It is well known that there are restrictions on asylum seekers (both those with pending applications, and those whose applications have been refused) in terms of their entitlement to social security benefits. It is less well known that a person from abroad may be entitled to care services in certain circumstances, although the provision is being restricted. The questions to be asked are:-
- Is an adult eligible under the relevant care legislation?
- If so, do the adult and the service fall within the scope of schedule 3 to the Nationality, Immigration and Asylum Act 2002, which would remove or restrict the provision of services?
- If so, will the person’s EU or ECHR rights be breached if no provision is made?
- If not, is the person entitled to “packing up assistance” under the Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002?
- How does the law deal with (a) unaccompanied asylum seeking children (b) children in asylum seeking families (c) children in other families who need support, for example because of the family’s destitution.
The webinar surveys the case law which has led to the present scheme, and plots a way through the complexities of the different forms of provision both for adults and for children. We will cover:-
- Eligibility under the Care Act 2014;
- The provision of accommodation;
- How the law treats persons subject to immigration control;
- When a person from abroad may qualify for accommodation and essential living needs – R (SG) v Haringey at first instance and in the Court of Appeal;
- The effect of section 117 of the Mental Health Act 1983;
- The use of the Localism Act 2011;
- Asylum support;
- Children from abroad.
- 1 hours
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