startnewlife Mendee CIC · London

Section 4 — after asylum refusal

Updated: 10 May 2026
In short

Section 4 is support for people who have been finally refused asylum. The conditions are narrow: you must meet one of the 5 criteria (reg 3 of the 2005 Regulations). You receive housing + £49.18/week on ASPEN, but without the ability to withdraw cash.

5
criteria
one of them is mandatory
£49.18
per week
without cash on ASPEN
2 June
2026
rules change
⚠️ Rules change on 2 June 2026. The current Section 4 framework still works. What will change: illegal-working ground for termination + duty→discretion shift for S95. Section 95A (21-day grace, no appeal) — still a consultation, not law. More details below →

5 criteria — who qualifies

To get S4 you need destitution + one of these 5 cases. Each requires a specific document as evidence.

1. You are taking all reasonable steps to leave the UK
Evidence: Assisted Voluntary Return (AVR) reference number + correspondence with your country's embassy (passport, travel documents).
2. Medical inability to travel
Evidence: Section 4 Medical Declaration form (completed by a doctor). If pregnant 34+ weeks — original MAT B1.
3. No viable route back to your country
Evidence: embassy refusals, lack of transport, war / closed borders.
4. Judicial Review filed with permission to proceed
Evidence: copy of the court order granting permission. England and Wales only.
5. Without support — breach of human rights (Article 3 ECHR)
Evidence: further submissions receipt (new protection-based grounds), out-of-time appeal, JR submitted but not yet accepted, or other reasons you cannot leave.

If you are not sure which criterion applies to you — call Migrant Help 0808 801 0503 or find a solicitor (here).

What you get on S4

  • Housing — no choice basis (you do not choose)
  • £49.18 per week per person on an ASPEN card
  • ⚠️ ASPEN without cash — the card only works in shops. You cannot withdraw cash.
  • Extra payments for pregnant women and children under 3 (same as S95)
  • NHS — free healthcare

How to apply for S4

The same process as Section 95 — form ASF1 through Migrant Help. In the application you indicate S4 and attach evidence of one of the 5 criteria.

Decision is usually quick (around 5 working days) if the documents are complete.

Full ASF1 process →

⚠️ What changes in 2026

27 March 2026 (already in force):
Amendment to the Asylum Support Regulations 2000 reg 20(1) — illegal working becomes an explicit ground for terminating S95 and S98. (uksi/2026/209)

2 June 2026:
• The same rule for Section 4 (amendment to the Provision of Accommodation to Failed Asylum-Seekers Regs 2005 reg 6).
• Reception Conditions Regs 2005 reg 5 is repealed — the Home Office's duty to provide asylum support becomes a discretionary power.

In consultation (5 March 2026, NOT law yet):
New Section 95A:
• Single refused applicants: 21-day grace period after refusal
• Families with children: 90 days
No statutory right of appeal (ASAP route is abolished)
• Medical help / advice against travel no longer counts as a "genuine obstacle"

This is still a proposal. It may become law, it may be dropped.

Full overview of the reforms — NACCOM →

Frequently asked questions

Who qualifies for Section 4?

People who have been finally refused asylum (all appeals exhausted) AND meet one of the 5 criteria under reg 3: taking reasonable steps to leave / medical inability to travel / no viable route back / Judicial Review pending with permission / breach of Article 3 without support.

How much money and what housing?

£49.18 per week per person — same as Section 95. Housing (no choice). BUT ASPEN <strong>without</strong> the ability to withdraw cash — only purchases in shops.

What changes on 2 June 2026?

Illegal working becomes an explicit ground for terminating S4 (as with S95). Reg 5 of the Reception Conditions Regs is repealed — the Home Office's duty to provide asylum support becomes a discretionary power. Section 95A with a 21-day grace period — still a consultation, not law.

How do I apply for S4?

The same ASF1 form through Migrant Help (0808 801 0503), but on the form you indicate Section 4 and attach evidence of one of the 5 criteria.

What if S4 is refused?

🚨 3 days to appeal to the Asylum Support Tribunal (form E09, ASAP provides free representation).

📞 Migrant Help — 0808 801 0503
⚠️ StartNewLife is an information project — not regulated by the IAA (Immigration Advice Authority). We do not provide immigration advice within the meaning of Section 84 of the Immigration & Asylum Act 1999. All content is general information only and does not replace advice from a regulated lawyer (IAA / SRA / BSB) about your specific case.