11.01.2013 Views

legal and social conditions for asylum seekers and refugees in ...

legal and social conditions for asylum seekers and refugees in ...

legal and social conditions for asylum seekers and refugees in ...

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

way of pay<strong>in</strong>g <strong>for</strong> accommodation. Asylum <strong>seekers</strong> who can stay with friends or relatives are free<br />

to do so.<br />

If a person applies to NASS <strong>for</strong> accommodation, he/she will stay <strong>in</strong> emergency hous<strong>in</strong>g <strong>for</strong> up to<br />

seven days while the application <strong>for</strong> accommodation is considered. Voluntary sector agencies<br />

act<strong>in</strong>g as “Reception Assistants” will help <strong>asylum</strong> <strong>seekers</strong> to fill out the NASS application <strong>and</strong> to<br />

f<strong>in</strong>d emergency accommodation. NGOs that are act<strong>in</strong>g as Reception Assistants <strong>in</strong>clude the<br />

Refugee Council, Scottish Refugee Council, Refugee Action, Migrant Helpl<strong>in</strong>e <strong>and</strong> Refugee<br />

Arrivals Project <strong>and</strong> the Welsh Refugee Council.<br />

NASS accommodation is located all around the UK. Due to the hous<strong>in</strong>g shortage <strong>in</strong> the<br />

Southeast, <strong>asylum</strong> <strong>seekers</strong> who apply <strong>for</strong> accommodation <strong>in</strong> this region are likely to be sent<br />

elsewhere <strong>in</strong> Engl<strong>and</strong>, Scotl<strong>and</strong> or Wales. NASS consider factors such as special health needs<br />

<strong>and</strong> the location of close relatives, but it makes only one offer of accommodation. If an <strong>asylum</strong><br />

seeker does not take up that offer, no alternative hous<strong>in</strong>g is offered.<br />

Asylum <strong>seekers</strong> from countries that have ratified either the Council of Europe Social Charter<br />

(CESC) or the European Convention on Social <strong>and</strong> Medical Assistance (ECSMA) are not subject<br />

to the new scheme <strong>and</strong> will cont<strong>in</strong>ue to be entitled to hous<strong>in</strong>g benefit, provided that they have<br />

entered the country <strong>legal</strong>ly (i.e. as a student or visitor).<br />

F<strong>in</strong>ancial assistance<br />

Until 3 April 2000 port applicants who had no <strong>in</strong>come or capital were eligible to claim <strong>in</strong>come<br />

support at 90% of the rate available to UK claimants. The actual amount depended on age <strong>and</strong><br />

size of the household. Examples of the 1999/00 monthly rate are:<br />

S<strong>in</strong>gle adult aged 18-24 GBP 162 EUR 278<br />

Couple with child aged 5 GBP 493 EUR 847<br />

Income support was means-tested. An <strong>asylum</strong> seeker who met the <strong>conditions</strong> of entitlement had<br />

a <strong>legal</strong> right to receive benefit at the set rate. An appeal could be lodged with the appellate<br />

authorities if <strong>in</strong>come support was arbitrarily refused or reduced. In practice, accord<strong>in</strong>g to refugeeassist<strong>in</strong>g<br />

NGOs, some <strong>asylum</strong> <strong>seekers</strong> experienced significant difficulties <strong>in</strong> receiv<strong>in</strong>g benefit to<br />

which they had an entitlement.<br />

Up to 2 April port applicants could also claim hous<strong>in</strong>g benefit (cover<strong>in</strong>g hous<strong>in</strong>g expenses, but not<br />

fuel or water charges) <strong>and</strong> council tax benefit (cover<strong>in</strong>g local services tax). These were paid at<br />

the same rate as <strong>for</strong> British claimants, but the actual amount varied accord<strong>in</strong>g to: the age of the<br />

recipient (benefit was paid at a special rate <strong>for</strong> accommodation which was not self-conta<strong>in</strong>ed, <strong>for</strong><br />

under 25 years old), the size <strong>and</strong> make-up of the family, the “market rate” <strong>for</strong> accommodation <strong>in</strong><br />

the locality, the vulnerability of the recipient or his/her family <strong>and</strong> the amount of the rent.<br />

Asylum <strong>seekers</strong> who were eligible <strong>for</strong> the above benefits could also apply <strong>for</strong> grants <strong>and</strong> loans <strong>for</strong><br />

other needs such as furniture, cloth<strong>in</strong>g or household items. These payments were discretionary<br />

<strong>and</strong>, accord<strong>in</strong>g to refugee assist<strong>in</strong>g NGOs, <strong>in</strong> practice were rarely given.<br />

Up to 2 April <strong>in</strong>-country applicants were supported by local authorities. They could be given a<br />

mixture of vouchers, food parcels, but only a limited amount of cash (a maximum of GBP 10<br />

[EUR 17] per person per week).<br />

S<strong>in</strong>ce 3 April 2000, <strong>asylum</strong> <strong>seekers</strong> who have entered the new scheme (see “Accommodation”<br />

above) are not able to claim welfare benefits. New applicants who need f<strong>in</strong>ancial assistance must<br />

apply to the National Asylum Support Service. NASS may grant support if the <strong>asylum</strong> seeker<br />

“appears likely to become destitute with<strong>in</strong> 14 days”, but no actual amounts are given. The<br />

315<br />

United K<strong>in</strong>gdom

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!