From 2 June 2026, the specific duty in Regulation 5 of the Asylum Seekers (Reception Conditions) Regulations 2005 was revoked. That means the Home Office’s asylum support framework has moved back to the discretionary powers in the Immigration and Asylum Act 1999, rather than the previous EU-derived duty to offer support to destitute asylum seekers.
This does not mean support automatically ends. Accommodation and financial help remain available in many cases, and important safeguards still apply, including human rights duties, equality duties and duties relating to children. But the change gives the Home Office more flexibility to refuse, suspend or withdraw support where it considers that support is not justified.
Here is what changed, when support may be withheld, and what safeguards remain.
From a duty to a power
The wording matters. A duty meant that, where the legal test was met, support had to be provided. A power means the Home Office may provide support, but decisions can be more conditional.
The destitution test remains central. You may be treated as destitute if you do not have adequate accommodation, cannot obtain it, or cannot meet essential living needs. You can still apply for asylum support if you are waiting for a decision or appeal and cannot support yourself.
The main support routes still sit under the Immigration and Asylum Act 1999. Section 98 covers temporary help while a section 95 application is being assessed. Section 95 covers support for asylum seekers and their dependants while a claim or appeal is pending. Section 4 support can apply to some refused asylum seekers who cannot yet leave the UK.
When support may now be refused or stopped
| Situation | What may happen | Key safeguard |
|---|---|---|
| You have income, savings or accommodation | Support may be refused, reduced or stopped | Destitution must still be assessed |
| You can lawfully work and support yourself | Support may be refused or stopped | Human rights and child welfare duties still apply |
| You work illegally or breach support conditions | Support may be suspended or stopped | The Home Office should investigate and consider destitution first |
| You deliberately make yourself destitute | Support may be refused | Decisions should be made case by case |
| You claim asylum late | Support may be refused under section 55 rules | Refusal can still be challenged where it would breach human rights |
Illegal working is now a specific issue in asylum support decisions. For section 95 and section 98 support, the relevant change came into force on 27 March 2026. For section 4 support, the related change came into force on 2 June 2026.
Even then, an accusation alone should not end support. Published Home Office guidance says the case should be investigated. The person should be interviewed, and the Home Office should consider whether ending support would leave them destitute. If there are signs of trafficking, forced labour or exploitation, referral through the National Referral Mechanism may be needed.
The safeguards that remain
Discretion is not a blank cheque. Refusing support in a way that leaves someone street homeless and unable to meet basic needs may raise serious human rights arguments. Duties to safeguard children and comply with equality law also continue.
You may still be able to challenge a refusal or withdrawal decision. Some section 95 support decisions can be appealed to the First-tier Tribunal (Asylum Support). Other decisions may need judicial review, especially where there is no ordinary appeal route or urgent risk.
Knowing the appeal route after a refusal and preparing an evidence bundle early often makes the difference. If your asylum claim has been refused and you are making fresh claims and further submissions, support may still be relevant. The right to work point also connects to employer right to work checks.
For context, current asylum support is usually £49.18 a week per person, paid onto an ASPEN card. If your accommodation provides meals, the amount is £9.95 a week per person.
Frequently asked questions
Does the 2 June 2026 change mean asylum support stops automatically?
No. Support can still be provided, but the Home Office now has more discretion over when it is refused, suspended or withdrawn.
How much is asylum support in 2026?
Current support is usually £49.18 a week per person, or £9.95 a week where accommodation provides meals.
Can you appeal if support is refused?
Some refusal and withdrawal decisions, especially section 95 decisions, can be appealed to the First-tier Tribunal (Asylum Support). Other cases may need judicial review.
Can you lose support for working?
Yes, if you work illegally or breach support conditions. The Home Office should investigate and consider the impact before ending support.
Speak to a specialist
If your accommodation or financial support has been refused or stopped, advice early can protect your position. Our immigration solicitors handle appeals and judicial review against Home Office decisions, and our immigration law firm can review your case quickly. Call +44 (0)20 7799 1600 or request a consultation today.
