ASYLUM DESTITUTION SUPPORT NETWORK

Newsletter October 2007

Introduction
Apologies for there been a gap in contact from Destitution Network - a combination of staff changes, workload pressures and IT glitches has meant that the Network has not been able to be as active as it had hoped. The problem of destitution has however not gone away and we have been working behind the scenes to plan a series of activities and campaigns over the coming months. This newsletter updates you on some of what has been happening. We will be having an open network meeting on Friday November 23^rd 2.00pm at PAIH (more details below), so if you want to contribute to the work of Destitution Network please come along and help us out.

Some of the recent publicity includes:

http://www.sundayherald.com/news/heraldnews/display.var.1758646.0.0.php

http://news.independent.co.uk/uk/this_britain/article3084346.ece

http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/6221704.stm

Destitution Network - November Meeting
You are invited to our next open meeting : Friday 23^rd November 2.00pm - 4.00pm at Positive Action in Housing offices, 98 West George Street, Glasgow. The meeting will include an update as to the general destitution situation and review the work and priorities of the destitution network. A full agenda will be circulated nearer the time.

Welcome Update
In 2003 Camcorder Guerillas made a pioneering film WELCOME highlighting the problems of destitution amongst Glasgow’s asylum seekers. The film was released on VHS format only. Funding has been secured to update the film and release it on DVD format, along with a campaign toolkit. Work has started on this and we hope the DVD and toolkit will be ready some time in December. Once released it will be an excellent tool for highlighting the issue of destitution and spreading the word about the plight of some of the most vulnerable members of our community. In the New Year we then hope to train a number of destitution network members who can go out in the community to give talks on destitution.

Church Action on Poverty Destitution conference
Church Action on Poverty have been at the forefront of the campaign against destitution - running a high profile Living Ghosts campaign. As part of their work they are organising a series of destitution seminars across the UK. We are finalising the details of an event to be held in Glasgow and will let you know more soon.

Impact of New Asylum Model/Legacy Cases
Delays in accessing benefits, tax credits and NI numbers has lead to an increase in people experiencing destitution when they are granted status - often going for several months with little or no means of support. We would be interested to hear your experiences on this and ideas as to what could be done to improve things. Email us info@destitution.net with your ideas and experiences.

Ongoing concerns re delays in Section 4/Angel properties
Many asylum seekers experience destitution when waiting for Section 4 payments to be processed. One of the providers of S4 accommodation - the Angel Group, continue to receive very mixed feedback - some asylum seekers being very happy with their Angel flats, others being little better off than when they were sleeping rough. One property we visited recently had no heating for 2-3 months and despite complaints being made Angel staff did not take it seriously. This is a problem often raised at meetings, but little action being taken to progress. Again please email us info@destitution.net to share your ideas or experiences.

Mailing List - subscriptions

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Sleep-out at John’s Episcopal Church, Princes Street, Edinburgh as part of the  Still Human Still Here campaign.

The Refugee Council have linked up with Amnesty International UK and Church Action on Poverty to arrange a series of sleep-outs across Britain at the end of June – in support of the Still Human Still Here campaign. We have planned this series of actions in the wake of Refugee Week to bring home to people the fact that refugees who contribute so much to our country also need our help.

This sleep-out in Edinburgh, organised by Amnesty St Mark’s group, will raise awareness locally and be an excellent way of targeting local media and politicians.

If you would like to come and spend the night or show your support for a few hours, please get in touch with Pat Bryden so she knows to expect you.
Telephone: 0131 332 3163
Email: patbryden@yahoo.co.uk

Positive Action in Housing is organising a sleepout in George Square, Glasgow City centre on Thursday 21 June 2007 from 8.00 pm until sunrise (4:31 am) the following day.

Many people seeking asylum whose claims are turned down are unable to return home. But they are denied all state support, thrown out of their housing and are not allowed to work. They have no money for food, shelter, and the everyday things we take for granted. This misery is a direct consequence of government policy. Destitution is being used to drive people out of the country – but many thousands simply cannot leave and are now homeless and hungry.

We are encouraging our supporters and members to take part in a sleepout to highlight the plight of hundreds of people refused asylum who are being deliberately made destitute in Glasgow by government policy. This attempt to try to force people to leave this country is not working, and carries a devastating human cost.

The sleepout will be attended by members of the public, destitute asylum seekers, faith leaders, politicians and celebrities, all of whom are disgusted with the destitution policy towards asylum seekers. We expect a high turnout.

If you wish to take part, please email home@paih.org and we’ll send you more information.

If you would like to help raise money for Positive Action in Housing’s hardship fund for destitute asylum seekers, please also let me know and we will arrange to send you information.

Thanks for your support!

The Refugee Survival Trust provides grants to alleviate destitution among asylum seekers and refugees living in Scotland. Payments are made to cover travel, subsistence and on occasion, accommodation when there is no other source of support available. RST is currently supporting up to 100 asylum seekers and refugees each month, many of who are children.  RST relies on donations from the public, members and from charitable trusts to continue its work. Every penny of every donation received is directly used to provide grants.

Applicants for funding must meet RST grants criteria. This is updated regularly and can be accessed through the RST website at www.rst.org.uk.

Applicants must be within the asylum process or eligible for Section 4 support.  Applications for funding should be made through a Scottish Refugee Council One Stop Caseworker. Grants will be approved within one working day. Any applications that do not meet current grants criteria should be discussed directly with Juliet Harris at RST.

Click here for contact details of Scottish Refugee Council in Glasgow and Edinburgh

Maryhill CAB, Glasgow

Maryhill CAB provides free confidential and independent advice to all members of the community, irrespective of their immigration status.

Since 2003 Maryhill Asylum Seeker and Refugee Project has been training asylum seekers and refugees to work in the CAB as advice workers. Around 25% of all volunteers at Maryhill CAB are now from asylum seeker and refugee background. Maryhill CAB is able to offer advice to asylum seekers and refugees in up to 20 different languages.

The CAB can advise asylum seekers/refugees on benefits, debt, housing, NASS and community care issues. They can advise destitute asylum seekers on where to access humanitarian aid, how to claim Section 4, if they qualify for help under community care legislation and on how to access immigration lawyers.

Asylum seekers and refugees can attend Maryhill CAB drop in advice sessions at 1145 Maryhill Road at the following times:

Monday 10 – 1
Tuesday 10 – 3.30
Thursday 10 – 1
Friday 10 – 3.30

If an asylum seeker/refugee needs an interpreter or is particularly vulnerable then you can phone Tim or Zhila on 0141 576 5104 to arrange an appointment rather than them having to coming to the drop in.

The CAB also have outreach advice surgeries at a wide range of community venues, including at Springburn Health Centre and Rosemount Lifelong Learning. Contact the Bureau for more details.

If you know any asylum seekers or refugees interested in volunteering at the CAB email refugeeproject@maryhillcab.cabnet.org.uk or telephone 0141 576 5104.

Find out about other CAB in your area by visiting Citizens Advice Scotland Website www.cas.org.uk

Red Cross Glasgow Destitution Service

British Red Cross Refugee Unit provides material assistance to Asylum Seekers who are destitute on a one off basis through the Destitution Project Fund.

Items Provided:

• Hygiene Packs (Post Natal Kit, Female Kit, Male Kit, Mothers Kit)
• Food Vouchers
• Clothing Vouchers

Food Vouchers are provided through Scottish Refugee Council on behalf of British Red Cross in form of Sainsbury Gift Vouchers, as we encourage clients and agencies to go through SRC where more information and advice can be offered regarding clients circumstances.

Hygiene Packs or Clothing Vouchers are accessed directly through our British Red Cross office. Agencies must phone or email for a referral form.

British Red Cross
402 Sauchiehall Street
Ashfield House
Second Floor
Glasgow G2 3JD
Tel: 0141 331 4170/ Fax 0141 331 4179
Email: agutsa@redcross.org.uk

New reports show government policy forcing refused asylum-seekers into abject poverty
Amnesty international Uk press release, 07 November 2006

Refused asylum-seekers eat out of bins and sleep in parks, public toilets and phone-boxes because of government policy

The government’s policy on refused asylum-seekers does not work and is forcing thousands into abject poverty, said Amnesty International UK and Refugee Action today (7 Nov), as the organisations published new reports on conditions faced by those refused asylum and left in limbo in the UK.

The findings, contained in an Amnesty International report on London and a Refugee Action report on another nine cities, reveals the suffering caused by an inhumane and ineffective government policy that cuts off support for refused asylum-seekers. The policy, said the two organisations, is leading to a new wave of widespread destitution.

The reports note that the government is deliberately using destitution in an attempt to drive refused asylum-seekers out of the country. But the research found that, far from encouraging asylum-seekers to return to their countries of origin, destitution made return less likely. The two organisations believe it is vital that the government maintain contact with refused asylum-seekers and that financial support should continue until their cases can be resolved.

Amnesty International UK Director Kate Allen said:
‘The government’s policy on refused asylum-seekers is a failure on both a practical level and a humanitarian level - forcing people into complete destitution as an attempt to drive them out of the country is backfiring badly and vulnerable people are suffering.

‘Refused asylum-seekers in our towns and cities are being reduced to penniless poverty - forced to sleep in parks, public toilets and phone-boxes, to go without vital medicines even after suffering torture, and to relying on the charity of friends or drop-in shelters to survive.

Refugee Action’s Chief Executive Sandy Buchan said:
‘There exists in Britain a new and growing excluded class of people who have no contact with the authorities, no access to work or mainstream support services, and little prospect of their situation being resolved.

‘As a policy for dealing with refused asylum-seekers, destitution simply is not working. Driving people onto the streets makes return even less likely. This policy is causing enormous suffering to vulnerable people and does nothing to enhance public confidence in the system.’

While shelter and food vouchers are available to those who satisfy criteria for so-called ‘hard case’ support (1) - one of the conditions for this is that refused asylum-seekers must enter into agreements to return ‘voluntarily’, even if their country of origin may not be safe. Many refused asylum-seekers are fearful of such agreements, not least as they are from countries - such as Iraq or Somalia - torn apart by conflict or where human rights abuses are rife. Moreover, in practice it is extremely difficult to forcibly remove people to countries where there are serious safety concerns, difficulties in obtaining travel documents or where there is no functioning airport.

In the first in-depth survey of destitution among this asylum group, Amnesty International and Refugee Action interviewed scores of destitute people, but with large numbers of refused asylum-seekers presently in the UK for various reasons, there are concerns that thousands may be living lives of extreme hardship. Some people who spoke to Amnesty International and Refugee Action have been destitute for over five years.

Many of those interviewed spoke of their ‘desperation’ and the absolute ‘hopelessness’ of their situation. One case highlighted in the reports is that of a 49-year-old Iraqi Kurdish man living in a caravan provided by a church. The caravan has no sanitary facilities. The man, a refused asylum-seeker whose support was cut off in October 2005, survives on food provided by the same church.

The research also interviewed Abdullah, a 26-year-old man who fled Darfur, Western Sudan, where ethnic cleansing by Arab militia forces has claimed the lives of more than 200,000 people. He was denied asylum by the Home Office who insisted that he could safely return to Khartoum, against the recommendations of the UN, and despite evidence of returnees being tortured and detained by security services there. To survive, Abdullah has relied on help from churches and friends, and has endured periods of rough sleeping.

Currently destitute refused asylum-seekers are only able to access hospital medical care for emergency treatment or any treatment they were receiving during their asylum process, and they are legally unable to work. Under the present system financial support and accommodation for asylum-seekers is currently cut off 21 days after a final claim for asylum has been refused. The only statutory support then available - so-called ‘hard case’ support - makes vouchers and hostel accommodation available only to those who satisfy certain criteria - and even when it is forthcoming, support is often months late.

Instead, Refugee Action and Amnesty International stressed that the government should maintain contact with refused asylum-seekers and that financial support and accommodation should continue until their case is resolved. For those who cannot be removed within six months, temporary, renewable ‘leave to remain’ should be granted so that they can contribute to society and the economy. In some cases - where there is no realistic prospect of removal from the outset - this should be done earlier. The agencies are also urging the government to explore practical solutions to tackle the backlog of destitute refused asylum seekers, estimated at up to 283,500.

Sandy Buchan added:
‘We are not opposed to the return of fairly refused asylum-seekers to safe countries by safe routes. But if a person cannot be removed, a humane solution must be found that can allow people to live with some sense of dignity and purpose.’

Kate Allen added:
‘We need a more enlightened policy that would see refused asylum-seekers who cannot be returned home rescued from their current impoverished limbo and allowed to stay and contribute to British society.’

Refugee Action and Amnesty International are calling for the government to:

Ensure that refused asylum-seekers remain on the same financial support and accommodation as during the asylum process until their situation is resolved

Grant temporary, renewable permission to stay in the country that allows refused asylum-seekers, who cannot safely be returned to their countries of origin within six months, to stay in the UK, to work and to access medical care

End the long-term limbo of refused asylum-seekers still in the UK after several years, by granting them permission to stay in the country, as well as the right to work, to claim benefits and access medical care

Ensure that the government’s asylum case-workers build in anti-destitution support measures as part of the so-called ‘New Asylum Model’ where cases are managed from beginning to end

Read a copy of the reports:

Down and Out in London AIUK report (PDF, 229 KB)
The Destitution Trap Refugee Action report (PDF, 1035 KB)

Notes

(1) Financial support and accommodation for asylum-seekers is cut off 21 days after a final claim for asylum has been refused. Section 4 ‘hard case’ support makes vouchers and hostel accommodation available to those who meet one or more specific criteria. These include signing up for the government’s Voluntary Assisted Return and Reintegration Programme (VAARP), having a serious medical reason preventing immediate departure from the UK, or there being no voluntary travel route back to their country. At the end of June 2006, 6,145 applicants were in receipt of Section 4 support. The remainder of the refused asylum-seeking population is destitute. The National Audit Office recently estimated the backlog of refused asylum-seekers at between 155,000 and 283,500..

Wednesday 15th November 1.30pm - 4.00pm
Asylum Destitution Support Network
Pearce Institute, Govan Road, Govan

Refused Asylum Seekers with Care Needs
A participatory workshop, open to all. With presentations from Glasgow City Council Social Services, and Maryhill Citizens Advice Refugee and Asylum project.

• mental health
• physical disability
• families with children
• vulnerable adults
• HIV/AIDS

Can destitute asylum seekers qualify for social services help?
What does the law say? What is happening in practice?
Can we improve support services for vulnerable people at the end of the asylum process?

PDF of presentation on community care for destitute asylum seekers from Tim Cowen:
TCowen Presentation - destitution and community care

Church Action on Poverty launched a campaign in June 2005 to change the Government policies that make people seeking asylum destitute. From their website you can read their statement which has been signed by over 50 church leaders, lobby your MP to support an Early Day Motion to end asylum destitution, download a campaign resource pack, and read about campaigning initiatives across the country. Click here for the link on the CAP Living Ghosts website…

Section 4 of the Immigration and Asylum Act 1999

Home Office Q&A Date of issue: 20 July 2006
Contents

1. Section 4: Eligibility Criteria

2. Section 4: Provision of Support

3. Section 4: Vouchers

4. Section 4: Accommodation

5. Amendment to Section 4 of the Immigration
and Asylum Act 1999

6. Section 4: Health care

7. Failed Asylum Seekers with Care Needs

8. Section 4: Iraqi Failed Asylum Seekers

9. Section 4: Zimbabwean Failed Asylum Seekers (out of date)

10. Section 4: Travel to Reporting

11. Section 4: Permission to Work

Annexes

A Provision of Maternity Services to Chargeable
Overseas Visitors (May 2005)

B Dealing with Pregnant Overseas Visitors
(January 2006)
1) Section 4: Eligibility Criteria

1. What is section 4 support?

All asylum seekers whose applications have been refused and whose appeal rights are exhausted are required to leave the UK. It is accepted that there will be some failed asylum seekers who are destitute and unable to leave the UK immediately due to circumstances beyond their control. In these circumstances the failed asylum seeker can request the provision of support under section 4 of the Immigration and Asylum Act 1999 (IAA 1999).

Families with minor dependants under 18, who were in receipt of asylum support under section 95 of the IAA 1999 at the time appeal rights were exhausted, continue to receive support in accordance with section 94(5) of the IAA 1999. Where the first minor dependant arrives after appeal rights are exhausted, support may be available under section 4.

Section 4 support is intended as a limited and temporary form of support for people who are expected to leave the UK.

2. Who is eligible to apply for section 4 accommodation?

The criteria that a failed asylum seeker must meet to be eligible to receive support under section 4 of the IAA 1999 are set out in regulation 3 of the Asylum (Provision of Accommodation to Failed Asylum Seekers) Regulations 2005. These state that the Secretary of State may provide accommodation under section 4 to a failed asylum seeker who appears to be destitute and satisfies one or more of the following conditions:

• Regulation 3(2)(a) the person is taking all reasonable steps to leave the UK, or to place themselves in a position in which they are able to leave the UK. (This includes, for example, complying with attempts to obtain a travel document to facilitate departure).
• Regulation 3(2)(b) the person is unable to leave the UK by reason of a physical impediment to travel or for some other medical reason.
• Regulation 3(2)(c) the person is unable to leave the UK because in the opinion of the Secretary of State there is currently no viable route of return available.
• Regulation 3(2)(d) the person has made an application in Scotland for judicial review of a decision in relation to his asylum claim, or, in England, Wales or Northern Ireland, has applied for such a judicial review and been granted permission to proceed.
• Regulation 3(2)(e) the provision of accommodation is necessary for the purpose of avoiding a breach of a person’s Convention rights, within the meaning of the Human Rights Act 1998.

Section 4 support can also be provided to those on temporary admission or who are released on bail. The Asylum (Provision of Accommodation to Failed Asylum Seekers) Regulations 2005 do not apply in such cases.

3. What does destitute mean?

Destitute has the same meaning as in section 95 (3), Immigration and Asylum Act, 1999. A person is destitute if

• He does not have adequate accommodation or any means of obtaining it (whether or not his other essential living needs are met): or
• He has adequate accommodation or the means of obtaining it but cannot meet his other essential living needs.

4. What happens to failed asylum seekers not supported under section 4?

The expectation is that they should return to their country of origin. If they sign up with the IOM for voluntary return they are likely to qualify for section 4 support until they return.

5. What happens if a failed asylum seeker does not choose to leave the UK voluntarily?

While the Government considers voluntary returns are preferable to enforced returns, should a failed asylum seeker not leave the UK voluntarily his/her removal will be enforced.

2) Section 4: Provision of Support

6. How are failed asylum seekers informed of the availability of section 4 support?

All failed asylum seekers in receipt of asylum support are informed of the availability of section 4 support when their section 95 support is terminated.

7. How do you apply for section 4 support?

Section 4 application forms are available from local One Stop Services (In Scotland, through the Scottish Refugee Council) or on the NASS website, where Policy Bulletin 71 on Section 4 may also be viewed. Completed application forms can be sent to S4, 9th Floor East, Whitgift Block B, 15 Wellesley Road, Croydon CR0 1AT or faxed directly to 020 8604 6908 or 020 8604 6777.

8. How is section 4 support provided?

Support is provided in the form of self-catering accommodation with vouchers to the value of £35 per week to purchase food and essential toiletries. In some cases, full-board accommodation may be provided depending on availability.

9. Why is section 4 support not provided in cash?

The legislation does not allow cash to be provided. Our policy is that this should remain the case, as section 4 support is intended as a limited and temporary form of support for people who are expected to leave the UK.

10. Is there a right of appeal if section 4 support is not granted?

There is a right of appeal to the Asylum Support Adjudicator against a refusal of section 4 support made after 31 March 2005. (The Scottish Refugee Council can help with this)

11. How many people are supported on section 4 and what are the main nationalities?

Statistics for numbers supported under section 4 may be viewed on the RDS website http://www.homeoffice.gov.uk/rds/pdfs06/asylumq405.pdf. Published figures show there were 5,435 applicants, excluding dependants, supported under section 4 at the end of March 2006. The statistics also show the breakdown of principal nationalities supported. Provision of support is dependent on meeting eligibility criteria, irrespective of nationality.

12. How do the numbers currently supported under section 4 compare to 18 months ago?

Far more failed asylum seekers are supported now than 18 months ago. In late 2004 there were less than 500 people on section 4 support. There are now over 5,000. This represents a significant increase in the number of failed asylum seekers in receipt of section 4 support.

13. What are the regulations and conditions for support under section 4?

The Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005 may be viewed on web link http://www.opsi.gov.uk/si/si2005/20050930.htm. These regulations set out the criteria for the grant of, and conditions for, continued support for failed asylum seekers.

14. Why, for those not in full-board accommodation, is section 4 support set at £35?

Section 4 support for failed asylum seekers is set at a flat rate as support is of a temporary nature. The £35 covers food and essential toiletries. It is comparable to the payments made in initial accommodation to asylum seekers not in full-board accommodation.

15. Will the level of support provided under section 4 be reviewed?

The level of support provided under section 4 is currently being reviewed, as is the position of those who have been supported for a number of months.

16. How long are failed asylum seekers entitled to receive support under section 4?

Failed asylum seekers in receipt of section 4 support will continue to be supported until the barrier to their leaving the UK, which qualifies them for section 4 support, is removed or resolved. We will periodically review cases to determine if they still qualify for section 4 support. A dedicated review team for section 4 cases is now in place. Where support is given on the basis that the person is taking all reasonable steps to leave the UK, support may end if the failed asylum seeker fails to take all reasonable steps.

3) Section 4: Vouchers

17. What types of vouchers are issued to section 4 recipients?

The vouchers issued to failed asylum seekers in receipt of section 4 support are primarily luncheon vouchers, supermarket payment cards or supermarket vouchers – which are widely used by non-asylum seekers. They are not the NASS vouchers initially issued to all NASS supported asylum seekers – and which were abolished in 2001 following concerns about their use. The vouchers are restricted to foods and essential toiletries only. Claimants cannot purchase alcohol or cigarettes with these vouchers. (in Scotland, Section 4 providers have agreed to provide whichever type of voucher or supermarket card a person asks for. If you need help with vouchers, contact Scottish Refugee Council)

18. Where are vouchers accepted?

The vouchers can be used at supermarkets and a variety of other outlets. A list of outlets where Accor Luncheon Vouchers can be used to purchase goods may be viewed on the Accor website:
http://www.luncheonvouchers.co.uk/Employee0/WhereToUse/WhereToUse.asp.

Section 4 accommodation providers have negotiated for certain shops to take vouchers to ensure dietary needs are met (e.g. the purchase of halal meat). We ensure with providers that the travel distance to shops that accept vouchers is not more than three miles from the relevant claimant’s accommodation. If the distance is further, or if a failed asylum seeker in receipt of section 4 support is unable to walk a distance of up to three miles by reason of a physical impediment or for some other medical reason, the provider may make transport arrangements, deliveries, or arrange for the claimant to be moved closer to the local supermarket. In some instances, failed asylum seekers in receipt of section 4 support elect of their own volition to travel to specific outlets, which may be further than three miles.

19. Is there a list of outlets where specialist goods may be purchased with vouchers?

A list will be provided, in July 2006, to inform failed asylum seekers in receipt of section 4 support of the outlets where specialist goods, such as halal meat, may be purchased with vouchers.

20. How are problems arising from the use of vouchers resolved?

Where practical difficulties arise with provision of support through vouchers IND works with the providers concerned to ensure solutions are found. Any individual problems should be referred at first instance to the provider, who is best placed to resolve any problems, or NASS. We are committed to quickly resolving any problems that arise and has established a mechanism for doing so within 24 hours. The helpline number for One Stop Service providers is 020 8604 6680, or e-mail section4queries@homeoffice.gsi.gov.uk.

21. Is clothing provided under section 4?

Due to the temporary nature of the support, we do not supply clothing to any person supported under section 4. Any requirement for new clothing is currently met through the service user approaching local charities. The provision in the Immigration, Asylum and Nationality Act 2006 to make regulations to provide services and facilities to failed asylum seekers supported under section 4 not connected with accommodation may enable us to meet clothing needs for babies and children.

4) Section 4: Accommodation

22. What consultation arrangements are in place for procurement of section 4 accommodation in different regions?

Section 4 accommodation providers are required to consult and liaise with local authorities and other regional stakeholders, both in respect of procurement of section 4 accommodation and ongoing use. This was made clear in a letter from the Director of the National Asylum Support Service to providers dated 26 July 2005. The letter may be viewed on the NASS website http://www.ind.homeoffice.gov.uk/6353/12358/section4accommodationprovis1.pdf. A great deal of work was undertaken in 2005 to improve the procurement arrangements for section 4 accommodation and contracts are in place with eight major providers.

23. Do local authorities provide section 4 accommodation?

Section 43 of the Immigration, Asylum and Nationality Act 2006 enables local authorities to enter into arrangements with NASS for the provision of accommodation to failed asylum seekers under section 4, alongside private providers. Details of the new provision may be viewed via the following link:
http://www.opsi.gov.uk/ACTS/acts2006/ukpga_20060013_en.pdf.

24. Are section 4 recipients accommodated in the area they lived in at the time of their application?

Section 4 accommodation will normally be arranged in the area where the applicant was living at the time of his application. However, in some cases it is necessary, due to constraints on the availability of suitable accommodation, to move applicants to another town or city. In exceptional cases failed asylum seekers supported under section 4 may be moved closer to family members. Local authorities have been provided with information on numbers and areas where they are housed.

25. Is section 4 accommodation inspected?

Housing inspections for section 4 properties have been established with NASS regional offices, in line with the arrangements for inspecting section 95 properties. Any concerns about specific properties should be reported to the NASS regional office, who will arrange for an inspection at the earliest opportunity.

26. What are the minimum standards for section 4 accommodation?

In line with s95 accommodation, these are set out in contracts with providers. The minimum standards for section 4 accommodation will be published on the NASS website during July 2006.

27. What should section 4 recipients do if the accommodation does not meet the minimum standards?

Properties where accommodation does not meet acceptable standards should be reported at first instance to the provider, who is best placed to resolve any problems and, if not resolved, to the NASS regional office, who will investigate. Appropriate action is taken when issues arise in connection with accommodation standards.

5) Amendment to Section 4 of the Immigration and Asylum Act 1999

28. What amendment did the Immigration, Asylum and Nationality Act 2006 make to section 4 of the IAA 1999?

Section 43(7) of the Immigration, Asylum and Nationality Act 2006, enables regulations to be made that will allow the provision of specified services or facilities to failed asylum seekers supported under section 4 of the IAA 1999, which are not connected with the provision of accommodation. The section 43 provision came into affect on 16 June 2006.

Examples of such services and facilities may include travel to essential medical appointments and baby clothing for new mothers. These services and facilities must be provided by means other than cash.

The Act will also enable local authorities to provide accommodation under section 4. The advantage is that the procurement of section 4 accommodation will no longer be limited to private sector providers. More choice, and the ability to use both public and private providers, will allow us to improve efficiency and cost effectiveness.

29. What is the timescale for the new regulations to meet additional needs of section 4 recipients?

The regulations have been drafted and circulated to stakeholders for consultation. The regulations are subject to the negative resolution procedure.

6) Section 4: Health Care

30. Who is entitled to access free NHS hospital treatment?

Entitlement to access free NHS hospital treatment, is based on whether someone is ordinarily resident in the UK. Persons who are deemed to be ordinarily resident in the UK are eligible for the full range of NHS services free of charge, except where statutory charges apply (e.g. prescription charges). Persons on low income, such as asylum seekers, can apply for an HC2 certificate giving exemption from statutory charges. Anyone who is not ordinarily resident, is subject to the National Health Service (Charges to Overseas Visitors) Regulations 1989 (1989 Regulations), as amended.

31. What health treatment is available for failed asylum seekers?

Failed asylum seekers are provided health treatment, which is immediately necessary, free of charge within primary care. Failed asylum seekers are not eligible to receive free NHS hospital treatment except in cases where the treatment received is exempt from charges (e.g. that given in an accident and emergency department). Under secondary care, failed asylum seekers can receive a number of services free of charge, including:

o treatment in a hospital accident and emergency department unless and until accepted as an in-patient

o treatment at a walk-in centre in respect of services similar to those at an accident and emergency department of a hospital

o the treatment of certain specific diseases e.g. TB and Malaria.

We are considering with colleagues in the Department of Health the eligibility of failed asylum seekers, who are currently unable to leave the UK, to access free primary and secondary healthcare.

32. Can treatment continue free of charge for asylum seekers whose application for asylum is unsuccessful?

In what is known as an “easement clause”, the 1989 Regulations state that anyone who has begun a course of treatment free of charge, will continue to receive it free of charge until the course finishes or they leave the country, whichever comes first. Therefore, an asylum seeker undergoing treatment (including maternity treatment) will not have that treatment withdrawn if their application for asylum is unsuccessful. New courses of treatment are chargeable for failed asylum seekers.

33. Do charges exist for maternity services?

The 1989 Regulations do not exempt maternity services from charges. However, guidance issued to all NHS Trusts makes clear that maternity care should always be considered as being immediately necessary treatment, due to the risks involved for both mother and child. This can include treatment to prevent HIV transmission from the mother to the child, where clinically appropriate. However, in view of uncertainty within the NHS on how to deal with pregnant overseas visitors, the guidance was reissued to overseas visitors’ managers on 16 May 2005, to bring it more closely to their attention (see Annex A).

34. Will maternity treatment be withheld if a failed asylum seeker is unable to pay the costs of an antenatal appointment?

Further guidance was issued on 31 January 2006 to stress that pregnant overseas visitors should not be given the impression that if they do not pay the costs of an antenatal appointment, then future maternity treatment will be withheld (see Annex B).

If immediately necessary treatment has been given, this does not mean that charges will not apply. If the patient is chargeable, the charge will stand and cannot be waived. However, whilst the Trusts should take reasonable measures, based on each individual case, to pursue overseas debt they can elect to write off the debt if it is evident that it would not be cost effective to try to recover it.

35. Can failed asylum seekers be registered as permanent patients?

Local GP practices have the discretion to register anyone as a permanent patient, regardless of immigration status. They may register a person as a temporary patient if he or she has lived in the practice area for between 24 hours and 3 months. Further, GPs have an obligation to treat anyone whose need for treatment is immediately necessary or where there is a need for emergency treatment.

7) Section 4: Failed Asylum Seekers with Care Needs

36. What support is available to failed asylum seekers with care needs?

A failed asylum seeker with care needs may be eligible for support from the local authority.

Under section 21 of the National Assistance Act 1948, (In Scotland, the relevant legislation is the Social Work (Scotland) Act 1968, and The Community Care and Health (Scotland) Act 2002) local authorities have a duty to accommodate failed asylum seekers who have a need for care and attention due to age, illness or disability and not solely because of destitution. “Accommodate” has a wide meaning and includes food etc as well as housing but does not include cash.

37. Can support for failed asylum seekers with care needs be withheld or withdrawn?

Schedule 3 of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) provides for section 21 support to be withheld or withdrawn from certain classes of persons unless support is necessary to avoid a breach of a person’s Convention rights. The classes of ineligible persons include:

• failed asylum seekers who are not co-operating with removal directions; and
• persons unlawfully in the country who are not asylum seekers.
• Failed asylum seekers who originally claimed in-country are likely to fall into the latter class but failed asylum seekers who claimed at port will not.

38. What support is available for persons previously detained under section 3 of the Mental Health Act 1983? (this legislation is England and Wales only)
Section 117 of the Mental Health Act 1983 places duties on Primary Healthcare Trusts, Health Authorities and local authorities to support persons previously detained under section 3 of that Act. Support entitlement under section 117 is not affected by Schedule 3 NIAA 2002 but the NHS (Charges to Overseas Visitors) Regulations 1989 may be relevant.

8) Section 4: Iraqi Failed Asylum Seekers

We consider it reasonable to expect individuals whose asylum claims have failed to return voluntarily. Since the air charter routes were established in August 2005, there have been over 1,000 assisted voluntary returns to Iraq from the UK, without incident, with additional returns via scheduled air routes.

39. Why were Iraqi nationals previously exempt from signing up for a voluntary return as a condition of receiving section 4 support?

In December 2004 information from the Foreign and Commonwealth Office suggested there could be concerns about the safety of the route into Iraq used to repatriate Iraqis. It was therefore agreed that it should not be made a requirement for individuals from Iraq to sign up for a voluntary return with the International Organization for Migration (IOM) as a condition of receiving section 4 support until an alternative route of return had been established. This remained the position until the end of July 2005.

40. Why are Iraqi nationals now required to sign up for a voluntary return as a condition of receiving section 4 support?

Alternative viable routes of return to Iraq have now been established. One of the eligibility criteria for receiving support under section 4 is that the person is taking all reasonable steps to leave the UK, or has placed himself in a position in which he is able to leave the UK. This includes signing up with the IOM or taking other steps to return voluntarily. (note: there is currently a legal challenge on the basis that a safe route may exist to Iraq, but not necessarily a safe route across Iraq to a person’s home town. Get legal advice)
41. When were Iraqi nationals informed of the change in eligibility criteria for support?

NASS wrote to Iraqi failed asylum seekers accommodated under section 4 between 1 September 2005 and January 2006 requiring them to comply with specified steps to facilitate their departure from the UK or to provide evidence that they satisfy one of the other eligibility criteria for section 4 support.

42. What assistance is provided for voluntary returns?

Under the Voluntary Assisted Returns and Reintegration Programme (VARRP), the IOM provide return and reintegration assistance for voluntary returnees. The reintegration assistance includes business start up, skills or vocational training, subsidised job placements or education. The standard package of reintegration assistance is normally worth £1,000, however there is currently available a special package worth £3,000. This enhanced package is available to all those who claimed asylum on or before 31 December 2005, have applied to the IOM for a voluntary return under VARRP by 31 October 2006 and have left the UK by 31 December 2006. If applicants have applied for asylum during 2006, they will be eligible for the £1,000 package of reintegration assistance. (note: actual cash payments are more likely to be around £500, according to the IOM. The rest is a possible eligiblity of “in-kind” support on return)
43. How are voluntary returns for Iraqi nationals arranged?

Iraqi returnees from the Kurdistan Regional Government area (KRG) may return by either IOM charter flights from the UK to Erbil or Sulaymaniyah, or they may return on scheduled air services from Amman in Jordan to Erbil. Iraqi returnees from Northern Iraq, who originate from outside the KRG (e.g. from Mosul or Kirkuk), may be returned via scheduled air service to Erbil, and then their return to their final destination outside of the KRG is facilitated by the IOM by taxi or coach. Iraqis from outside the Central Government Area of Iraq (not Kurdistan) may return by scheduled air services from the UK by air to Amman, and connect for flights onto Baghdad. Returnees are met at the airport by an IOM representative and are taken to the central transports hubs in Baghdad at which point they are provided with cash for them to make their own arrangement for onward domestic transportation.

44. How is re-integration assistance provided for Iraqi returnees?

The IOM have contracted agents in Erbil to deliver their re-integration services. All returnees who arrive at Erbil or Sulaymaniyah airports are met by IOM representatives who arrange the returnees’ onward domestic transportation. Once the returnees are ready, they contact the IOM representatives who will work with the returnees to decide upon and implement the most appropriate form of reintegration assistance. Those travelling to destinations outside the KRG are provided with re-integration assistance by the Amman office in Jordan. Information on re-integration assistance for Iraqi returnees is available on the websites of NASS and the IOM.

45. What happens to failed asylum seekers from Iraq who fail to take reasonable steps to leave the UK?

Cases will be reviewed to ensure that applicants remain eligible for support. For an applicant who has registered for an assisted voluntary return as a condition of support, the case will be reviewed after six months. In a case where the applicant is not considered to be participating in the Assisted Voluntary Returns programme – for example by failing to report for a flight or by failing to leave the UK within a reasonable period – support may be discontinued after full consideration of the facts. While the Government considers voluntary returns are preferable to enforced returns, should a failed asylum seeker not leave the UK voluntarily his removal will be enforced.

10) Section 4: Travel to Reporting

51. Does section 4 of the IAA 1999 cover travel expenses to reporting events?

Travel to reporting events does not come within the scope of section 4 support. Failed asylum seekers supported under section 4 who do not meet the eligibility criteria for support under section 69 of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) are expected to walk to reporting centres within three miles of their accommodation.

Where there are extenuating circumstances, e.g. late stages of pregnancy, a request can be made to the Immigration Service to vary the conditions, e.g. to reduce reporting frequency or to report to a local police station. It can be arranged for failed asylum seekers supported under section 4 to be moved closer to the reporting centre.

52. Is assistance with the cost of travel to reporting events available?

The Home Office has the power to pay travel expenses to reporting events under section 69 of the NIAA 2002.

53. Are failed asylum seekers eligible to receive section 69 support?

Section 69 support is now available to those who report to a Reporting Centre, live more than three miles away from the reporting centre and are in receipt of asylum support, including section 4 support.

54. How can section 69 support be claimed?

An application for assistance with the cost of travel must be made in person at the reporting centre. Travel expenses support is provided in the form of pre-paid travel tickets, which are issued by reporting centres during reporting events.

55. What if the eligibility criteria for section 69 support is not met?

Where a person does not satisfy the basic criteria for travelling expenses support an application for assistance may be made, based on exceptional need. Applications are made in writing and are decided centrally.

56. Is assistance available if reporting to a police station?

Following the completion of the rollout to reporting centres in July 2006, processes will be developed for the payment of travelling expenses to police stations where reporting is undertaken by Immigration Service staff and then at non-IS staffed police stations.

57. Has the prospect of remote reporting been considered?

The prospect of remote reporting using voice identification software was announced by the former Immigration Minister Tony McNulty in April 2006 and is being developed.

11) Section 4: Permission to Work

58. Are failed asylum seekers permitted to work?

The Government believes that managed migration is a valuable source of skills and labour to the British economy. However, entering the country for economic reasons is not the same as seeking asylum, and it is important to maintain the distinction between the two.

It is important that those with a claim to asylum in the UK have their applications processed as quickly as possible. Giving asylum seekers permission to work could potentially encourage asylum applications from those with no fear of persecution, hence slowing down the process of applications of actual refugees. This is why we do not generally allow asylum seekers to work while their claim for asylum is under consideration.

As we have made it clear that asylum seekers cannot work whilst their claims are considered, it would be inappropriate to allow failed asylum seekers to do so. We keep our policies on permission to work under review.

ANNEX A

The NHS (Charges to Overseas Visitors) Regulations 1989, as amended – provision of maternity services to chargeable overseas visitors

The Health Select Committee recently conducted a short inquiry into new developments in sexual health and HIV/AIDS policy. This included looking at the provision of HIV treatment for overseas visitors. In its subsequent report of 8 March 2005, the Committee recommended that guidance be reissued to the NHS on how maternity services are to be treated within the hospital charging regime. This followed evidence to the Committee from a number of voluntary organisations that some NHS trusts appeared not to be following the guidance on this issue included in the document Implementing the Overseas Visitors Hospital Charging Regulations: Guidance for NHS Trust Hospitals in England, issued in April 2004, and reprinted in October 2004.

The guidance document covers this issue on page 42 (either version), where it states that:

maternity services are not exempt from charges. However because of the severe health risks associated with conditions such as eclampsia and pre-eclampsia, maternity services should not be withheld if the woman is unable to pay in advance. The patient remains liable for charges and the debt should be pursued in the normal way.

NHS Trusts need to be clear that the effect of this is that hospital maternity services should always be considered as immediately necessary treatment because of the potential risks to mother and baby. This applies even in early pregnancy. Not to do so could be open to interpretation as being in breach of the Human Rights Act 1998. However, like any other immediately necessary treatment, if the woman is found to be liable for charges, she should be charged accordingly and whatever steps are considered reasonable taken to recover the debt if it is not paid.

As regards pregnant women who are known, or found to be HIV positive, maternity services could be taken as including HIV treatment where it is considered clinically necessary to prevent mother-to-child transmission of the condition. Whether this is appropriate will always be a matter for the clinical judgement of the treating physician, not a decision of the Overseas Visitors Manager.

May 2005

ANNEX B

DEALING WITH PREGNANT OVERSEAS VISITORS

The guidance document Implementing the Overseas Visitors Hospital Charging Regulations: Guidance for NHS Trust Hospitals in England makes clear (on p.42) that maternity services must always be treated as immediately necessary care, and be neither delayed nor withheld because the patient is a chargeable overseas visitor who may not be able to pay. This is because of the severe risks involved to both mother and child if the mother does not present for medical attention throughout her pregnancy. This guidance was reiterated in a notice issued to all Overseas Visitors Managers (OVMs) in NHS trusts in England on 16th May 2005 (attached for reference).

However, the Department of Health continues to receive regular reports that this guidance is not always being followed. We have been told of cases where women who are exempt from charges (e.g. because they are asylum seekers) have been asked to pay; where women have been refused proper care because they cannot pay in advance; and where payment has been pursued in such a way that women feel intimidated and unable to continue to receive necessary maternity care, placing themselves and their baby at increased risk.

It is entirely right that OVMs should be identifying chargeable overseas maternity patients and that such patients should be informed that they are liable to charges and all reasonable attempts made, given the individual circumstances, to recover the debt. However, OVMs are reminded that they need to be particularly sensitive to the circumstances in these cases. Women who present for maternity treatment must never be given the impression that if they cannot pay then treatment will be withheld, either there and then or at a later stage of their pregnancy. Moreover, extra care needs to be exercised to ensure that pursuing payment does not go beyond what is reasonable. Whilst the Regulations do not allow for charges to be waived, overseas debt can be written off if it is evident that it is not cost-effective to try to recover it.

OVMs are also reminded that under the “easement clause” in the Regulations, any woman who enters into maternity care free of charge, should continue to receive it on that basis, even if her residence status changes before the baby is born. Thus, asylum seekers, those whose applications, including any appeals, have failed but who began their maternity care before such a decision was reached, will continue to receive all their maternity services free of charge. Only maternity services begun after an application for asylum has been finally rejected are subject to charges but as indicated above, they must not be withheld because of doubts about the woman’s ability to pay.

January 2006