Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) (Amendment) Regulations 2026

Lord Hanson of Flint Excerpts

Tuesday 21st April 2026 Lords Chamber

Moved by

[Lord Hanson of Flint]

That the draft Regulations laid before the House on 5 March be approved.

Relevant document: 55th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

My Lords, these instruments—the Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) (Amendment) Regulations 2026 and the Asylum Seekers (Reception Conditions) (Amendment) Regulations 2026—were laid before the House on 5 March 2026. They relate to the Government’s stance that asylum support should be provided in a manner which is fair and only where it is genuinely justified.

These instruments are a key element of our sweeping reforms to create a fairer, more accountable system, one that protects support for those who genuinely need it while encouraging compliance and deterring misuse. Noble Lords might be interested in the fact that, as of December, there were 107,003 individuals in receipt of asylum support, with 30,657 in around 200 asylum hotels. In the financial year 2024-25, a total of £4 billion was spent on asylum support in the United Kingdom.

The Government inherited that situation and have to try to look at how we can reduce overall asylum costs. The Government have already reduced overall asylum support costs by 15% over that period, and we must continue to look at how we can make further reductions in the cost to the taxpayer.

One of the instruments before the House today removes the duty to provide asylum support, reverting to the discretionary power set out in the Immigration and Asylum Act 1999. This reinforces our ability to make case-by-case decisions and gives the Government greater flexibility in how we assess and distribute asylum support. It also allows us to take firmer action against those who do not comply with the rules.

For example, removing Regulation 5 allows us to withhold support from individuals who have permission to work and therefore should be supporting themselves. This includes those who entered the UK on work or student visas after explicitly confirming, as part of their visa application, that they had sufficient funds to meet their living costs for the duration of their stay. It is not acceptable for individuals to make such declarations in order to secure entry and then subsequently claim asylum and move on to taxpayer-funded support.

The same principle applies to those granted permission to work where their asylum claim has been pending for more than 12 months through no fault of their own. Where a person has the legal ability to earn and maintain themselves, it is only right that they do so. Reinstating this discretionary power also enables us to deny support to those who have intentionally made themselves destitute in an attempt to access the system. This is essential to protecting the integrity of our approach and ensuring that support is reserved for those who genuinely need it.

The other instrument we are debating today focuses on illegal working and makes doing so an explicit reason to discontinue an individual’s asylum support. Previously, where an individual was suspected of working illegally, this had to be investigated as fraud or concealment of funds to establish that they were no longer destitute. By setting out clearly in legislation that illegal working is itself a breach of asylum support conditions, we create a direct and transparent mechanism to discontinue support, without the need for protracted fraud investigations.

Most asylum seekers do not have the right to work in the UK, yet some choose to work illegally while also claiming asylum support and accommodation. I suggest to noble Lords that that is not right. This undercuts legitimate businesses and takes genuine work opportunities away from other citizens. It is unlawful to undertake work without the requisite authorisation, and this measure ensures that there is now a clear and proportionate consequence for those who choose to disregard that requirement.

Through the statutory instrument before the House, illegal working will be an explicit ground on which Section 4 support may be withdrawn from failed asylum seekers, therefore aligning with the changes made to Section 98 and Section 95 support that were laid on the same date as these instruments and came into force on 27 March. This ensures that public resources are directed only to those who abide by the rules and who genuinely cannot support themselves, reinforcing the credibility and fairness of the system as a whole.

Taken together, these measures will deliver a coherent system in which support aligns with responsibility. I emphasise to the House that this shift is about fairness and responsibility. Rights must come with responsibilities, and the British taxpayer cannot be expected to fund support for individuals who deliberately disregard the rules of the asylum system and the laws of the United Kingdom.

Crucially, none of these changes alters the legal safeguards that remain firmly in place. Our human rights and equality obligations will continue to provide strong protections, ensuring that we operate within a framework that upholds fundamental rights. Our intention is to provide greater flexibility over who we provide support to, ensuring that support is targeted, proportionate and sustainable. The revocation of Regulation 5 is an enabler for the development of a new framework that provides us with the ability to make changes in relation to those who have the ability to support themselves or who fail to comply with the conditions set by the Home Office or who break UK law.

This is the first step in building a modern and controlled asylum support system, which protects the vulnerable, encourages compliance and ensures public confidence. By tightening eligibility, we strengthen public confidence in the system and, I contend to the House, ensure that support is focused on those who play by the rules. I commend both orders to the House.

[Baroness Teather (LD)]

My Lords, I see some of the same noble Lords in their places for this debate that were here for the debate last Tuesday. I trust that the Minister is feeling much better.

As with last week, these SIs on asylum support leave much unclear and have been tabled before the accompanying impact assessments or the framework the Minister just referred to, which would help the House understand the implications. I cannot approach a debate about destitution in the asylum system as an entirely abstract topic. I cannot not see the faces of the asylum seekers and refugees I had the privilege of working with at the Jesuit Refugee Service over a nine-year period. They were men and women from many different countries who, for one reason or another, found themselves destitute along their asylum journey.

--- Later in debate ---

[Lord Davies of Gower (Con)]

My Lords, the noble Baroness, Lady Bennett of Manor Castle, is in a very perceptive mood today. Yes, indeed, in a rare turn of events, I find myself in agreement with most of what the Minister said in this debate, and I join him in supporting these two statutory instruments.

The first instrument, the draft Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) (Amendment) Regulations 2026, amends the 2005 regulations of the same name. It makes a very simple but vital amendment to the 2005 regulations. The change that the Government are making, as the Minister outlined, is to permit the Secretary of State to create a new condition that failed asylum seekers can be subjected to. Under the 2005 regulations, a number of conditions can be placed on a failed asylum seeker who receives asylum support. Although illegal working is a criminal offence, it does not currently constitute a breach of their conditions. This, of course, is plainly wrong, and I am glad that the Government are making this change.

The second statutory instrument relates to the support provided to asylum seekers. At present, the Asylum Seekers (Reception Conditions) Regulations 2005 require the Home Secretary to provide support to an asylum seeker where the Home Secretary believes that the asylum seeker in question meets the conditions in Section 95 of the Immigration and Asylum Act 1999. The 2005 regulations therefore go further than the original wording in the 1999 Act. Section 95 states only that the Secretary of State may provide such support, and these regulations remove that legal duty on the Home Secretary. This is something that I entirely support.

The problem here is that, although Section 95 of the 1999 Act states that support may be provided if an asylum seeker is destitute, we know that this is not the reality. There are some who may be tempted to take the language in the Act at face value and criticise the Government’s plan for taking away support from those who cannot support themselves. This would be a wholly incorrect misinterpretation; in reality, the Government have a duty to provide support for virtually every single asylum seeker, regardless of whether they can support themselves. There is also a tranche of people who deliberately make themselves destitute so as to game the system and receive the generous, taxpayer-funded support.

It is also important to note that this is a Brexit benefit. The regulations that introduced the mandatory duty were passed in 2005 to implement EU law. The Government’s asylum White Paper acknowledges this. Can I say how welcome it is to see the Government making full use of the advantages of Brexit, even while they are trying to undermine it in some other areas? I have one observation, however: this change would make sense if the Government were adopting the Conservatives’ plans to deport all illegal migrants within a week, regardless of whether they have claimed asylum. If they were implementing that policy then those asylum seekers would not require any support from the Home Office, as they would have been detained and then deported. Unless the Minister has suddenly had a change of heart, which I doubt, there are some questions that need answering. If the Government are not going to start deporting all these illegal migrants but will be withdrawing support from them, what do they believe will happen? I would welcome some greater clarity on this from the Minister.

It would also not be right if I gave the impression that I am praising the Government for somehow solving the illegal migration crisis. The Government still refuse to establish a third-country removal centre to act as a deterrent; they still refuse to ban illegal migrants from claiming asylum; and they still refuse to take action to end the scam illegal industry around the asylum system. Where the Government have taken action, we will commend them. As such, I welcome these two statutory instruments, but the Government really still have a long way to go to truly get to grips with this problem. They need to introduce a strong deterrent and to dramatically ramp up deportations. It is my firm opinion that until that happens and until we leave the ECHR, the boats will not stop and this crisis will not end.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord, Lord Davies of Gower, who I remind the House had stewardship of this challenge and problem with his Government—including the noble Lord, Lord Murray, whose support I welcome —until 5 July 2024. Since that date, we have tried to make some progress on the 400-plus hotels that were operational at the cost of billions of pounds; with a backlog of asylum claims; with, in my view—I know this is debateable and is not the noble Lord’s view—very little action on the question of small boat crossings; and with obvious abuses on overstaying visas and asylum claims.

Since July 2024, we have tried to put in place a number of steps to speed up claims for asylum, to support people who have a right to be here and remove those who do not, to reduce the level of hotel use, which we have now done, from 400 down to around 200, and to try to end some of the abuses that we believe exist. It is an ongoing challenge and an ongoing process, but we are trying to do that in a context of published documents, published papers, an approach of fairness and meeting our international obligations.

--- Later in debate ---

[Baroness Lister of Burtersett (Lab)]

I thank my noble friend for addressing those issues. Is the intention eventually to put the 42 days into a statutory instrument? As I understand it, that is the case with the current 28 days. So if this is the new normal, it would make sense. Perhaps he will write to me if he does not want to answer that now.

[Lord Hanson of Flint (Lab)]

The intention is to have a 42-day period. We are publishing the evaluation very shortly. If my noble friend will allow me, I would rather reflect on this with my colleague, Minister Norris, who deals directly with these matters, on the mechanism to achieve that—but I will certainly write to her on that point when I have consulted with my honourable friend.

On the points raised by the noble Lord, Lord Davies of Gower, it is important to put on record that the Government reduced the number of migrants in asylum hotels by 19% in the year ending December 2025. Overall, asylum support costs fell by 15% in the year ending March 2025. The rules that we put in place today are designed to help us reduce those costs further by making sweeping reforms to the immigration and asylum system while meeting our international obligations. This sits alongside existing work which has seen illegal immigration and illegal working enforcement activity, going back to the point from my noble friend Lord Mann, reach in 2025 the highest level in British history. Those are important issues.

Under these proposals, we will tackle illegal working but we will not support those who have permission but choose not to, nor those who enter the country on a work or student visa with permission to work before claiming asylum, nor those who have been granted permission to work whose claims have been outstanding for more than 12 months, through no fault of their own. We will not support those who are non-compliant. This includes anyone who has not complied with the conditions we impose. That is fair to the British taxpayer. The revocation of the duty will not result in immediate changes, as I have said, to those who will receive asylum support. It is the start of the process, and development of this framework is ongoing. In collaboration with other government departments, I will bring regular updates to the House on behalf of my noble friend on what the changes are.

Finally, the noble Baroness, Lady Bennett of Manor Castle, raised allowing asylum seekers to work. That would undermine the principle of the work visa, whereby people come to the country to work. She shakes her head; this is an honest disagreement. It would undermine those points. The noble Lord, Lord Murray, asked about our assessment of neighbouring countries’ asylum policy issues. I do not have the information to hand, so, if I may, I will look at that and write to him to cover any points when I have reflected on what he said and read Hansard tomorrow. With that, I beg to move.

Motion agreed.