8 September 2026
8 September 2026
This factsheet is for advisers working with families in the asylum support system. This factsheet explains when families can continue to receive Section 95 support after an asylum claim has been refused. It also explains the relationship between asylum support and support provided by local authorities.
If you still have questions or need further information and advice after reading this factsheet, please contact our advice line on 020 3716 0283. It is open Mondays, Wednesdays and Fridays from 2pm to 4pm. Please note, this is a ‘second-tier’ advice line. This means that we can give advice to other advice workers but not to individual clients.
Families with children are treated differently from single adults in the asylum support system. In some circumstances, a family can continue receiving Section 95 support after the parents have become appeal rights exhausted.
A person receiving Section 95 support is normally entitled to support while they are both an asylum seeker and are destitute.
Once an asylum claim has been finally determined, entitlement to support usually comes to an end. In most refused asylum cases, support ends 21 days after the person becomes appeal rights exhausted (see factsheet 22).
However, there is an important exception for some families with children.
Section 94(5) of the Immigration and Asylum Act 1999 provides that a person who lives with a dependent child under 18 may continue to be treated as an asylum seeker for asylum support purposes, even after their asylum claim has been finally refused.
In practice, this means that some families can continue receiving Section 98/95 support after the parents become appeal rights exhausted.
The Home Office's Ceasing Section 95 Support Instruction recognises that support should normally continue in these circumstances p.18 Ceasing Section 95 Support instruction V7 March 2026.
A parent claims asylum when their child is 10 years old.
The asylum claim is refused a year later, and all appeal rights are exhausted.
Although a single adult would normally lose entitlement to Section 95 support after 21 days, the family can usually continue receiving support because there is still a dependent child in the household. The word ‘dependant’ in s94(5) is defined in s94(1), as follows: “dependant”, in relation to an asylum-seeker or a supported person, means a person in the United Kingdom who— (a) is his spouse; (b) is a child of his, or of his spouse, who is under 18 and dependent on him; or (c) falls within such additional category, if any, as may be prescribed. There is also an extended definition of ‘dependant’ in Regs 2(4)-(5) of the Asylum Support Regulations 2000, which is incorporated into the definition of ‘dependant’ for the purposes of s94(5) by virtue of Reg 2(7) and s94(4)(c) see also Factsheet 11
The exception only applies where there was a dependent child in the household at the point the parent became appeal rights exhausted.
This is an important distinction.
The legislation allows a parent to continue being treated as an asylum seeker for support purposes because they already have a dependent child. It does not create a new entitlement to support when a child is born later.
A person becomes appeal rights exhausted in January.
Their first child is born in June.
At the point they became appeal rights exhausted, there was no dependent child in the household, therefore the section 94(5) exemption does not apply.
In these circumstances advisers should consider whether other forms of support may be available, including Section 4 support or support from the local authority.
No.
The Court confirmed that a family does not necessarily lose the benefit of the family exception simply because support stopped at an earlier stage See GA (appeal ref: 29002) at para 13.
The question is whether the family still falls within section 94(5) of the Immigration and Asylum Act 1999 and meets the requirements for Section 95 support at the time a new application is made R(VC) and others v Newcastle City Council and SSHD [2011] EWHC 2673 (Admin).
This means a family may be entitled to Section 95 support, even if they have not been receiving asylum support for some time if they had a dependent child in their household at the point they became appeal rights exhausted. They will have to show that they are destitute.
A family does not need to have been receiving Section 95 support before becoming appeal rights exhausted in order to benefit from section 94(5).
If the requirements of section 94(5) are met and the family is destitute, they still qualify for Section 95 support.
The family exception usually continues until the youngest dependent child turns 18.
Once there are no longer any dependent children under 18 in the household, the basis for continuing Section 95 support falls away.
Current Home Office policy provides for a 21-day discontinuation period where all dependent children have reached 18.
Advisers should check discontinuation decisions carefully, particularly where there is any dispute about whether a child remains a dependant for asylum support purposes.
There is no equivalent provision for section 4 support. However, once section 4 support has been granted, the Home Office’s general practice is not to discontinue support until:
The family is no longer destitute or;
They have breached the conditions of their support (see factsheet 20) or;
Their dependant children turn 18.
This is a practice rather than a legal obligation and is applied to those already on support. Unlike the exception for those eligible under s94(5), this practice does not create eligibility for support, but it may result in the Home Office continuing support even after a family no longer meet the eligibility criteria under regulation 3(2).
In England and Wales, section 17 of the Children Act 1989 places a duty on local authorities to safeguard and promote the welfare of children in need within their area.
Where a child is assessed as being "in need", the local authority has powers to provide support to the child and family.
This can include accommodation, subsistence and other servicess17(1).
Support can be provided to the family of a child if it is ‘provided with a view to safeguarding or promoting the child's welfare’ s17(3).
Unlike asylum support, support under section 17 is based on the needs of the child rather than the immigration status of the parents. However, unlike section 95 support, section 17 support may be discontinued if there is no barrier to the family leaving the UK – i.e. there is no equivalent protection of s94(5).
Section 17 is applicable to England and Wales only. The equivalent provisions for Scotland and Northern Ireland are (respectively) section 22 of the Children (Scotland) Act 1995 and Article 18 of the Children (Northern Ireland) Order 1995.
See Project 17 and NRPF network for more information on support from Local Authorities.
Where a family is entitled to Section 95 support, the Home Office will be responsible for meeting their accommodation and subsistence needs Section 122 of IAA 1999 prohibits those who are receiving or entitled to section 95 from accessing accommodation and financial support under section 17.
However, local authorities may still have responsibilities towards children, particularly where there are safeguarding concerns, disabilities, care needs or other welfare issues that are not addressed through asylum support.
The position is different for families who are entitled to Section 4 support. There is no equivalent to s122 of the 1999 Act that applies to section 4 support. In those cases, local authority support may still be available to protect the welfare of a child in need. In practice, refused asylum seeking families may be able to access either section 4 support or support under section 17.
The prohibition contained in s122(5) that prevents a Local Authority from providing section 17 support is more complicated where section 95 support has been refused or discontinued. Where a child is threatened with destitution or street homelessness as a result of such a discontinuation or refusal the Local Authority may have a duty to provide support. Please call our advice line to discuss individual cases.
Key point: Those eligible for section 95 support will usually not be able to access support from Local Authorities under section 17. This prohibition does not apply to those eligible for section 4 support.
Whenever the Home Office makes a decision affecting a child, it must take account of section 55 of the Borders, Citizenship and Immigration Act 2009.
This requires the Home Office to have regard to the need to safeguard and promote the welfare of children in the United Kingdom. This does not mean that support must always be granted or maintained. However, it does mean that the Home Office must actively consider the likely impact on the child of any asylum support decision it makes and explain its reasoning.
When taking a decision to stop or refuse support the section 55 duty may require the Home Office to engage in one or more of three types of actions:
making enquiries into the welfare of children whose support has been refused or discontinued (so as to, if necessary, take steps to safeguard and promote their welfare);
and having made enquiries, liaising with the relevant local authority where the local authority’s duties under section 17 may be engaged;
if asylum support is withheld, addressing in the refusal letter how the welfare of the children will be safeguarded.
Where the Home Office proceeds to discontinue or refuse asylum support without considering the needs of the children, and/or without liaising with the Local Authority, the Tribunal may be persuaded to remit an appeal back to the Home Office to make such a referral.
When advising a family whose asylum claim has been refused, consider:
Was there a dependent child in the household when the parent became appeal rights exhausted?
Is the child still under 18?
If yes to both of above, then your client may be eligible for section 98/95 support.
Where the Home Office has made a decision to discontinue or refuse support to a household with children, advisers should check:
Has the Home Office properly considered its duty under section 55 of the Borders, Citizenship and Immigration Act 2009?
Do any children in the household have additional needs or vulnerabilities that should be taken into account. If yes, provide evidence to the Home Office and/or Tribunal of these needs.
Consider if there are grounds to appeal the decision to refuse or discontinue support.