Which Unaccompanied Asylum Seeking Children (UASC) are eligible for 'Asylum Support' [1] on turning 18?
The responsibility for supporting and accommodating an unaccompanied asylum seeking child under the age of 18 always rests with a local authority Children's Services department.
'Asylum Support' is designed to assist single, adult asylum seekers and asylum seeking families who would otherwise be destitute, with accommodation and living expenses while they are awaiting the outcome of their asylum decision or appeal. Some UASC will be eligible for assistance on turning 18 but the categories of former UASC who may be assisted are very limited.
All the categories of UASC who would be eligible for Asylum Support on turning 18 are set out in Asylum Support Policy Bulletin 29 ('Transition at Age 18').
UASC falling within one of the eligible categories set out below should be helped to apply for assistance by Children's Services currently assisting or looking after them. It is recommended that the application is lodged 4-6 weeks prior to the young person's 18th birthday.
Where a UASC falls within one of the eligible categories read the linked accompanying note for important further information.
The Eligible categories:
1) The applicant has an outstanding asylum claim on reaching 18. According to UKBA there are two possible reasons why this might be the case:
a) The person made their claim for asylum two months or less before their 18th birthday - in such circumstances a decision on their asylum application will not usually be made until after they are 18. Note 1a
b) The person has been granted exceptional or discretionary leave and had their asylum claim refused but they have appealed against that decision and that appeal is still outstanding when they reach 18. Note 1b
2) The applicant has made an application for further leave out of time (i.e. after their leave to remain expired) and a decision has been taken by the Home Office to treat the application as a fresh application for asylum and the claim has been recorded. Note 2
There are two main reasons why a former UASC on turning 18 may not be eligible for Asylum Support and these should be borne in mind when considering whether to apply:
- The UASC was granted discretionary leave (or exceptional leave under the policy prior to 01/04/03) until aged 17.5. Where the UASC has applied for an extension of their limited leave, they are entitled to continue receiving mainstream benefits while the application is under consideration. As they remain eligible for mainstream benefits in these circumstances, they would not be 'destitute' and are therefore ineligible for asylum support.
- The UASC arrived in the UK on or after 8 January 2003 and did not apply for asylum "as soon as reasonably practicable" after their arrival. Most single asylum seekers who apply 'in country' rather than on arrival at a port of entry will fail this test and therefore be ineligible for assistance. Where a former UASC is known by the Children's Services department supporting them to have applied 'in country', it is important to ensure that they have applied for an extension of their discretionary/exceptional leave to avoid them either becoming destitute on reaching 18 or having a case that the local authority should provide financial support.
Notes
[1] 'Asylum Support' is currently also known as 'UKBA Support', and was previously known as 'NASS Support'. However it is called it is financial support granted under Section 95 of the Immigration and Asylum Act 1999.
