Section 95 Support for Asylum Seekers in the UK

Last updated: 30 September 2026

Photo: DP2M6642 - bethom33

Section 95 support is the principal form of UK government assistance for asylum seekers awaiting a decision on their claim. Established under the Immigration and Asylum Act 1999, section 95 provides accommodation and a weekly subsistence payment to asylum seekers who would otherwise be destitute. Furthermore, the support is administered by the Home Office through accommodation contracts with private providers (Serco, Mears, Clearsprings). As a result, section 95 represents the principal safety net for asylum seekers who lack work permission and family support. This article explains eligibility, application, rates, conditions, and recent reforms.[1]

Eligibility for Section 95

Section 95 support is available to asylum seekers who: (1) have an active asylum claim (not yet decided); (2) are destitute or likely to become destitute within 14 days; (3) have no other source of support. Furthermore, "destitute" is defined as not having adequate accommodation or being unable to meet essential living needs. The destitution test applies to the applicant and their dependants — and a determination must be made on the basis of accommodation, money, and any other support. As a result, asylum seekers with family members who can support them may not qualify. Therefore, the application requires accurate disclosure of all sources of support.[2]

How to Apply

Application for section 95 support is made via Form ASF1, submitted to Migrant Help — the charity contracted by the Home Office to administer asylum support applications. Migrant Help: provides telephone support (0808 8010 503); receives and processes applications; assesses destitution; refers cases to the Home Office for decision. Furthermore, the Home Office target is to decide section 95 applications within 5 working days, though delays often occur. As a result, asylum seekers facing destitution should apply through Migrant Help as soon as they can. Therefore, contacting Migrant Help is one of the first practical steps for newly-arrived asylum seekers.[3]

Rates and the ASPEN Card

The weekly subsistence rate is set by the Home Office and updated annually. The 2025-2026 rate is £49.18 per person per week. Furthermore, this rate has been criticised as inadequate — it represents approximately 70% of the comparable mainstream benefits rate for income support. The rate is loaded onto an ASPEN card — a prepaid debit card issued by the Sodexo-administered contract. The card can be used at most retailers but not for: gambling; ATMs in some configurations; certain restricted purposes. As a result, asylum seekers manage household budgets with limited cash and a closely monitored card. Therefore, financial planning is essential.[4]

"The Section 95 subsistence rate of £49.18 per week is insufficient to meet basic needs in many UK cities. Asylum seekers report difficulty affording food, transportation, and essential personal items."Refugee Action Asylum Support Report, 2025

Accommodation Dispersal

Section 95 accommodation is provided through the Asylum Accommodation Support Contracts (AASC), held by Serco, Mears, and Clearsprings. Furthermore, the accommodation is dispersed — asylum seekers are typically housed outside London and the South East, in areas including Manchester, Birmingham, Glasgow, Cardiff, and Liverpool. The dispersal policy has been criticised for: poor housing quality; lack of local community networks; isolation from legal services. Furthermore, hotel accommodation — used as an emergency measure since 2020 — has produced its own concerns. As a result, the accommodation experience varies dramatically by location and provider. Therefore, accommodation complaints should be pursued through Migrant Help and, if necessary, the Independent Chief Inspector of Borders and Immigration.[5]

Section 95 vs Section 4 vs Section 98

UK asylum support has three main provisions. Section 95 (Immigration and Asylum Act 1999): for pending asylum claims; full support. Section 98 (same Act): emergency temporary support, typically for the first weeks before section 95 starts. Section 4 (same Act): for refused asylum seekers in specific circumstances (e.g., taking steps to leave the UK; medical reasons; awaiting onward appeal). Furthermore, section 4 provides only £49.18 per week loaded onto an ASPEN card (no cash) and accommodation — but is intended as time-limited. As a result, applicants whose asylum claims are refused but who cannot leave may transition from section 95 to section 4. Therefore, understanding which support applies is critical.[6]

Loss of Section 95 Support

Section 95 support ends when: (1) The asylum claim is granted — the applicant becomes a refugee with full work rights and benefits; (2) The asylum claim is finally refused and appeal rights are exhausted; (3) The applicant becomes self-supporting (employment, family support); (4) The applicant breaches conditions. Furthermore, after a grant of refugee status, support continues for a "move on" period (currently 28 days, increased from 7 days). After a final refusal, applicants may transition to section 4 (if eligible) or face destitution. As a result, the end of section 95 is a critical moment requiring planning. Therefore, applicants should begin transition planning before the asylum decision.[7]

Appeals Against Refusal

Refusals of section 95 support can be appealed to the First-tier Tribunal (Asylum Support). The appeal must be lodged within 3 days of the refusal (unusually short). Furthermore, the Tribunal can review the destitution determination, the accommodation provision, and the cash support level. Successful appeals against refusal are not uncommon — the Home Office decisions are sometimes legally erroneous or based on incomplete information. As a result, applicants should seek immediate legal advice on refusal. Therefore, the right of appeal is meaningful but must be exercised promptly.[8]

Recent Changes and Debates

Recent changes affecting section 95 include: (1) move from 7 to 28-day post-grant transition period (2024); (2) extensive use of hotel accommodation since 2020-2021 (~50,000 asylum seekers in hotels at peak); (3) Illegal Migration Act 2023 effects on certain claimants; (4) Border Security Bill 2026 (in Parliament). Furthermore, debates continue about: subsistence rate inadequacy; dispersal areas; conditions of hotel accommodation; whether asylum seekers should be permitted to work after 6 months. As a result, the system continues to evolve. Therefore, asylum seekers and their representatives should monitor for changes.[9]

Conclusion: Essential Safety Net

Section 95 support is the essential safety net for UK asylum seekers without work permission or family support. The system provides accommodation, weekly subsistence, and healthcare — though at levels widely criticised as inadequate. Furthermore, navigating section 95 requires understanding eligibility, application procedures, the dispersal system, and rights of appeal. As a result, asylum seekers should engage Migrant Help and legal advisers actively. Therefore, the system, while flawed, provides crucial protection against the destitution that would otherwise face many asylum seekers.