Big legal changes affecting Asylum

Seekers in 2015

Jon Beech, DirectorLeeds Asylum Seekers’ Support Network

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The Doughnut of Hope

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Days since last electionDays til next election

The Big Three• The National Health Service (Charges to Overseas Vi

sitors) Regulations 2015 – April 2015 (Which was enabled by the Immigration Act 2014)• Asylum S

upport (Amendment No.3) Regulations 2015 – August 2015• Immigration Bill 2015-16 – currently going through

the Lords

NHS Charging – the legislation• Primary care remains free for all• Only those who are “ordinarily resident” will be eligible for secondary care• Urgent or necessary treatment (including maternity treatment) will be given, but

charges will be made for secondary care• “Non-urgent

treatment should not be provided unless the estimated full charge is received in advance of treatment.”

• People exempt from charging:• Refugees, people with humanitarian protection or temporary protection• Asylum seekers whose claims (including appeals) have not yet been determined• Refused asylum seekers receiving support Section 4 or Section 21 support from a local

authority• Children who are looked after by a local authority• People in detention

• Immigration (Health Charge) Order 2015 establishing a £200 a year fee for people with limited leave to remain

NHS Charging – the legislation 2

• What’s still free? • TB and measles treatment • Treatment under Mental Health Act • STIs, HIV and Family planning• Emergency services (for the time being)

• Everything else is chargeable, and usually payable in advance• Recovery/payment falls to secondary care providers

themselves

NHS charging – the impact

NHS charging – the impact• The rules are complicated and different in England, Scotland, Wales

and Northern Ireland• Access to Refugees and asylum seekers are exempt but people whose

claim for asylum has been refused (and not on Section 4/21) are not.• One of the grounds for claiming Section 4 support is on grounds of

poor health• Section 4 applications can take weeks to come through and require

original documents to be sent through• People without money or support are the ones being pursued for

payment.• Patients need to carry proof of immigration status

• Proof comes in a range of forms and documents • People may not always have their original documents

Asylum Support Rates –the legislationAsylum support rates payable to parents with children under 16 were reduced in August 15• £36.75 per week

• 50% of the amount of support offered to most British single parents

Single Parent +1

Single Parent +2

Couple +1 Couple +2

Old amount £96.90 £149.86 £125.48 £178.44

New amount £73.90 £110.85 £110.85 £147.80

Difference £23.00 £39.01 £14.63 £30.64

Asylum Support Rates – the impact• 40% of asylum seekers cannot buy sufficient food for

themselves or their families*• 43% were unable to buy toiletries*• 88% struggle to buy clothes*• Increased reliance on foodbanks – although some

foodbanks in Leeds are unable to take referrals for people who do not have recourse to public funds• A Day Rider bus ticket costs £4 *Refugee Action, 2014

Immigration Bill – the proposed legislationThere’s a lot in here1. Labour Market and Illegal working2. Access to services3. Enforcement4. Appeals5. Support6. Border Security7. Language requirements for public sector workers8. Fees & Charges9. Commencement and territorial extent

Immigration Bill – the proposed legislation

Section 6 proposes to • Remove support to refused asylum seeking

families and their children• Remove a right of appeal against a Home Office

decision to refuse or discontinue support from refused asylum seekers who face a genuine obstacle to leaving the UK

Immigration Bill – the potential impact• Families will be made destitute• Central Government will no longer provide support• A duty will still remain with Local Authorities under s17

of the Children Act to ensure children are not homeless• The cost will be passed from central to local

Government• Evidence from a number of serious case reviews shows

the highly negative effects of withdrawing support • It won’t have the intended impact

Oh Dear-ism

How to combat Oh Dear-ism• Strategic optimism – do not accept that the world

is getting worse• Start close to home – there is always something

you can do• Be modest, and overachieve – you won’t solve

things on your own, but you can make things less awful

The Doughnut of Hope - Part 2

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jon@lassn.org.uk@lassnleeds