Repaying asylum support: clause by clause
Clauses 23–24 of the Immigration and Asylum Bill (HC Bill 105) — quoted in full and explained plainly. The Act itself only creates a power to require payments plus one protective floor. Almost all the figures (amount, income threshold, calculation) are left to separate regulations made later.
📖 This is the detailed breakdown for people who need to be precise. If you only need "does this affect me", go back to the short page. Quotes from the bill are shown in the original wording, with a plain explanation beneath each.
Where it sits in the bill
The power is created by clause 23 in Part 4 of the bill, headed "Power to require payments from recipients of asylum support".
It is a free-standing new power — it does not amend section 4 or section 95 of the Immigration and Asylum Act 1999; it only refers to them to define which support is in scope. If passed, the bill would be the Immigration and Asylum Act 2026.
The power itself — clause 23(3)
Who counts as "receiving asylum support" — clause 23(2)
Three kinds of support are in scope:
- Section 4 — housing for those refused but with a reason to remain (for example, an appeal).
- Section 95 / 95A — housing and/or living money while a claim is decided. This is the most common case.
- Section 17 (Nationality, Immigration and Asylum Act 2002) — accommodation in accommodation centres.
Note: per the government's ECHR memorandum, the rule applies regardless of current status — to recognised refugees and to those refused alike. What determines scope is the type of support received, not who you are now.
What is on the face of the law, and what is left to regulations
This is the key to everything: the Act itself is almost empty of figures. Nearly all the detail is delegated to secondary legislation (regulations) made separately and later.
- The power to require payments (23(3))
- The bar on causing destitution (23(5))
- The exemptions for children and for those already receiving support (23(6))
- Non-payment becomes a recoverable debt (24(7))
- The amount and how it is calculated (23(4)(a))
- The income threshold and what "sufficient means" is (23(4)(b))
- Timing, the way people are notified, and collection
Regulations on the amount and "means" use the affirmative procedure (a vote in both Houses); those on exemptions and collection use the negative one. The Delegated Powers Memorandum justifies this by noting the figures "can reasonably be anticipated to change regularly" (uprating).
The bar on destitution — clause 23(5)
Who is exempt — clause 23(6)
- (a) Children. Anyone who was under 18 the whole time they received support is fully exempt.
- (b) Current and past recipients. Anyone who started receiving support before the rule comes into force is exempt. That is why the rule is strictly forward-looking: the government's Impact Assessment says plainly it will apply to those who claim asylum after the commencement date. There is no calendar date in the Act — a minister will set it by order.
- (c) Other categories — in regulations. Further exemptions (for example, being discussed for modern-slavery victims) will appear in separate regulations, not in the Act itself.
⚠️ There is no separate exemption on the face of the law for vulnerable people (torture survivors, serious illness, disability) — only the means test and the destitution bar.
How it will be recovered — clause 24
- Through the tax authority (HMRC). Clause 24(4) lets the regulations bring in HMRC to collect via the tax system. And clause 24(6) amends section 40 of the UK Borders Act 2007 so HMRC can share tax data to determine and recover these payments.
- Through the benefits system — "being explored". The press release mentions collection via the tax and benefits systems. But the text of the law says nothing about benefits or the DWP — only HMRC. That part is an intention, not a provision.
- Leaving and returning. Per the government's announcement, anyone who leaves the UK must clear the debt before returning (this is not written in the text of the law — it is a stated intention).
The amount, and how it is worked out
£10,000 is an estimate from the press release, not from the law. The gov.uk announcement says: "migrants are expected to have to pay a total sum of around £10,000… a contribution to the overall cost". This figure is in none of the bill, the memoranda, or the Impact Assessment — the amount will be set in regulations.
It is not worked out from what you used. Per the ECHR memorandum (§29), the sum is derived from the total cost of the system for everyone, averaged (type and "average" duration of support). So it is a flat contribution, not a bill for your specific accommodation.
It can be higher with dependants. Clause 24(1)–(3) expressly allows the sum to be calculated by reference to whether you received "dependant support" — i.e. you applied for support for yourself and family members (dependants). "Dependant" is defined by section 94 of the Immigration and Asylum Act 1999 (or section 20 NIAA 2002 for accommodation centres).
"Like a student loan" is a media phrase. The words "income-contingent" or "student loan" are not in the text of the law. The law says only: you pay above some threshold and never to the point of destitution. The £26,900 figure from the press is the student-loan threshold (a comparison), not the asylum threshold. The threshold for this rule has not been named.
ILR (settlement) — what is actually the case
The government says: "Migrants will be required to pay off the full amount before being eligible for settlement". But the words "settlement", "indefinite leave" and "ILR" do not appear anywhere in the text of the bill. If such a condition is introduced, it will be through the Immigration Rules, not this Act. That distinction matters: the Home Office can change the Rules faster and separately from a parliamentary Act.
Numbers and context
- Per official statistics (Refugee Integration Outcomes): 77% of refugees in work earned under £10,000 in their first year after status, 17% earned £10–20k, and only 6% earned £20k+. Few reach above the likely threshold.
- Around 13% of people granted status were earning £20,000+ five years later (a figure cited in the press).
- The "£13,000" in the press = £10,000 repayment + the existing ILR fee (£3,000+). That arithmetic is from commentators, not an official figure.
What experts say
It will raise little: this is a means-tested payment on a very low-income population. The effect on public finances is likely to be small.
"An extra tax on refugees… unfair, impractical". The built-in contradiction: people are barred from working during their claim → forced onto support → then charged for that same support.
"Performative cruelty" and "the opposite of integration" — a burden on vulnerable people who are rebuilding their lives.
Status and what happens next
Immigration and Asylum Bill (bill 4254, HC Bill 105): 1st reading — 30 June 2026, now at 2nd reading in the Commons. Next: committee → report → 3rd reading → House of Lords → Royal Assent. Only after that does a minister bring the clauses into force and publish the regulations with the amount and threshold. Until then nothing is in force. We will update this page at each stage.
This page explains the text of a bill and is not legal advice — we are not IAA-regulated advisers. Check a regulated adviser at iaa.gov.uk. Free help: /lawyer.