Policy background Support for certain categories of migrant
Support is provided to asylum seekers under section 95 of the 1999 Act. Support is usually provided in the form of accommodation and a weekly cash allowance to cover the asylum seeker’s essential living needs. Section 94(5) allows section 95 support to continue after the asylum claim has been finally determined if the failed asylum seeker has with them a dependent child. Section 4(2) of the 1999 Act provides the basis for supporting other categories of failed asylum seeker.
	The Government believes that support should be provided to asylum seekers, as required by our international obligations, but it should not be provided to failed asylum seekers who have had their claim refused, who have exhausted any right of appeal they may have and who could and should leave the UK. On 4 August 2015 a consultation, 'Reforming support for failed asylum seekers and other illegal migrants', sought the views of interested parties. On 3 November, the Government published their response to the consultation. The Act amends the asylum support system, taking into consideration the responses submitted.
	The Act simplifies the basis on which local authorities assess and provide accommodation and subsistence support for destitute families without immigration status, while continuing to enable any other social care needs of a child of such a family to be met by the local authority. The Act also prevents local authorities from providing care leaver support to adult migrants without immigration status, including failed asylum seekers who have exhausted their appeal rights. It makes alternative arrangements for their support prior to their departure from the UK.
	When unaccompanied children are identified by immigration officers they are referred to local authority care. This means that certain local authorities have significant responsibility for the care of migrant children because of the presence of large ports of arrival in their locality. For example, Kent County Council is responsible for unaccompanied children referred from the Port of Dover and the London Borough of Hillingdon is responsible for unaccompanied children referred from Heathrow Airport. The Act contains measures to enable the transfer of these children between authorities to achieve a more even distribution.