16 May 2022
16 May 2022
This factsheet aims to explain what Schedule 10 (sch 10) support is, who is eligible, how to apply, and what happens if the application is refused. It provides only basic information. For a more detailed explanation of sch 10, please consult our sch 10 briefing. Updated 16 May 2022.
If you still have questions or need further information and advice after reading this factsheet, please contact our advice line on 020 3716 0283. It is open Mondays, Wednesdays and Fridays from 2pm to 4pm. Please note, this is a ‘second-tier’ advice line. This means that we can give advice to other advice workers but not to individual clients.
The Home Office (HO) offers support to destitute people who have claimed asylum either through s 95 or s 4 of the Immigration and Asylum Act 1999. However, it is also possible to get financial help and accommodation through sch 10, para 9 of the Immigration Act 2016 (IA16).
This avenue is support for people who are on immigration bail and who cannot apply for s4 or s95 support. Typical examples are: people who have never claimed asylum but have another kind of application outstanding, people who once claimed asylum but absconded or withdrew their asylum claims and certain categories of foreign national offenders (FNOs).
Below is the eligibility criteria under sch 10, para 9, IA16, and how this works in practice
Anyone who is liable to detention or is detained under immigration powers could be on bail.
Prior to the IA16, asylum seekers, refused asylum seekers and other migrants who were liable for detention, were placed on immigration bail, temporary admission or temporary release. These types restrictions have been replaced by immigration bail for everyone.
This means that, for example, an asylum seeker or a refused asylum seeker is likely to be on immigration bail even if they have never been detained, or informed about their bail.
The HO has confirmed that a residency condition need not be imposed before the person applies for sch 10. In practice this means the person must have nowhere to live and operates in a way similar to the destitution test.
The HO interim bail policy explains that sch 10 will be provided to those who would suffer a breach of human rights if support was not provided, and those who are high harm FNOs or Special Immigration Appeals Commission (SIAC) cases.
The HO interim bail policy The hyperlink will take readers to the HO offender management page; to find the exact policy scroll down the page. Please be aware that the Home Office has published two relevant policy documents: “Immigration bail” & “Immigration bail: interim guidance”. The Immigration bail policy document was updated in January 2022 but does not provide the latest information on sch 10 support. For up to date information on sch 10 support see Immigration bail: interim guidance states it may not be appropriate to provide sch 10 if someone is eligible for other forms of statutory support. It is important to be aware that if someone who is eligible for s4 or s95 applies for sch 10 it will be necessary to make a separate application on an ASF1 form for the relevant type of support.
The largest cohort probably eligible for sch 10, that refugee frontline organisations are likely to come across, are those whose asylum claims are withdrawn. If an asylum claim is withdrawn, either implicitly through absconding, or explicitly by the individual, they will not be considered as an asylum seeker or a refused asylum seeker. Therefore, this group is not entitled to s4 or s95 support. Please see our briefing on absconders and call our advice line. To qualify for sch 10 support, the person should generally have resumed their asylum application.
There are other groups who are eligible for sch 10 support. For example, those who have never claimed asylum but have an outstanding immigration application and therefore cannot leave the UK. And those who are unable to leave for medical reasons or are taking steps to leave but need support whilst their departure is organised. For more details on these groups see our sch 10 briefing, and the HO interim bail policy.
The application must be made on the Bail 409 Form. The form can be submitted via Migrant Help’s s4 email address (S4@migranthelpuk.org) or by post. It is important to be aware however, that Migrant Help do not assist in the filling out of the form. If the person is an FNO they must send the application to the FNO returns command accommodation team (fnorcaccommodationteam@homeoffice.gov.uk).
A fundamental difference with sch 10 support when compared with s4 or s95 is that support is not provided to dependents who would need to make their own independent application for sch 10 support. In practice therefore, it is not common for families to be on sch 10 support, as often they will be eligible for s17 support from their local authority.
Those on sch 10 support will also not be eligible for free secondary medical care.
Beyond this, sch 10 largely looks like s4 support. The weekly support amount is the same and the accommodation from the same providers as s4 support. Financial support is provided through the ASPEN card, and, like s4, cannot be used to take out cash.
There is no right of appeal against a refusal of sch 10 support. The only legal remedy is a judicial review. This is a significant difference between sch 10 and s4/s95 support where refusal brings a right of appeal to the AST.