Adult victims of human trafficking and exploitation: guidance on support - consultation: easy read

Information on support for victims in Scotland

Accommodation Before a Reasonable Grounds Decision

A law called the Housing (Scotland) Act 1987 says that local councils must give advice and temporary or permanent accommodation to anyone who is homeless or may become homeless.

Adults who are homeless and who have recourse to public funds can get permanent accommodation, usually after some time in temporary housing.

Having recourse to public funds means having the legal right to get some UK benefits and housing support.

Adults with no recourse to public funds cannot get local council housing or homelessness support.

But local councils must still offer free homelessness advice.

Emergency accommodation must be provided where other available options:

• are not suitable
• are not safe because the person could still be exploited
• would leave the adult with no money

A support provider must refer a trafficked or exploited person adult to the local council or support organisations if they have needs they cannot safely manage like issues with:

• drugs or alcohol
• their health

so they can then arrange housing and support.

Support providers should carry on supporting and use the Migrants’ Rights and Entitlements Guidance.

Transport to accommodation is arranged when needed.

This is the end of Part 1.

Now please move to Part 2 of this document.

Financial support is made up of:

• Essential Living Rate or ELR for short

It covers the cost of things people must have like food, clothing and things people use to wash and take care of their body like soap, shampoo and toothpaste

• Recovery Rate or RR for short

This covers the cost of social, psychological, and physical recovery needs.

ELR

The ELR is £49.18 per week for those in accommodation where they make their own meals.

The Scottish Government is still thinking about the rate for people in accommodation where meals are provided.

ELR continues until:

• a needs assessment confirms it is no longer needed
• or the victim leaves trafficking support

ELR is not normally paid if:

• living needs are covered by asylum support
• the person cannot get Universal Credit because of the amount of money they have

Potential victims may get ELR before a Reasonable Grounds decision if they have no income and are at risk of destitution.

If this happens then a victim can get ELR from the date they entered support.

Recovery Rate or RR for short

RR is paid to all victims after a positive Reasonable Grounds decision.

It is paid for 90 days or until a needs assessment shows that the victim does not need the money.

The money can be paid for longer than 90 days if an assessment shows it is needed.

RR stops after a negative Conclusive Grounds decision.

Child Dependent Payments

These payments are for victims living with children they care for in Scotland if the adult gets ELR.

Payments per child are:

• £49.18 per week per child living with adult victim
• £9.50 per week more for each child until their first birthday
• £5.25 more per week for children aged 1–4

Pregnancy and Maternity Payments

Support for victims who are pregnant or have very young child dependents include:

• £5.25 per week for pregnant women
• a £300 maternity grant for a child within 8 weeks of due date, or a baby under 6 weeks old when a person enters trafficking support

Victims getting asylum support or support under Schedule 10 of the Immigration Act 2016

Potential victims getting asylum support do not get the Essential Living Rate because asylum or Schedule 10 support already covers basic living needs.

They can get the Recovery Rate if they meet the rules.

Victims getting Universal Credit

Victims who get Universal Credit cannot get the Essential Living Rate.

They can get the Recovery Rate if they meet the rules.

Child dependent payments may be reduced or stopped if a victim gets the Universal Credit Child Element.

Universal Credit payments for disabled children or childcare do not affect trafficking-related financial support.

Financial support in emergency accommodation

Victims get the ELR payment from the day the person enters support.

The Recovery Rate is only paid from the date of a positive Reasonable Grounds decision.

Extra financial support may be provided to fund recovery‑related services not covered by the Recovery Rate.