In order to qualify for schedule 10 support, the person must be able to show that they meet all of the following requirements:
- They are on immigration bail.
- They have a bail condition requiring them to live at a specified address and/or need accommodation to be able to comply with this.
- There are exceptional circumstances why support is needed
Exceptional circumstances
A person will have 'exceptional circumstances' for needing support if one of the following three grounds applies to them:
- A grant of bail by the Special Immigration Appeals Commission (SIAC) that includes a residence condition
- The person (if an offender) being assessed as being at high risk of causing harm
- When accommodation is necessary to avoid the person suffering a breach of human rights (inhuman or degrading treatment) due to their situation of destitution
A person without lawful status who is living in the community may be able qualify for schedule 10 support if they can show that accommodation is necessary to avoid a breach of human rights due to their situation of destitution. They would need to show that:
- They are not eligible for any other support, including Home Office asylum support and support from their council for people with social care needs
- They do not have adequate accommodation or the means of obtaining it
- They have a pending immigration application or appeal, or there is another legal or practical barrier that is preventing them from returning to their country of origin, such as a physical impediment or medical condition
People on immigration bail who cannot apply
Schedule 10 support is not available to a person who is seeking asylum or has become appeal rights exhausted following an unsuccessful asylum claim, as they may be able to access section 95 asylum support or section 4 asylum support, respectively.
However, the following people who have previously claimed asylum but are seeking to reopen their claim may be able to apply for schedule 10 support as they will not usually be eligible for section 4 asylum support:
- A person with a withdrawn asylum application
- A former Unaccompanied Asylum Seeking Child who was refused asylum before they turned 18 when they no longer qualify for leaving care support from their council (usually after they reach 21 years old)
Schedule 10 support is not available to families, who instead would need to find out if they can be supported by children's social care at their local council under section 17 of the Children Act 1989.
