How support is given

An asylum seeker may apply for support and accommodation, or, if s/he has the option of staying with friends or relatives, for support only (also called subsistence-only support).

Subsistence

UKBA provides subsistence support equivalent to around 70 per cent of current income support levels (100 per cent for those under 16 years of age).

The basic weekly entitlements from April 2008 are:

ARC based payments

Before the interim support tokens run out, asylum applicants should receive a letter from Sodexho telling them that they can now access their cash entitlement using their ARC. This letter should give the address of the post office they should to go to. Cardholders should present themselves at the specified post office with their ARC, which will be checked and payment verified and issued in cash. If the payment cannot be verified, applicants will be informed and given a receipt with a refusal code and a Sodexho helpline number, which they should call. If the designated post office is not easy to get to, it may be possible to change it to another one. This can be done by calling the Sodexho helpline on 01276 687 099.

Initial accommodation

Destitute asylum seekers in need of somewhere to stay will be housed in full-board temporary accommodation while their application for support is being processed. This is referred to as initial accommodation (formerly emergency accommodation or EA), which includes induction centres and accommodation booked by members of the Asylum Support Partnership. Initially, the Home Office was expected to take between seven and ten days to make a decision on a support application although it sometimes takes longer.

During their stay in initial accommodation, applicants do not receive any cash or support tokens. Accommodation providers are contracted by UKBA to meet the basic food and hygiene needs of their residents. Conditions in initial accommodation vary from one site to another and provisions can often be inadequate. Residents whose basic needs are not met by their housing providers should inform their local OSS where they may also be provided with additional emergency provisions such as food, nappies and sanitary products.

Dispersal

Destitute asylum seekers who need subsistence and accommodation provided by UKBA are housed in regions throughout the UK (not in London and the South East unless they have special reasons to be there, for example, to receive essential medical treatment or ongoing treatment from the Medical Foundation or Helen Bamber Foundation). Asylum seekers who have children undertaking final exams may also be allowed to stay in London at the discretion of UKBA. This is where the applicant will stay until his/her asylum application is decided.

UKBA will send applicants who qualify for asylum support a letter giving details of the location of their long-term accommodation and details of travel arrangements from their initial accommodation.

Interim support tokens

As part of their dispersal pack, applicants will also receive interim support tokens (ISTs) worth £90. These tokens are to cover subsistence costs until long-term payments commence. ISTs are credit card sized tokens valued at a fixed amount. ISTs can be redeemed at any ARC enlivened post office. If an asylum seeker receives an overpayment, this will be deducted once their ARC based payment facility is activated.

Emergency support tokens

Emergency support tokens (ESTs) are issued to applicants who lose their ARCs although they are not issued automatically. Asylum seekers who are entitled to and need ESTs should apply for them by writing to the appropriate UKBA office eg their case owner and attaching a police report . Unlike the vouchers they replaced, ESTs can be issued for any amount of money with information stored on a chip in the credit card sized token. This allows them to be issued for the exact amount due to the asylum seeker and removes the need for multiple tokens. ESTs should be dispatched within 24 hours of being requested and will normally be delivered to the applicant’s address. For this reason it is very important that the applicant is at home to receive his/her tokens and has his/her ARC and/or UKBA letter.

Dispersal accommodation

Dispersal accommodation is offered on a ‘no choice’ basis and applicants are only given one accommodation option. However, if the applicant wishes to be dispersed to a particular area, it is worth noting this on the NASS1 form as UKBA might take it into account. Applicants may not appeal against the location of their designated accommodation but could obtain legal advice about the possibility of a judicial review if they consider their accommodation to be inappropriate.

UKBA should take account of the following factors before it allocates dispersal accommodation to an asylum seeker:

• Medical treatment
• Special needs
• Family ties
• Education
• Ethnic group
• Religion
• Legal advice
• Language
• Children’s welfare (e.g. education)

In practice, UKBA is likely to take these factors into account but disperse anyway. Strong reasons are needed to avoid dispersal, such as having a medical condition that can only be treated in a certain area, attending a course of Medical Foundation appointments (or other appointments which must not be interrupted), or having a child in his/her final GCSE school year.

If it seems an asylum seeker has a compelling reason not to move, then a letter should be sent to UKBA with reasons and supporting evidence. Another approach is that if an adult has care needs, then a referral should be made to Social Services for a community care assessment. If Social Services has a duty to provide support, the family will stay in the original area.

Accommodation may be provided by the local authority, a registered social landlord (RSL) or a private landlord. UKBA accommodation should meet certain basic quality and safety standards which are detailed within the contract between UKBA and the accommodation provider. If applicants have a problem with their designated accommodation, they should ask the provider to sort it out and if it doesn’t work they should contact their local one stop service or call or write to UKBA directly. They may also get legal advice about the possibility of judicial review. If there are serious health and safety concerns, then they should contact the local council’s Environmental Health Service.

Failure to travel

UKBA policy states that people who fail to travel without providing a ‘reasonable excuse’ will have their support discontinued and will be evicted from initial accommodation. If someone is too ill to travel and has a doctor’s sick note to this effect, or if they have been accepted for treatment by the Medical Foundation or Helen Bamber Foundation , then UKBA asylum support should usually accept this as a reasonable excuse with the relevant proof.

Asylum seekers who are considered by UKBA to have failed to travel without a reasonable excuse should be sent a letter by UKBA advising them that they no longer have permission to remain in their initial accommodation, that they will be required to leave in no less than two working days (in the case of singles and childless couples) or five working days (in the case of families with dependent children) but that the offer of support in the dispersal area remains open. There is no right of appeal to the Asylum Support Tribunal against this decision.

Policy Bulletin 17 and Policy Bulletin 57 provide guidance for case owners on failure to travel.

Change of circumstances

While on asylum support, asylum seekers must inform UKBA of any changes in their circumstances, such as wanting to switch from subsistence only support to both or vice versa, finding or losing employment, marriage, separation, children leaving school or home, an extra person joining their household, pregnancy, hospital admission, or turning 25. A full list of conditions was published in the Asylum Support Regulations as amended (SI 2000, No. 704). This can be viewed here.

Turning 25

When applicants turn 25 while waiting for a decision on their asylum application, they will be eligible for a higher rate of UKBA subsistence support. To ensure full payment is received on time, applicants should inform UKBA in advance of their 25th birthday and send proof to this effect.

Switching to subsistence-only support

If asylum applicants receiving the full support package decide they would like to move out of UKBA accommodation to live with a friend or family, UKBA will need to be informed. However, under Home Office policy relating to Section 55, all adults without a child who are switching from the full support package to subsistence-only support will be required to attend a Section 55 interview and may have their support withdrawn.

Policy Bulletin 69 explains how to transfer from accommodation and subsistence to subsistence only support.

Switching to full support

An asylum applicant who was previously living with friends or family may no longer be able to do so and will therefore need UKBA accommodation. In this situation, applicants can advise UKBA in writing of their change of circumstances and their request for accommodation. UKBA will allow someone in this situation into initial accommodation if circumstances make it impossible for the person to remain where they are. One stop services can help with this. Initial Accommodation providers will also seek authorisation from UKBA before allowing the asylum seeker into IA.

Policy Bulletin 73 discusses admission into initial accommodation in detail. This bulletin also explains how to apply to go into UKBA accommodation after receiving subsistence support only.

Joined by another family member

Sometimes UKBA supported families are joined by additional family members later on in the process. This may be because they arrived in the country and applied for asylum later than the rest of their family, perhaps having been separated en route to the UK or in the country of origin.

When a new asylum seeker joins an applicant or family already supported by UKBA s/he can be included in the first applicant’s or family’s support application. The family should write to UKBA informing it of the new arrival and include copies of the new applicant’s immigration papers. When a new asylum seeker joins an asylum seeker who is in receipt of benefits or local authority support as their partner or dependent, s/he can be added to the claim as a dependant.

When an asylum seeker joins a non-asylum seeker in receipt of benefits, s/he cannot be added to the benefits claim. This is called a ‘mixed household’. The situation can be complicated and they may need to take legal advice. S/he should apply to UKBA which will take the level of the co-habitant’s benefit into account and provide top-up payments as appropriate, and may need to provide accommodation for the whole family.

Policy Bulletin 11 addresses issues of mixed households and Policy Bulletin 4 addresses how to approach partners’ income.

Hospital admissions

UKBA-supported asylum seekers required to spend extended periods in hospital are entitled to subsistence support at a reduced rate during their stay. If they need hospital treatment for seven days or more, their support is reduced to £10 cash per week, regardless of age. This may also have an impact on amounts due to other members of a household.

The partner of a patient will have his or her subsistence payments adjusted from a couple’s to a single person’s payment. A partner with children will move on to single parent payments while the partner is in hospital. Family members can collect payments for their relatives in hospital. Single people in hospital may be able to authorise for a member of hospital staff to collect payments from the post office.

Exceptional circumstances

When additional needs arise out of exceptional circumstances, it may be possible to claim an ‘exceptional payment’ from UKBA. This can be done by writing to UKBA explaining what the additional income is intended for and how the applicant has coped without adequate support until that time. An example is where the household’s clothes are damaged in a fire or a family member needs a special diet due to illness.

Maternity provision

Maternity pack

New mothers who give birth or are about to give birth while in initial accommodation will receive a ‘maternity pack’ consisting of baby goods or relevant retail vouchers up to the value of £50. One stop services or wraparound services may chose to issue cash which can be reclaimed from UKBA

Maternity payment

A single one-off payment of £300 may be provided to asylum seekers on UKBA asylum support to help with the costs arising from the birth of a new baby. This is known as a maternity payment. The payment is made using the ARC-based system, emergency support tokens (EST) or interim support tokens (IST) for applicants still in initial accommodation.

Payment should be made to the value of £300 per child, or if not yet born, per child due, so if twins are due, £600 will be paid. Applicants cannot exchange them for cash and must spend them before the expiry date. This is generally around four weeks after they are issued.

Either one of the parents must lodge the application in writing. The application time frame is very short - either within one month before the estimated date of delivery (EDD) or within two weeks after the birth of the child.

UKBA will also accept applications from supported parents whose baby was born before they arrived in the UK, as long as the child is less than three months old. Applications should include either medical evidence confirming the EDD or a birth certificate for the child.

Policy Bulletin 37 contains UKBA instructions for caseworkers dealing with applications for maternity payments.

Milk allowance

All UKBA supported children under the age of three and women who are pregnant are entitled to additional payments similar to the milk token system available to people on income support. An additional £5 a week is available for babies under the age of one year. Pregnant women and children between one and three years are entitled to an additional £3 on top of their basic subsistence payments.

Please note: In order to ensure regular support payments are received for a new family member,
the original full birth certificate of the new-born baby must be sent to UKBA.

UKBA support after an asylum decision

Positive asylum decision

When UKBA supported asylum applicants receive a positive decision on their asylum application, UKBA will discontinue support after four weeks.

UKBA confirms this by issuing a NASS 35 form (unless the asylum applicant receives a positive decision while s/he is still in initial accommodation or before his/her support entitlements have been determined). Successful asylum applicants need to take the NASS 35 form to Jobcentre Plus when applying for welfare benefits. If they do not get a NASS 35 form, they need to request Jobcentre Plus staff to get one from UKBA for them. If that doesn’t work they should ask their local one stop service for help. They also need to take their Home Office decision letter with them.

Applicants may have been given a national insurance number (sometimes referred to as a ‘Nino’) during their asylum claim. If so, this will speed up their benefit claim. If not, they will need to apply for a national insurance number and take identification and any documents with proof of address to a national insurance interview. This can be arranged at a Jobcentre Plus. If there is a delay in the number being issued, they may be able to apply for a crisis loan or should get advice at a local advice agency.

Negative asylum decision

When UKBA supported asylum seekers receive a negative decision on their asylum application, UKBA will stop their support after 21 days. However, if they have a dependent child under 18 living as part of the household, the whole family continue to receive support until the child reaches 18.

If an applicant lodges an appeal against the negative decision, provided it is made in good time (within 10 or 5 working days, depending on whether it is a fast track appeal), UKBA support will continue beyond the 21 day grace period until the Asylum and Immigration Tribunal (AIT) refuses leave to appeal or the appeal itself is refused. A failed asylum seeker may have a right to Section 4 support (see below). Where UKBA has not received confirmation of an appeal being lodged from the central UKBA database, it will accept a letter from the AIT confirming the application for appeal was made in good time.

For people who do not lodge an appeal within the time limit and consequently have their support withdrawn, it may be worth making an appeal to the Asylum Support Tribunal.

See Appealing to the Asylum Support Tribunal.

Hard cases support

Under Section 4 of the Immigration and Asylum Act 1999, UKBA administers a basic support scheme for refused asylum seekers known as ‘hard cases’ or Section 4 support. Criteria for eligibility are:

• The applicant is no longer an asylum seeker and his or her claim is refused and S/he has received UKBA (formerly NASS) or local authority support (under the interim arrangement set out in 1999) and S/he is destitute and has no other source of support such as family members, friends or any other provisions.
• The applicant will also have to agree to leave the UK, or must be unable to travel. This may be because the applicant is pregnant, or very ill, or may be pursuing a judicial review. Support is provided in the form of self-catering accommodation with vouchers to purchase food and essential toiletries. In some exceptional cases, UKBA may provide full-board accommodation. Further details and an application form can be downloaded on UKBA’s site.

Maternity provision for section 4 clients

A single one-off payment of £250 is available to pregnant clients in receipt of section 4 support. In addition, they are entitled to: essential travel expenses; birth certificate cost; phone card; weekly allowance for pregnant women and those with children under 3; clothing for children, and exceptional needs with supporting evidence. Eligible clients should go to their nearest one stop service for assistance with applications for these benefits.

See Asylum decision for more information about support after a positive or negative asylum decision.

Section 4 Support Additional Vouchers

Extra vouchers are available for people receiving Section 4 support who may require further services and facilities that are above and beyond those which can be provided in the form of ordinary section 4 assistance. Below are the different types of additional services and facilities.

Travel

Facilities for travel may be extended to a person on section 4 for two reasons, provided the journey is not less than 3 miles, or less than 3 miles where the supported person has a dependent child under the age of five.

• To receive healthcare treatment (include evidence of the appointment in the application); or
• To register a birth.

Birth certificates

• To pay the cost of getting a full birth certificate.

Telephone calls and letters

To pay the cost of telephone calls and postage/stationery to:

• doctors/medical care
• a lawyer qualified to provide immigration advice
• a court or tribunal
• a One Stop Service
• a Citizen’s Advice Bureau
• a local authority
• an immigration officer; or
• the Home Office (UKBA)

Pregnant women and new mothers

• Supported pregnant women and new mothers may apply for a one-off supply of vouchers to the value of £250 (for each new child). Eligible persons can apply for this less than 8 weeks before the expected date of birth or less than 6 weeks after the child is born.

Additional weekly vouchers

• A pregnant woman who is supported under section 4 may apply for additional vouchers to the value of £3 per week for the duration of the pregnancy. The application must be from the pregnant woman regardless of whether she is the main applicant or a dependant.
• Children supported under section 4 are eligible to receive vouchers to the value of £5 per week per child until his/her first birthday. Thereafter, he/she is eligible to receive vouchers to the value of £3 per week per child until his/her third birthday. These vouchers are intended to be used to purchase healthy food on behalf of the child.
• Additional voucher of £5 per week per child for the provision of clothing until their 16th birthday.

Exceptional specific needs

If there is an exceptional need for travel, telephone, postage/stationery or essential living needs, which is not covered by the above, people can apply and must include evidence.

In order to secure additional vouchers, supported persons must fill in an Additional Services or Facilities Application Form, which can be downloaded from the Home Office website.

You can also download a leaflet with further details on additional vouchersfrom the Refugee Council’s multilingual website.