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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.

Key facts
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: a copy of the court order granting permission (England and Wales — Part 54 CPR; Scotland — Rules of the Court of Session; Northern Ireland — Order 53 RSC (NI)).
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 →

Where to write

Migrant Help free helpline: 0808 8010 503

These inboxes are read Monday to Friday, 9am to 5pm. If it is urgent, call the free helpline 0808 8010 503, use Webchat, or open Raise an Issue on the Migrant Help site. The line for eligibility and changes of circumstances (EAGL) runs Monday to Friday, 8am to 8pm.

All Migrant Help and Home Office addresses

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 without 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).