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The destitution test is the same whether the person has applied for s95 support (support given to asylum-seekers whilst their asylum claims are being considered by the Home Office) or s4 support (support given once the asylum process is at an end). A person applying for support will be considered destitute if they do not have access to ‘adequate accommodation’ or they cannot meet their ‘essential living needs’ now or within the next 14 days. It is important to note that in order to show that they are destitute, the person does not need to show that they are currently or are at risk of becoming ‘street homeless’. It is enough to provide evidence that they will not have adequate accommodation or that they will not be able to meet their basic living needs within the next 14 days.
This factsheet is for advisers assisting clients whose section 95 or section 4 support has been refused or discontinued because they are considered not destitute. It explains the evidence needed to challenge the decision and prepare for an appeal.
This page explains when asylum support can be reduced, suspended and how overpayments are treated.