Page 1. A Practitioners Guide to Housing Refugees. Scottish Refugee Council March scottishrefugeecouncil.org.uk

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1 Page 1 A Practitioners Guide to Housing Refugees Scottish Refugee Council March 2011 scottishrefugeecouncil.org.uk

2 Practitioners Guide to Housing Refugees Elodie Mignard With the collaboration of Nick Hopkins from Nick Hopkins Consulting March 2011

3 Contents Foreword...v Acknowledgements... vi Disclaimer... vi How to use the guide?... vii Chapter 1: Introduction to working with asylum seekers and refugees...1 Section 1: Facts and definitions Who are refugees? Why do people seek refuge in the UK? Where do refugees come from? What challenges do they face? Understanding the legal basis for refugees being in the UK...4 Section 2: Quick overview of the asylum process...6 Section 3: Another route for protection - The Gateway Protection Programme...7 Chapter 2: Asylum seekers housing and welfare entitlements...9 Section 1: Housing and welfare while the claim is being processed Asylum Support Accommodation with financial support Asylum Support Subsistence only Health care Section 2: Housing and welfare of asylum seekers who have received a negative decision Destitution of families Destitution Section 4 support... 12

4 3. Support available from local authorities Health care Practical help available for destitute asylum seekers Chapter 3: Refugees legal rights in relation to housing and welfare entitlements. 14 Section 1: Refugees welfare rights National insurance number (NINO) Access to mainstream benefits Specific support and eligibility Section 2: Refugees and homelessness Highest risk of homelessness - the move-on period Refugees legal rights under the homelessness legislation Chapter 4: Reducing homelessness amongst refugees Section 1: Housing difficulties experienced by refugees in Scotland A snapshot of the challenges Navigating the Maze Section 2: Meeting the housing needs of refugees Access to information and advice on housing rights and options Support needs assessment along with the homelessness assessment Provision of better quality temporary accommodation Safety and protection against hate crime Affordability Access to suitable settled housing physical requirements Section 3: Improving housing options of refugees... 37

5 1. Improving access to the social housing sector Improving access to the private rented sector Chapter 5: Improving tenancy sustainment amongst refugees Section 1: Risk factors for tenancy failure Section 2: Tenancy sustainment activities Pre-allocation stage Moving-in Stage Settling-in stage Long established tenants Chapter 6: Developing culturally sensitive services Section 1: Ensure accessibility tackle language barriers Section 2: Encourage access promote your organisation as being culturally sensitive Appendix Appendix 1: Frequently Asked Questions Appendix 2: Glossary Appendix 3: Specimen Appendix 4: Directory... 66

6 Foreword Scotland has a long history of welcoming asylum seekers and refugees from day one of their arrival in Scotland. Scottish Refugee Council is the lead voluntary organisation working on refugee and asylum issues in Scotland. The Scottish Government has provided funding for Scottish Refugee Council as a key delivery partner since 2003 and has also provided over 2 million of funding to Scottish Refugee Council since 1999 from the Housing Voluntary Housing Grant Scheme. Scottish Refugee Council delivers support to refugees and asylum seekers, giving access to quality services, information and support, and increasing public understanding of refugees and building bonds, bridges and links between local communities and refugees to aid integration and community cohesion. The dedication and commitment that Scottish Refugee Council have shown towards helping asylum seekers and refugees in Scotland is outstanding. This Guide has been funded by the Scottish Government with the aim of assisting housing professionals working for local authorities and Registered Social Landlords to ensure they are fully appraised of not only the rights of refugees, but the important contribution refugees can make to strengthen communities. I am sure that this guide will help them to do that. Alex Neil MSP Minister for Housing and Communities v

7 Acknowledgements We would like to thank the following individuals and organisations who helped us in the production of this guide: Henri Krishna (Child Poverty Action Group), Marion Gibbs (Scottish Government), Lesley Kerr and Marion McLellan (Scottish Housing Regulator) and Andy Young (Scottish Federation of Housing Associations) We would like to thank our following colleagues who provided their own expertise for the development, production and promotion of this guide: Helen Fordyce, Julie Robertson, Geraldine O Neil, Tesfay Waldemichael, Tommy Taylor, Clare Tudor, Jamie Spurway, Clare Harris, Karin Goodwin, Trish Elms, Graeme Corbett and Gary Christie. Disclaimer The information in this publication is correct at the date of publication, March The guide will be updated following changes in legislation or policy development. vi

8 How to use the guide? The Practitioners Guide to Housing Refugees has been produced for housing professionals, frontline and management staff working with Local Authorities, RSLs, and voluntary organisations in Scotland. The guide sets out essential information about the housing and homelessness rights and entitlements of refugees as well as practical recommendations and examples of positive practice that should lead to reduction of homelessness and improve tenancy sustainment amongst refugees. The guide is a practical tool for practitioners to find the information they need when assisting refugees. The guide has been designed to be used as an electronic resource. To ease navigation between the sections we used hyperlinks throughout to take you to specific paragraphs, the Directory or FAQs etc. The guide has six chapters, each of which will be more or less relevant depending on the role of different readers. Chapters can be consulted individually to allow each reader to access quickly the information they need. Chapter 1 gives general information on why refugees need to seek protection outside their country of origin, why they come to Britain and some myths busting facts. Chapter 2 gives essential information about the welfare and housing rights of asylum seekers in the UK. This chapter is relevant to frontline staff for any organisations to enable them to refer asylum seekers to the most appropriate agencies if they need assistance with housing, financial support, health or education. Chapter 3 gives essential information about refugees legal rights to access benefits and homelessness assistance. This chapter is relevant to frontline staff who provide direct advice to refugees and to management staff as it may assist in evaluating training needs or exploring new practice to improve services provided to refugees. Chapter 4 gives essential information on the housing needs of refugees and on how to improve access to suitable housing for refugees. This chapter is relevant for housing management and development staff of social housing providers as well as senior officers in local authorities working on local housing strategies. Chapter 5 highlights the main risk factors for tenancy failure amongst refugees and gives practical tools to improve refugees tenancy sustainment. This chapter is most relevant for front line staff working on the allocation of properties and providing vii

9 support to tenants, and management staff in charge of developing policies and implementing practice. Chapter 6 gives some practical tools to assist mainstream organisations to develop more culturally sensitive services. This chapter is most relevant to management staff in charge of developing policies and implementing practice. The guide will be updated with any new legislation changes or policy developments but will also be evaluated and reviewed accordingly. Scottish Refugee Council will ensure each organisation and individual who registers with us as a recipient is regularly provided updated version. viii

10 Chapter 1: Introduction to working with asylum seekers and refugees This chapter gives general information on why refugees need to seek protection outside their country of origin, why they come to Britain and some myths busting facts. Section 1: Facts and definitions 1. Who are refugees? The term refugee is generally used by people to describe people who were forced to flee their home and seek refuge elsewhere. Refugees may have escaped experiences of war, torture, rape, or violence against their families, including murder. Refugees in the UK are granted protection on one of the different legal grounds which entitle them to different status and types of leave to remain. You can check the text box further down the section on Understanding Different Terms in Relation to Status for more details. For the purpose of this document, we use the term refugees to describe anyone who claimed asylum in the UK and whose claim for protection was accepted by the UK government whatever status and leave to remain was awarded. A person waiting for their application to be assessed is commonly known as an asylum seeker. Asylum seeker: An asylum seeker is a person who has made a claim to be considered for refugee status and whose claim is still being considered. You will often hear or see the phrase bogus asylum seeker. In fact, a person cannot be a bogus asylum seeker. People seeking asylum have a legal right to be in the UK. Refugee: A refugee is a person who: owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or owing to such fear, is unwilling to avail himself of the protection of that country (quoted from the 1951 UN Convention relating to the status of refugee). 1

11 2. Why do people seek refuge in the UK? Men, women and children come to the UK to escape war and persecution in their own country. The decision to leave is often a quick one, often being forced by events which put their safety under immediate threat. This means that they generally arrive with very little in terms of possessions, and often lacking papers proving their identity. Most refugees end up in countries neighbouring their country of origin, only a small proportion of those fleeing persecution end up heading for Western countries. The UK is home to less than two per cent of the world s refugees out of 16 million worldwide. For those that do come to the UK their reasons for doing so may vary from simple chance, for example the whim of the agents who assist their transit 1 to a choice based on historical links between the UK and their country of origin, or because relatives or friends are in the UK. 3. Where do refugees come from? According to the United Nations High Commissioner for Refugees, the main countries of refugees who arrived in Britain in 2009 were Zimbabwe; Afghanistan; Iran; Eritrea; Pakistan; Sri Lanka; Somalia; Iraq; and Nigeria. All of these are countries which are the site of conflicts, war, gender, ethnic or political persecution and other severe human rights abuses involving torture and arbitrary imprisonment. 4. What challenges do they face? In their countries of origin, refugees have often been victim of extreme violence because of their ethnic or social group, political views and religious beliefs. This can leave them traumatised by their experiences, something which can be made worse by their experiences in transit to the UK. When they arrive here as asylum seekers, and when they get the opportunity to stay here as refugees, they are faced with unfamiliar systems in an unfamiliar country. Advice and support are therefore essential at all points in the process. 1 For more information on see Chance or choice? Understanding why asylum seekers come to the UK, a research by Refugee Council, January cent20council/downloads/chancechoice.pdf 2

12 Chenzira s Story gives a flavour of the reasons why people are forced to flee their own country. I was a teacher in Zimbabwe, and then I went onto work for a charity that the regime did not approve of. I was persecuted and targeted because of the work I did there, and I had to flee or else I d have been killed. It was a difficult and frustrating journey I had to make it without knowing where I was going or where to get help. I just took a chance. It s better to take a chance than wait until they come and kill you. I had to get out of Africa, because no matter which African country I m in I don t trust [the authorities] because of their relationship with Zimbabwe. The second journey, the journey to Europe, was the most important one for me that s when I escaped death. Leaving Africa was like a turning point in my life. But during the journey you become a victim again, because you must rely on agents to get you out. I arrived in England first. I was just dropped in a bus station somewhere. I didn t trust the authorities. How could I? So I stayed at the bus station for two nights, sleeping under a bridge, with no money, no food. The second day I approached people going into Tesco. Then I met two ladies at the bus station who shared their food with me. They gave me help and introduced me to a family. I said I would go to the authorities but when I was ready. I stayed with them for a couple of weeks, they took me to a second hand shop and bought me clothes. After some time they introduced me to the local authorities. At the time I had no idea what the asylum system was, or what they [the Home Office officials] would ask me. It makes you very uncomfortable having to talk about your circumstances over and over again because it s like what they do to you in my home country. The Home Office expected me to be able to tell me story in one day but how could I do that? I was asked if I planned to come to the UK. But you can t plan for this. Escape that s the driving force. Some people think we abuse the system. We are just seeking help. It hurts that people think you re lying. When I got status I knew I was given my life back. I m free. If I need help, there are people who can help me, but that s for me to decide. I know what I want, and I know what I m capable of. Yes, I m looking forward to my life very much. I ve lost a lot of time, I m not trying to regain everything I lost. My journey is still going on. (Case study taken from Scottish Refugee Council s website. More stories can be found at ) 3

13 5. Understanding the legal basis for refugees being in the UK People apply for asylum in the UK under the 1951 UN Convention relating to the status of refugees and its 1967 Protocol. This convention was the legal response of the United Nations to the aftermath of the Second World War, and the pressing needs of the hundreds of thousands of refugees who six years later still wandered aimlessly across the European continent or squatted in makeshift camps. The UK, with 143 other countries, is a signatory to the Convention which remains the key legal document in defining who is a refugee, their rights and the legal obligations of states. By being a signatory, the UK accepts a legal obligation to accept claims for asylum from individuals and to assess each claim according to the Convention. The UK is also a signatory to the European Convention of Human Rights which gives a legal obligation to the UK to protect individuals from torture or from inhuman or degrading treatment or punishment. The European Convention is also a legal ground for individuals to obtain protection from the UK. Individuals who claim protection in the UK enter the asylum process. From the day someone claims asylum until they are granted leave to remain in the UK, the person is known as an asylum seeker. From the day refugees are granted leave to remain in the UK, there is a clear shift in their entitlements to housing and support, something covered in much more detail in Chapters 3 and 4. A positive decision encompasses a number of different forms of status that are described in more detail in the box below. Refer to the different specimens in the Appendix for examples of a refugee resident permit. 4

14 Understanding different terms in relation to status o Refugee Status This status is given when an individual has applied for asylum in the UK and has been recognised by the UK government as meeting the definition of a refugee set by the 1951 UN Convention on Refugees. Since 30 August 2005 (30/08/05) refugees has been awarded limited leave to remain for five years. Just before the five years have elapsed, refugees must apply for Indefinite Leave to Remain (ILR), also known as permanent settlement, and their case will be reviewed, though it may, technically, be subject to review at any time in the preceding five years. If, following the review, they are still deemed to be in need of protection, they will then be eligible for ILR. People with refugee status are allowed to work, access mainstream welfare benefits and family reunion. Such entitlements remain while awaiting decision on ILR application made before the initial leave to remain elapsed. o Humanitarian Protection (HP) Since April 2003 this status has been awarded to people who have been refused refugee status but cannot be returned to their country of origin as they face serious risk to life or person, inhuman or degrading treatment, or punishment. People who receive this status are awarded limited leave to remain for a five-year period (although there remain cases where people have been awarded HP for three year periods) and at the end of this time the circumstances are reviewed. If circumstances are unchanged, a person with HP can apply for ILR. People with HP status are allowed to work and access mainstream welfare benefits and family reunion. Such entitlements remain while awaiting decision on ILR application made before the initial leave to remain elapsed. o Discretionary Leave (DL) This is a status awarded to people who have been refused refugee status and who do not fulfil the criteria for HP but are allowed to stay in the UK for other reasons. It is only awarded in very limited circumstances, primarily to separated young people (unaccompanied minors people under the age of 18 who have made an application for asylum in the UK before they reach 17 years of age). People who receive this status are awarded limited leave to remain for a three-year period in most cases. Recipients are allowed to work and access mainstream welfare benefit. Such entitlements remain while awaiting decision on ILR application made before the initial leave to remain elapsed. o Indefinite Leave to Remain (ILR) This is the permission to stay permanently in the UK. Refugees used to be given ILR but now get five years leave to remain. People who have been allowed to stay because of the Case Resolution programme are granted ILR. Refugees who arrived via the Gateway programme receive ILR. Recipients are allowed to work and access mainstream welfare benefit. 5

15 Section 2: Quick overview of the asylum process This section aims to give you an understanding of the process that all asylum seekers must navigate if their protection needs are to be recognised. People can claim asylum in different ways: Most simply they can claim at their point of entry into the UK, i.e. in the port or airport when they arrive; However, people do not always know their rights when arriving in the UK, may not be aware that they have the right to claim asylum, or they may have been the victim of trafficking. Claiming asylum after their arrival is called claiming in country. There are different systems for pursuing an asylum claim depending on when you arrived in the UK: Asylum seekers who claimed asylum before 5 March 2007 will see their claim assessed through the case resolution programme (sometimes referred as legacy) ; Asylum seekers who claimed after 5 March 2007 will see their claim processed through the new asylum model. For these people, a target was previously set to process claims within 6 months. This means that in the most extreme cases, refugees have been granted leave to remain only a couple of weeks after their arrival in the UK. 6

16 The asylum process Screening interview At this stage, details and fingerprints are taken. The asylum seeker is given an Asylum Registration Card (AR)C card which proves they are an asylum seeker and can apply for asylum support. They are also given a letter called IS96 which means that they have been temporarily accepted to remain in the UK while their claim is being examined. Substantial interview This is the most important stage of the application for asylum. The asylum seeker will have to explain why they need protection and provide evidence backing their claim. A legal representative does not have to be present and will have only 5 days to submit further evidence or any extra information. Positive decision The person is granted refugee status or leave to remain on other legal grounds Negative decision Appeal Negative decision Positive decision Destitution / risk of removal / voluntary return Section 3: Another route for protection - The Gateway Protection Programme 2 The majority of refugees only ever find their way to a neighbouring country, which may not in fact be safe; conflict is not always confined by national borders and persecution can continue even in refugee camps. In partnership with the UN High Commissioner for Refugees (UNHCR), the Home Office has established the Gateway Protection Programme to assist the most vulnerable 2 This information has been taken from the website of the Strategic Migration Partnership of COSLA 7

17 refugees escape this type of situation. These refugees are sometimes known as mandate refugees as they have been recognised in need of protection by the UNHCR under their mandate to protect refugees. The programme offers a legal route for up to 750 refugees to resettle in the UK each year. It is completely separate from the standard procedure for claiming asylum in the UK. Entry to the programme is through identification and assessment by UNHCR as being in need of permanent resettlement and protection. Health and integration needs will also be assessed. Once a sufficient number of refugees have been identified for re-settlement, arrangements are made for transfer to the UK. These individuals will be granted Indefinite Leave to Remain. The Home Office states its commitment to ensure that all refugees resettled through the Gateway Programme will be well-supported in the UK. Local Authorities will have the costs of resettlement met for the first 12 months of the refugee s life in the UK. This includes expenditure on health, housing, and education. In addition, key stakeholders are notified of each refugee s profile in advance of arrival, enabling local doctors, schools and employment advisors to prepare for resettlement. In Scotland, only North Lanarkshire has participated in the Gateway Protection Programme this far. 8

18 Chapter 2: Asylum seekers housing and welfare entitlements This chapter gives essential information about the welfare and housing rights of asylum seekers in the UK. This chapter is relevant to frontline staff for any organisations to enable them to refer asylum seekers to the most appropriate agencies if they need assistance with housing, financial support, health or education. Section 1: Housing and welfare while the claim is being processed Asylum seekers for the most part arrive with very few possessions and are destitute. They are not generally allowed to work while their claims are being decided 3 and will be reliant on statutory support as a result. They may apply for both housing and financial support whilst their claim is being assessed, or receive financial support only, depending on their needs. This support is administered by the UK Border Agency (UKBA) and is sometimes still referred to as NASS support after the National Asylum Support Service which is now a part of UKBA. 1. Asylum Support Accommodation with financial support Asylum seekers can apply for accommodation and financial support: Accommodation is provided on a no-choice basis which means that asylum seekers will have to move to any cities in the UK taking part in the Dispersal Programme; Financial support equivalent to 70 per cent of the level of income support. Glasgow City Council is the only Scottish Local Authority to have taken part in the dispersal programme through a contract with the Home Office to accommodate and supported asylum seekers 4. Ypeople (former YMCA) and the Angel Group have also contracts with the Home Office to provide asylum seekers with accommodation in Glasgow. When asylum seekers receive a positive decision on their asylum claim they lose their entitlement to UKBA accommodation and financial support. They will be given 28 days notice to vacate the property, find alternative accommodation and apply for mainstream benefits that will replace the financial support they used to receive from UKBA. The situation that results is the focus of the following chapters three and four. 3 Since February 2005, they are allowed to apply for permission to work if they have waited for over a year for an initial decision on their asylum claim. However since 2010 these jobs have been limited to those on the UK skills shortage list. 4 This contract has now come to an end and Ypeople and Angel group may remain the only accommodation providers to asylum seeker in Scotland. 9

19 2. Asylum Support Subsistence only Asylum seekers who can stay with friends or relatives may apply for subsistence only support which means they will only receive financial assistance. In these cases, asylum seekers can live anywhere they wish in Scotland as long as UKBA knows their exact address. 3. Health care In addition to the above, asylum seekers have free access to primary and secondary care from the NHS. Most asylum seekers will qualify for: - free NHS prescriptions; - free NHS dental treatment; - Necessary travel costs to and from hospital for NHS treatment; - Free NHS sight tests and NHS optical voucher if they have completed an HC1 form Anyone who has made a formal application for asylum, whether pending or unsuccessful, is entitled to treatment on the same basis as a UK national who is ordinarily resident in Scotland while they remain in the country. If their application to remain in the UK is successful, they will be granted refugee status and will continue to be exempt from NHS charges on the same basis as a person ordinarily resident in Scotland. Overseas visitors liability to pay charges for NHS care and services A guide for healthcare providers in Scotland, April Section 2: Housing and welfare of asylum seekers who have received a negative decision Many asylum seekers receive an initial negative decision on their case. This is often not the final word on their claim, for the simple reason that UKBA decision making can be prone to error and subject to appeal. Initial decision making in the asylum system continues to give 5 HC1 are available from chemist, Scottish Refugee Council, Jobcentre Plus office or NHS hospital. It may be available from doctor, dentist or optician. HC1 form can be requested by contacting the Health Cost advice line on

20 cause for concern, with 27 per cent of appeals being successful in indicating that a significant proportion of initial decision being wrong. In 2008, the Independent Asylum Commission 7 found that the asylum system denies sanctuary to some who genuinely need it and ought to be entitled to it. Despite the efforts being made to deal with asylum claims more effectively, it found a persistent culture of disbelief persists among asylum decision-makers. They concluded that this, combined with a lack of access to legal advice for applicants, was leading to perverse and unjust decisions 8. Often, asylum seekers who have had their claim refused feel that it is still unsafe to go back to their country of origin. At this point they need legal advice to assess whether they can pursue a new claim for asylum or make a claim on other immigration grounds. If a person is refused asylum and has no further opportunities to appeal, they lose their right to accommodation and financial support 21 days after receipt of a negative decision. If all their appeal rights are exhausted, they are expected to return to their country of origin. They are effectively destitute whilst they are in the UK, as they don t have the right to work and have no recourse to public funds. Henry s story made destitute when needing protection Henry was an MDC (Movement for Democratic Change) activist in Zimbabwe who came to the UK in 2001 after facing threats of persecution relating to his political activities. His claim was considered but refused on the basis that he was not senior enough in the MDC to face persecution if he returned. Henry was convinced that he would be in danger if he went back and so ended up destitute and reliant on the support of friends and charity. After several months in this situation his dignity was so compromised that he chose to return and face the possibility of persecution rather than remain destitute in the UK. At least he would be able to support and feed himself in Zimbabwe, he reasoned. When Henry returned to Zimbabwe he was immediately identified, picked up and detained by security services, and brutally beaten and tortured. Eventually he managed to escape and fled back to the UK. After a long process involving detention, a hunger strike and a fresh claim, he was granted asylum. (Case study taken from At the end of the line - Restoring the integrity of the UK s asylum system a report by Still Human Still Here, a campaign to end destitution of refused asylum seekers, Independent Asylum Commission, Fit for Purpose Yet? The Independent Asylum Commission s Interim Findings,

21 1. Destitution of families Asylum seeking families with children whose claim has been refused should continue to receive financial support and be allowed to remain in the accommodation provided by UKBA until they leave the country, are removed, or their youngest child turns 18. This does not apply if the child is born more than 21 days after a claim is refused. 2. Destitution Section 4 support In some cases, asylum seekers who are destitute may be eligible for some accommodation and support if they meet the criteria for Section 4 support 9. Section 4 support is provided by UKBA but it is different in several ways from the support people were getting previously: Cashless support: asylum seekers will not receive any cash. Instead every week, they will be given an Azure Card 10 credited with 35. These can be used in a limited number of supermarkets, for example, Asda or Tesco; Shared housing: a single adult will need to share a flat and/or a room with a number of other people of the same gender; No subsistence-only option available: asylum seekers do not have the option of making their own housing arrangements and only receiving Section 4 payment vouchers. They must take both accommodation and vouchers. Section 4 accommodation like other type of accommodation provided to asylum seeker is provided on no-choice basis. If they refuse to take this offer for any reason, UKBA may stop their support altogether; Who qualifies for Section 4 support? Scottish Refugee Council can help people to apply for Section 4 support if they are destitute and if they qualify under any one of the following criteria: Fresh asylum claim/human Rights Claim: If a fresh claim for asylum or a late appeal has been lodged; Judicial Review: if a Judicial Review has been lodged with the Court of Session; Unfit to Travel: If there is a medical reason that prevents the person from taking the journey to their home country. The criteria for this are very strict. People will only qualify if they are over 7 months pregnant or if they have a written statement from a doctor stating that they are Unfit to Travel. Most medical problems will not be considered serious enough; 9 For more information on what are the options when an asylum claim is refused, go on 10 See Scottish Refugee Council campaign against the Azure Card on 12

22 No Safe Route: It is very difficult to fit this criterion. Individual advice should be sought to assess if this could be applicable as it is subject to review; or Voluntary Return: If people can prove they are taking reasonable steps to return to their home country. 3. Support available from local authorities There is no duty for local authorities to provide support and accommodation to asylum seekers whose claim has been refused by the Home Office, they have in some case the power to provide support and accommodation. Local authorities should complete a community care assessment for anyone living in their area, destitute asylum seeker included. If they identify that a destitute asylum seeker has significant community care needs, the local authority has the power to provide support to the person Health care In Scotland the policy on provision of health care is different than in England and is set by the Scottish Government. For Scotland the guidance states that Anyone who has made a formal application for asylum, whether pending or unsuccessful, is entitled to treatment on the same basis as a UK national who is ordinarily resident in Scotland while they remain in the country. If their application to remain in the UK is successful, they will be granted refugee status and will continue to be exempt from NHS charges on the same basis as a person ordinarily resident in Scotland Practical help available for destitute asylum seekers Some organisations and groups, mainly in Glasgow, have developed services to provide humanitarian help to destitute asylum seekers. Such practical help relies entirely on the support of volunteers and private donations and is limited. Support provided takes the form of money hand-outs, free food parcels, free clothing etc. Refer to the Directory under the heading destitution. for a list of agencies. 11 Legal opinion given to Scottish Refugee Council on the Slough judgement, April Overseas visitors liability to pay charges for NHS care and services A guide for healthcare providers in Scotland, April

23 Chapter 3: Refugees legal rights in relation to housing and welfare entitlements This chapter gives essential information about refugees legal rights to access benefits and homelessness assistance. This chapter is relevant to frontline staff who provide direct advice to refugees and to management staff as it may assist in evaluating training needs or exploring new practice to improve services provided to refugees. For the purposes of this document, we use the term refugee to describe anyone who claimed asylum in the UK and whose claim for protection was accepted by the UK government no matter which status and leave to remain was awarded. Refugees can be granted different types of status: Refugee status, Humanitarian Protection, Discretionary Leave to Remain or Indefinite Leave to Remain. (For more details on different status refugees are granted, please refer to the text-box on Understanding Different Terms in Relation to Status) Whichever of the above status the person is granted, they obtain the right to work, the right to access to private and social housing from local authorities and RSLs, and the entitlement to access public funds including homelessness assistance, mainstream benefits and access to social housing. Apart from Indefinite Leave to Remain, all other types of leave to remain will be, in most cases, limited to three or five years. Before the expiration of their initial leave, refugees will need to complete an extension of status request. Their rights to housing, public funds and employment remain the same until UKBA notifies the person of its decision. It is only recently that refugees had to complete such requests and according to the current experience, applicants receive, in most cases, an extension which changes their leave to remain to Indefinite Leave to Remain. Section 1: Refugees welfare rights The benefits system is challenging enough to negotiate for people who have lived in the UK for their whole life. Refugees who face this system for the first time need access to clear information and advice on their entitlements to benefits and on how to apply for them. 1. National insurance number (NINO) A national insurance number should be requested by UKBA for people who have been through the New Asylum Model. People who are granted leave to remain via the Case Resolution Programme will need to apply for a NINO at their local Job Centre or will be provided with a NINO when applying for benefit. 14

24 2. Access to mainstream benefits Refugees see the financial support provided by UKBA stopped 28 days after being given a positive decision on their asylum claim, i.e. at the end of the move-on period. Despite being entitled to work from that day and, even if able and ready to work, it is unrealistic to expect the person to secure employment in this short period of time. Most, if not, all refugees will therefore need to apply for mainstream benefits. From the cession of their financial support from UKBA refugees are entitled to: 13 o Housing and Council Tax Benefit (including Discretionary Housing Benefit); o Income Support (IS); o Job Seeker Allowance (JSA); o Employment and Support Allowance (ESA); o Pension credit; o Any other benefits under the normal rules and the full rate from the date the person the person is granted leave to remain; o Community Care Grant (if they are entitled to a qualifying benefit 14 ) as they meet the criterion of needing help to set up home in the community as part of a planned resettlement programme following a period during which you have been without a settled way of life. 3. Specific support and eligibility - Integration Loan This loan is administrated by UKBA and is only available to people being granted Refugee status or Humanitarian Protection and their dependants. It is intended to support them with dealing with some of the specific challenges that result when trying to settle in a new country. It is aimed at purchasing goods and services to assist their integration into the UK. The loan is interest free. The criteria on which the loans are determined are set out in Government regulations and guidance. It is intended that the loan will be spent on items and activities that facilitate integration such as: vocational training where provision is not available through Jobcentre Plus; 13 For more information on Benefits available to new refugees, see factsheet Benefits for new refugees by CPAG on cent pdf 14 Income Support, income-based Jobseeker s Allowance, Employment and Support Allowance (incomerelated), Pension Credit 15

25 a deposit for accommodation; buying essential items for the home; or the purchase of tools of a trade. The loan scheme is not retrospective and so only those granted refugee status or humanitarian protection or their respective dependants after the 11 June 2007 (when the scheme was introduced) can apply for a loan. - IS while learning English In contrast to those from host communities, people with refugee status may also claim IS while learning English in order to obtain employment. This is available only to people with refugee status who are on a course for more than 15 hours a week and, at the time the course started, they must have been in Great Britain for 1 year or less. They are entitled to a maximum of 9 months support. - Backdated payment Only people granted refugee status are entitled to receive payments of child benefit and working tax credit for the period they were claiming asylum. Backdated payment of working tax credit will be possible only if the person was allowed to work and worked while seeking asylum. Any claim for backdated payment must be made within three months of being granted refugee status. Section 2: Refugees and homelessness This section explains: o When refugees are the most at risk of homelessness; o Who is responsible to assist refugees who are homeless; o How the Scottish housing legislation applies to refugees. 16

26 1. Highest risk of homelessness - the move-on period This period is when refugees are at the maximum risk of finding themselves homeless. When granted leave to remain, refugees are given 28 days notice to vacate the property provided by UKBA and find alternative accommodation. Refugees are legally entitled to all the housing options that are available in Scotland. However, because they are almost always on a low income, most refugees do turn to the social housing sector. As it is unlikely that refugees will manage to secure social rented housing within the move-on period, most refugees will experience a period of homelessness as a result. Why this is a key issue... In 2008/2009, the Scottish Refugee Council Housing Team assisted 493 refugee households, 98per cent of whom had experienced homelessness at some point. 2. Refugees legal rights under the homelessness legislation Warning: Please note that this section relates to Scottish Housing Law only and is therefore only relevant for cases in Scotland. Local connection Refugees are entitled to homelessness assistance and can present to any Local Authority in Scotland which will then have the duty to complete a full homelessness assessment. Although the local connection test is the last one to be looked at by Local Authorities when doing a homeless assessment, we are mentioning it first in order to break down some misconceptions that refugees have developed a local connection with the local authority where they have been dispersed when seeking asylum, i.e. in Scotland it has always been Glasgow. Chapter 8 of the Code of Guidance on homelessness states that asylum seekers cannot be seen as developing local connection with the area to which they have been dispersed. This is because accommodation provided by UKBA was not allocated in an area of choice. This means that refugees can initially present as homeless to any Scottish Local Authority. 17

27 However once they remain at least 6 months in a Scottish Local Authority area after receipt of a positive decision, they will be deemed to have formed a local connection with that area and will need to present homeless to that local authority. It is important to remind here that local authorities have only a power to look at this test and not a duty; this is the same for refugees. The rest of the guidance on investigating local connection is also applicable to refugees. The legislation is different in England and Wales. English and Welsh Local Authorities have the power to refuse duty based on lack of local connection. It is therefore important to advise refugees of this if they are talking about moving down south and to assess their local connection with an English Local Authority, i.e. employment or family links, before they do make a move. Code of Guidance on Homelessness local connection 8.14 If an applicant is a former asylum seeker and has been housed previously in NASS (National Asylum Support Service) accommodation, the applicant has not formed a local connection with the relevant Local Authority in which the NASS accommodation is situated (section 7 of the 2003 Act). This is because the applicant had no element of choice as to where the NASS accommodation was provided. (A former asylum seeker may be subsequently eligible for assistance under the homelessness legislation if they have been granted leave to remain - Refer to chapter 13 [of the Code of Guidance] for more details.) Full entitlement to homelessness assistance When granted leave to remain, refugees gain access to public funds and are therefore entitled to apply for and access homelessness assistance and advice if needed. The highest risk of homelessness for refugees is during the 'move- on period during which they must vacate the property provided by UKBA. Refugees may be vulnerable to homelessness at other points of their life, if they experience domestic abuse, hate crime, because of a relationship breakdown, or due to overcrowding following a family reunion procedure or for other reasons. 18

28 Appendix 13A of the Code of Guidance on Homelessness gives the list of people subject to immigration control who are eligible for homelessness assistance: 1. A person who is a refugee. i.e. a person who has been granted refugee status in the UK as a result of the upholding of his asylum claim. 2. A person who has been granted exceptional leave to enter or remain (ELR) in the UK and whose right is not subject to any condition requiring him to maintain and accommodate himself and his dependants without recourse to public funds. (Note that Humanitarian Protection and Discretionary Leave have now replaced ELR). 3. A person who has been granted current or indefinite leave to enter or remain in UK, and who is habitually resident in the Common Travel Area. But a person whose leave to enter or remain depends on an undertaking by another person (the sponsor) who is responsible for his maintenance and accommodation, and who has been resident in UK for less than 5 years, and whose sponsor is still alive is not eligible. Homeless or threatened by homelessness Refugees within the 28 day move-on period can seek homelessness assistance and advice from local authorities as they are likely to be made homeless within two months. The letter sent by the UKBA notifying that a refugee has been granted leave to remain and that their financial support and accommodation will stop constitutes the evidence that the person is threatened by homelessness. Refer to the Appendix for an example of this letter which Scottish Local Authorities should accept as evidence that refugees are threatened by homelessness and are entitled to access homelessness assistance. This letter is relevant only for newly granted refugees. If refugees are at risk of homelessness or are homeless at other point of their life, their application should be treated as a mainstream one. As Glasgow is the only local authority taking part in the dispersal programme in Scotland, most refugees will, in practice, present as homeless to Glasgow City Council. Although we have made clear above that refugees have the right to present as homeless to any Scottish Local Authorities Code of Guidance on Homelessness Prevention of homelessness 2.10 If someone is threatened with homelessness unintentionally (i.e. likely to become homeless within 2 months) and is in priority need, then the local authority has a duty to take reasonable steps to secure that accommodation does not cease to be available. More generally, the local authority has a duty to give advice and assistance to anyone threatened with homelessness. 19

29 Priority needs Chapter 6 of the Code of Guidance on Homelessness 2005 states that new refugees who are homeless should be accepted with priority needs because of the likelihood of being victim of torture, trafficking, or had experienced severe hardship for other reasons. Code of Guidance on Homelessness Priority needs 6.12 Former asylum-seekers who have been granted refugee status or humanitarian protection or other leave to remain in the UK may be eligible for homelessness assistance (see chapter 13 for more details) and may be homeless as a result of having to leave accommodation which was provided for them (i.e. NASS 1 accommodation) when they were pursuing their asylum claim. They may well have experienced persecution in their country of origin or severe hardship in their efforts to reach the UK and may be vulnerable as a result. In assessing applications from this client group, housing authorities should give careful consideration to the possibility that they may be vulnerable as a result of another special reason. Intentionality New refugees who become homeless at the end of the move-on period will always be regarded as having become homeless unintentionally as they are asked by the UKBA to leave their accommodation. When assisting refugees who become homeless for other reasons such as overcrowding or being the victims of hate crime, the most relevant areas of guidance are those focusing on the assessment of how reasonable it is for someone to remain in their accommodation. Code of Guidance on Homelessness - intentionality 7.5 The circumstances in which a person is to be regarded as having become intentionally homeless or threatened with homelessness are set out in section 26 of the 1987 Act. There are three requirements - all of which must be satisfied. it must have been reasonable for the applicant to have continued to occupy the accommodation. The local authority may have regard to the general circumstances prevailing in relation to its area in applying this test (section 26 (4)). 20