Section: Housing Benefit & Council Tax

New Regulations

Asylum Seekers Can Apply For Benefits

An Appeal Court hearing in the House of Lords ruled that asylum seekers, who have been granted temporary admission to the UK by the Home Office and are from countries that have ratified the European Convention on Social and Medical Assistance or the Council of Europe's Social Charter, are entitled to claim UK benefits, including Housing Benefit and Council Tax Benefit, and also should have access to advice on homelessness.

The Lords found that asylum seekers who had temporary admission to the UK, as granted while the Home Office makes a decision on an asylum case or pending removal abroad, were lawfully present in the UK. They, therefore, are entitled to claim UK benefits. The ruling will also apply to any countries that ratify the convention or the charter at a later date.

Previously, those coming to the UK from the EU have not been able to claim benefits until they have worked here. This new ruling suggests they will be able to claim UK benefits even if they have not worked here. This may, however, need to be tested in Court.

Housing Monthly Diary

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Issue: January 2006 Reporting on Sept.-Dec. 2005

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