Guidance

Claim a subsistence rates back payment: victims of modern slavery

How potential victims of modern slavery, who are eligible, can claim a back payment of subsistence rates.

Judicial review ruling

On 30-31 October 2018, the High Court heard a judicial review claim in the case of AM and K v SSHD, which considered changes to subsistence rates for potential victims of modern slavery.

The judge found that the position since March 2018, where potential victims receiving asylum support have received £37.75 per week and non-asylum seeking potential victims have received up to £65 per week, was unlawful.

After the ruling on 8 November 2018, the Home Office immediately reinstated the top-up paid to potential victims of modern slavery receiving asylum support, so that they receive a total of £65 per week.

If you have been affected

The Home Office has put in place a process so that those who have been affected receive a full back payment as soon as possible.

Eligibility for a back payment

You are entitled to a back payment if, at any point between 1 March 2018 and 8 November 2018 (both criteria below need to apply to you):

  • you were receiving support through the National Referral Mechanism (NRM) as well as under section 4(2) or section 95 of the Asylum Support Regulations 2000
  • you received less than £65 financial support in total per week

Amount of back payment

If you are entitled to a back payment, the amount of money you receive will be based on:

  • how long you were receiving NRM support between 1 March and 8 November 2018
  • the amount of money you received during that time

Claim a back payment

If you are currently receiving support through the NRM and/or the asylum system

You will receive a letter from the Home Office setting out how much money you are entitled to and when you will receive the payment. The payment will be made to your ASPEN card. You will receive the payment in a single lump sum or in instalments, depending on how you currently receive financial support. Further information will be provided in the letter.

If you believe you are eligible for a payment but do not receive a letter from the Home Office by 15 February 2019, tell your NRM support provider or complete this application form.

If you have any concerns about your payment or this process, contact vvcenquiries@homeoffice.gov.uk.

If you are no longer receiving support through the NRM and/or the asylum system

If you were receiving support through the NRM and asylum system during the relevant period but have since exited both support systems, complete the application form.

Email it to vvcenquiries@homeoffice.gov.uk or post it to:

Modern Slavery Unit
Home Office
2 Marsham Street
London SW1P 4DF

You will receive a letter from the Home Office setting out how much money you are entitled to and when you will receive the payment. The payment will be made to your bank account. Further information will be provided in the letter.

If you have any concerns about your payment or this process, please contact vvcenquiries@homeoffice.gov.uk.

More information

If you have any questions or concerns about your back payment, contact vvcenquiries@homeoffice.gov.uk.

If you have any questions or concerns about your ASPEN card, or you intend to leave the UK and require a back-payment balance to be transferred from your ASPEN card, contact the Sodexo helpline on 01276 607099.

If you have any concerns about managing your money or budgeting, there are several free and impartial resources that we recommend:

For information on how and why the Home Office will use your information and your rights under General Data Protection Regulations see the privacy information notice.

Published 17 January 2019