Joint Committee On Human Rights Tenth Report


Asylum seekers' entitlement to accommodation and support

Home Office

Recently arrived asylum seekers - full board emergency accommodation (under section 98 Immigration and Asylum Act 1999).

Adult asylum seekers (including families) awaiting a decision on their asylum claim - either cash only or accommodation outside London and cash (under section 95 Immigration and Asylum Act 1999). Support ends when asylum appeal refused or when child reaches 18 (if later).

Refused asylum seekers who are unable to leave the UK and meet specific criteria - vouchers (£35/week) and accommodation with strict conditions (under section 4 Immigration and Asylum Act 1999).

Social Services

Unaccompanied asylum seekers aged under 18 - foster care or hostels or cash and private rented accommodation (under section 20 Children Act).

Asylum seekers 'in need of care and attention' - accommodation and support in kind (under section 21 National Assistance Act 1948). Refused asylum seekers with care needs only qualify if they applied for asylum on arrival in the UK or have an outstanding fresh human rights/asylum claim.

No support

Asylum seekers who have just arrived in the UK and have not yet claimed asylum in person (unless they have a child or care needs).

Asylum seekers whom the Home Office considers did not claim asylum 'as soon as reasonably practicable', unless they can prove the lack of support would breach their human rights.

Refused asylum seekers who have no new asylum/human rights claim and cannot meet the strict conditions for section 4 support.

Refused asylum seekers with a child where the Home Office has certified under 'section 9' that they have not left the UK voluntarily.

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