The majority of participants in the study had claimed asylum and had had their claims for asylum refused. This section will therefore primarily concentrate upon the entitlements to support and accommodation for asylum-seekers. These provisions, combined with the current law and policy in respect of the entitlement to work, provide the legal and policy framework that results in such a high proportion of participants in the research being left destitute. However, as the analysis continues, it will reveal that there is a provision in domestic law283 that stateless or “unreturnable” persons can seek to rely upon to obtain low level support and accommodation, without having claimed asylum. There is, however, no evidence that participants in the study benefited from this possibility. In any event, it is a provision which could only ever provide support and accommodation for a short period. Support and accommodation on this basis would not provide an adequate solution for the needs of stateless persons. Asylum-seekers are, as a category, excluded from mainstream state benefits by operation of statute.284 However, the Secretary of State for the Home Department was given the power to provide support to asylum-seekers.285 This power has been interpreted by the courts as creating a duty on the Secretary of State to provide support where the criteria are met286 and is supplemented by a number of measures that aim to transpose provisions of the Reception Conditions Directive.287 However, this provision is only available to asylum-seekers, a definition that does not include undocumented stateless persons seeking recognition of their stateless status.288 This provides one possible explanation as to why stateless persons may be compelled to claim asylum even if they are not at risk of persecution. In addition, the asylum seeker has to show, if applying for support, that he or she will be “destitute” either due to a lack of ���adequate accommodation” or if he or she cannot meet the household’s “essential living needs” within 14 days, or if he or she has already been receiving support, within 56 days. These terms have been subject to extensive scrutiny and interpretation in Tribunals and Higher Courts. With regard to the current analysis it is important to note two points. First, stateless or “unreturnable” persons who do not make a claim for asylum or whose removal would breach Article 3 ECHR are not entitled to asylum support. Secondly, for stateless and “unreturnable” persons who make asylum claims that are subsequently refused and their appeal rights exhausted, the entitlement to asylum support ends. An exception exists if he or she has a dependent child under the age of 18 born before all asylum claims and appeals were rejected but, as described above, there are circumstances in which that exception can be revoked.289 98 283 Immigration and Asylum Act 1999, s4 (1). There are exceptions: for example those who had subsisting asylum claims in February 2006 or April 2000 and fall within separate transitional provisions. However, no participant in the study was eligible under these provisions. 284 See Immigration and Asylum Act 1999, s115. 285 Immigration and Asylum Act 1999, s95(1). “Asylum-seeker” in this context can be broken down into the following parts - as persons who are 18 years or older, and; who have made a claim for asylum as a refugee or a human rights claim under the Article 3 ECHR which has been recorded, and has made the claim at the port of entry or at a designated place (most commonly the Asylum Screening Unit at Lunar House in Croydon), and is awaiting the result of this claim or appeal (or is within the timescale for lodging a further appeal), or has a dependent child under 18 born before all asylum claims and appeals were rejected. 286 Hamid Ali Husain v. Asylum Support Adjudicator and SSHD, CO/105/2001, United Kingdom: High Court (England and Wales), 5 October 2001, available at: http://www.unhcr.org/refworld/ docid/3dec98bf4.html. 287 See Asylum Seekers (Reception Conditions) Regulations 2005, Regulation 5. 288 See Immigration and Asylum Act 1999, s115. 289 Willman, S. and Knapfler, S., op. cit., p.220. Mapping statelessness