HL Deb 25 May 2004 vol 661 cc121-2WA
Lord Hylton

asked Her Majesty's Government:

When and in what ways they intend to prevent hardship when asylum applicants from the 10 European Union accession states are required to leave temporary accommodation and how many children will be affected by this change.[HL2676]

Baroness Scotland of Asthal

From 1 May 2004 asylum seekers from the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Cyprus and Malta, ceased to be eligible for support from the National Asylum Support Service or a local authority under the Asylum Support (Interim Provisions) Regulations 1999. This is because of the effect of paragraph 5 of Schedule 3 to the Nationality, Immigration and Asylum Act 2002.

While these changes have been known about by people for some time, IND officials wrote to all those affected on 5–6 April to remind them of the changes and ensure that they were aware of their options after 1 May. Letters were sent to local authorities on 1 April asking that they ensure that cases whom they supported were aware of the changes. Additionally families directly supported by NASS were visited by officials during April to ensure that people understood their options. They can obtain work and register as workers under the Home Office worker registration scheme if from a country covered by the registration scheme, remain in the UK as jobseekers but become self supporting, or leave the UK.

Once they have secured employment and registered under the scheme, asylum seekers may become eligible for family tax credit and child benefit. If they are on low incomes they can also access housing benefit and council tax benefit. Part-time workers may also be eligible for income-based jobseeker's allowance or income support, provided they meet the usual conditions for those benefits.

If an accession state national wishes to return to his country of origin, he can seek assistance from the local authority who have a power under the Withholding and Withdrawal of Support (Travel and Assistant and Temporary Accommodation) Regulations 2002 to arrange travel. Local authorities also have the powers to provide short-term accommodation and support for families pending return. Additionally, the Immigration Nationality Directorate (IND) can make arrangements for their return.

Schedule 3 to the 2002 Act does not prevent the exercise of a power or the performance of a duty if, and to the extent that, its exercise or performance is necessary for the purpose of avoiding a breach of a person's convention rights or a person's rights under the Community Treaties. Accession state nationals who feel that their circumstances are such that support should continue to avoid such a breach are able to make representations to NASS or the local authority that was previously supporting them. Several hundred have done so. Support, whether from NASS or local authorities, will continue while the representations are assessed. Whether and for how long support continues after the assessment will depend on the facts in each case. If support is provided it will be on a temporary basis—our overall expectation is that they can find work, return home or become self-supporting.

Those families from the accession states who are still under consideration for the indefinite leave to remain project will continue to be supported until a decision is made.