What are the eligibility criteria for asylum seekers to receive benefits in the UK?
Executive summary
Asylum seekers in the UK cannot access mainstream welfare benefits like Universal Credit while their claims are pending; instead, destitute applicants can apply to the Home Office for “asylum support” (accommodation and/or a subsistence payment) under schemes such as Section 95, Section 98 and Section 4 [1] [2]. To qualify for Section 95 support an applicant must have a pending asylum claim, be over 18 and pass a destitution test; most asylum seekers are generally not allowed to work and so remain ineligible for contributory benefits [2] [1] [3].
1. Eligibility in plain terms: who gets asylum support
The core rule is simple: people claiming asylum are excluded from mainstream welfare and social housing but—because of the state’s duty to prevent destitution—can apply to the Home Office for asylum support if they are destitute, typically receiving accommodation and a weekly subsistence payment [1] [4]. The detailed mechanics differ by scheme: Section 95 provides support for adult asylum seekers with a pending claim who meet the destitution test; Section 98 provides short-term emergency accommodation; Section 4 is a narrow safety-net for certain refused asylum seekers who still meet specific criteria and the destitution test [2] [1].
2. The “destitution test” is decisive
Most official eligibility turns on destitution: applicants must show they have no accommodation and/or no means to support themselves. Sources repeatedly state that Section 95 is awarded when a person with a pending claim is over 18 and passes the destitution test; Section 4 similarly requires passing that test alongside other narrow criteria for refused applicants [2] [5]. The Home Office, not local councils, administers these payments and placements [1].
3. Age, claim status and timing matter
Eligibility depends on legal status: asylum seekers with a pending claim are the main recipients of Section 95 support, whereas those granted refugee status move to mainstream benefits (and Home Office asylum support normally stops shortly after positive decisions) [2] [6]. The timeframe for the “move-on” period from asylum accommodation after grant of status was extended temporarily in late 2024, and official guidance gives specific notice periods before support ends [7] [6].
4. Work and contributory benefits: why most are excluded
Most asylum seekers are not permitted to work while their claim is considered; without work, they cannot build the National Insurance record required for contributory benefits, and therefore are excluded from most mainstream welfare entitlements [1] [3]. Once granted refugee status, unrestricted work rights and access to mainstream benefits follow [8].
5. Health, children and local services: narrower entitlements
Even when excluded from mainstream benefits, asylum seekers retain access to some public services: free NHS care and potentially free prescriptions and dental treatment if they receive asylum support; children have state education entitlements and some childcare entitlements; local councils may run discretionary schemes such as concessionary travel [1]. The precise package often depends on whether asylum support is being received because that affects eligibility for HC2 certificates for health costs [9] [1].
6. Numbers, spending and political context
Official framing stresses a legal duty to prevent destitution and notes the scale of Home Office support: as of June 2025, roughly 106,000 people were in receipt of asylum support and about 103,000 were provided accommodation, illustrating the operational scale of the support system [10] [9]. Political debate is active: proposals to make some support discretionary or change eligibility criteria have appeared in reporting and government statements, signalling potential future shifts [11] [10].
7. Practical red flags and where sources differ
Guidance documents and charities align on the basic tests (pending claim + destitution + age for Section 95), but reporting highlights differences in emphasis: government material frames support as a legal duty and quantifies recipients [10], while charity and rights groups focus on procedural complexity and vulnerability, and emphasise that some refused applicants may still access narrow schemes [2] [7]. Available sources do not mention every procedural detail—such as exact documentary evidence required at application—so applicants should consult the Home Office or specialist legal advisers for case-specific steps (not found in current reporting).
8. Bottom line for asylum seekers and advisers
If you are an asylum seeker who is homeless or has no funds, the primary route to state help is an asylum support application administered by the Home Office; eligibility rests on having a pending claim (or narrow alternative criteria for refused applicants) and passing the destitution test [1] [2]. After a grant of refugee status, asylum support typically ends and mainstream benefits become the appropriate route, so timing matters for claimants and advisers [6] [8].
Limitations: this summary cites government briefings, charity guidance and reporting available in the provided sources; it does not attempt to restate procedural forms or exhaustive documentary rules that the Home Office sets out in full guidance (available sources do not mention those granular application forms).