote was titled: Recourse to public funds for domestic abuse survivors and began:

• (1) The Immigration Acts are amended as follows.
• (2) In section 115 of the Immigration and Asylum Act 1999 after subsection (10) insert—
• “(11) This section does not apply to a person who is a victim of domestic abuse in the United Kingdom who provides evidence in one or more of the forms set out in section [Recourse to public funds for domestic abuse survivors] of the Domestic Abuse Act 2020.”
• (3) In paragraph 2(1) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 after sub-paragraph (b) insert—
• “(ba) to a person who is a victim of domestic abuse in the United Kingdom who provides evidence in one or more of the forms set out in section [Recourse to public funds for domestic abuse survivors] of the Domestic Abuse Act 2020, or”.
• (4) In section 21 of the Immigration Act 2014 at the end of subsection (3) insert “or if P is a victim of domestic abuse”.
• (5) In section 3 of the Immigration Act 1971 after subsection (1) insert—
• “(1A) The Secretary of State may not make or maintain a condition under subsection (1)(c)(ii) on leave granted to a victim of domestic abuse in the United Kingdom who provides evidence in one or more of the forms set out in section [Recourse to public funds for domestic abuse survivors] of the Domestic Abuse Act 2020; and it is not a breach of the immigration laws or rules for such a victim to have recourse to public funds.”
• (6) For the purposes of this section, evidence that a person is a victim of domestic abuse may consist of one or more of the following—
• (a) a relevant conviction, police caution or protection notice;
• (b) a relevant court order (including without notice, ex parte, interim or final orders), including a non-molestation undertaking or order, occupation order, domestic abuse protection order, forced marriage protection order or other protective injunction;
• (c) evidence of relevant criminal proceedings for an offence concerning domestic violence or a police report confirming attendance at an incident resulting from domestic abuse;
• (d) evidence that a victim has been referred to a multi-agency risk assessment conference;
• (e) a finding of fact in the family courts of domestic abuse;
• (f) a medical report from a doctor at a UK hospital confirming injuries or a condition consistent with being a victim of domestic abuse;
• (g) a letter from a General Medical Council registered general practitioner confirming that he or she is satisfied on the basis of an examination that a person had injuries or a condition consistent with those of a victim of domestic abuse;
• (h) an undertaking given to a court by the alleged perpetrator of domestic abuse that he or she will not approach the applicant who is the victim of the abuse;
• (i) a letter from a social services department confirming its involvement in providing services to a person in respect of allegations of domestic abuse;
• (j) a letter of support or a report from a domestic abuse support organisation; or
• (k) other evidence of domestic abuse, including from a counsellor, midwife, school, witness or the victim.
• (7) For the purposes of this section—
• “domestic abuse” has the same meaning as in section 1 of the Domestic Abuse Act 2020;
• “victim” includes the dependent child of a person who is a victim of domestic abuse.
• (8) Within 12 months of this Act being passed, the Secretary of State must commission a review into the operation of the provisions in this section.
• (9) The Secretary of State must lay before Parliament a report setting out the findings of the review.”

An explanatory statement from the proposer of the rejected new clause stated:

• This new clause seeks to ensure that certain provisions under the Immigration Acts – including exclusion from public funds, certain types of support and assistance and the right to rent – do not apply to survivors of domestic abuse. There will be a review into the operation of this provision.

It appears this proposed new clause was intended to operate with other amendments.

• [1] Parliament's webpage on the Domestic Abuse Bill, Parliament.uk

Debate in Parliament |