Unaccompanied asylum-seeking children (UASC)
Most children who arrive in the UK seeking asylum without a parent or guardian, make an application to the Home Office, and are granted discretionary leave for three years or until they are 17 and a half years old, whichever comes first. They then can make an application for this leave to be extended, and as long as they do this before their original leave has expired, they will usually have access to public funds, which includes entitlement to welfare benefits, whilst they are awaiting a decision from the Home Office.
Asylum seeking young people within the leaving care service will have equal access to financial support from the leaving care service and all former UASC at 18 will be considered former relevant when turning 18 unless they have not sent the prerequisite time in care, or they have left care for more than 6 months prior to that date. Depending on their immigration status, they may have differing entitlements to public funds which could affect their entitlement to claim welfare benefits and to accessing education related funding.
Young people who are entitled to support after they turn 18 include:
- young people who have not had a decision on their initial asylum application when they turn 18 (an issue that usually affects those who have arrived within two months of their 18th birthday)
- young people who have an outstanding appeal against an outright refusal of asylum upon turning 18
- over 18 former UASC's who have humanitarian or refugee status are also entitled to leaving care support from UK visas and immigration as well as housing benefits and income support or job seekers.
If a young person does not have status and no decision has been made about their asylum claim, but they turn 18, then the local authority retains the duty to support young people with accommodation and living allowance until young people can access public funds. Ordinarily young people continue to live in supported living until they receive their decision, however, if they need to move on from pre-arranged accommodation then a rent gap request must be made to cover rental cost at a rate of no more than £160 per week. Requests for additional top up funds or a rent gap should be made to the corporate parenting manager.
Request for additional top up funds should be made to Corporate Parenting Manger
Once there has been a decision by the Home Office in respect of the young person's application for leave to remain in the UK then their status in the UK will change, and so may their entitlement to financial support by the local authority.
It is imperative that the local authority and leaving care service are up-to-date with any Home Office decisions and so the process of the application with the Home Office should be checked prior to every review being held. In most cases, this will be before a pathway plan review.
As from 1 April 2019, once a young person who is over 18 becomes all rights exhausted.
They will be given notice that any financial support from the local authority will cease after 12 weeks, and a human rights assessment should be completed as quickly as possible.
Should the young person have a further appeal granted by the Home Office, then funding will resume until the appeal has been heard. In matters where people secure a further claim, staff should secure written confirmation of this before recommencing support.
If the decision on their asylum claim is negative, then their right to access to public funds ceases at that point. For those young people who are refused asylum and have exhausted all their appeal rights, their entitlement to public funds, including welfare benefits, also ends.
Leaving care staff will work in partnership with the UK Border Agency and the National Asylum Support Service to provide financial support to these young people whilst they are waiting for instructions and assistance in leaving the country.
At the point of being determined ARE, information, advice and guidance support is also withdrawn and is only reinstated if a fresh claim is accepted, or at the discretion of the Corporate Parenting Manager.
A young person who is ARE may apply for section 4 support provided by central government. This would apply to former UASCs who are over 18 and have had their asylum claims rejected by the Home Office, but only if they are destitute; and satisfy one or more of the conditions set out below:
- the person is taking all reasonable steps to leave the UK or place themselves in a position in which they are able to leave the UK. This could include complying with attempts to obtain a travel document to facilitate departure
- the person is unable to leave the UK by reason of a physical impediment to travel or for some other medical reason
- 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
- the person has made an application for judicial review of a decision in relation to their asylum claim and been granted permission or leave to proceed
- 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.