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  1. 1. Introduction
  2. 2. Section 95 support
  3. 3. Section 98 emergency support
  4. 4. Section 4 support
  5. 5. How to apply for support
  6. 6. What happens if support is refused
  7. 7. When Home Office support ends

Introduction

The Home Office provides support to people who would otherwise be destitute whilst they await the resolution of their asylum claim:

  • Accommodation and financial support (subsistence) is provided to a person awaiting a decision on their asylum claim under section 95 of the Immigration and Asylum Act (IAA).
  • Whilst the Home Office determines eligibility for section 95 asylum support, emergency accommodation may be provided under section 98 IAA.
  • In exceptional cases, for those already receiving asylum support, additional support can be provided under section 96 IAA.
  • In some cases, people whose asylum claim has been refused and become appeal rights exhausted (ARE) can be supported under section 4 IAA.
  • Families with a child under 18 will remain on section 95 support if they become Appeal Rights Exhausted (ARE) following an unsuccessful asylum claim.

Asylum support is also available to a person who has made an Article 3 human rights claim.

If a person’s asylum claim is declared inadmissible their rights to asylum support will be the same as for those who are ARE following an unsuccessful asylum claim. They will not be eligible for section 95 support but may qualify for section 4 support.

In the majority of cases, the Home Office will be responsible for providing accommodation and subsistence to people who have claimed asylum and are destitute. Instances when people seeking asylum and those who have exhausted their appeal rights may be provided with accommodation and financial support by their local council instead of the Home Office are outlined in our information about social services’ support for families, and social services’ support for adults.

If you are currently seeking asylum in the UK and are in need of further support or advocacy you can see our information on help for people seeking asylum.

For further information about asylum support please see the Home Office information, Asylum Support Appeals Project factsheets and the Right to Remain asylum support toolkit.

Next Section 95 support

Immigration terms

Asylum seeker

A person who has made a claim to the UK government for protection (asylum) under the United Nations Refugee Convention 1951 and is waiting for a decision from the Home Office or final decision from the appeal courts (following a refusal).
Appeal rights exhausted (ARE)

The status of a person whose asylum or immigration claim has been refused when they have come to the end of the appeal process without success or have no further right of appeal.