Mixed households

11- Mixed households

HOW TO DEAL WITH APPLICATIONS WHEN PART OF THE HOUSEHOLD IS IN RECEIPT OF SOCIAL SECURITY OR LOCAL AUTHORITY SUPPORT

1. GENERAL

1.1 Separate instructions entitled "Social Security Benefits, Homelessness Assistance and Local Authority Support" explain which social security benefits or other support (such as local authority support), certain categories of person are eligible for. This document gives guidance on how to deal with applications made by asylum seekers from "mixed households", i.e. households that contain persons who are already in receipt of social security or other support.

1.2 As a general rule applicants should access other support if it is available. This will result in either refusal of support or, exclusion, depending on the particular circumstances of the case ( subject to consideration of available accommodation).

2. SUMMARY

2.1 ASYLUM SEEKER SOCIAL SECURITY MIXED HOUSEHOLD

Asylum seeker (A) in receipt of social security benefits and newly arrived asylum seeker (B) ( post 2 April on arrival or certain in-country asylum seekers ( see latest information on phased introduction of NASS scheme)) is spouse (or partner if they are living together as man and wife).

(A) can increase his social security allowances to provide support for (B)

If (A) has a priority need in his own right ( e.g. he has dependant children) and the local authority consider he is homeless, the authority would have a duty to secure accommodation for him and his whole household ( i.e. (A) and (B) . However in assessing whether he is homeless, the authority cannot take account of (B) (e.g. in assessing if the household are living in overcrowded conditions).

If (A) is not owed a duty to secure accommodation under the homelessness legislation, and the household does not have adequate accommodation it is open to them to seek accommodation themselves in the private rented sector. Housing benefit and council tax benefit are available to support those costs of accommodation, subject to normal DSS rules. The local housing authority will have a duty to provide advice and assistance if the household has been assessed as homeless but not in priority need.

If the accommodation is not adequate and the household have not been able to obtain alternative accommodation despite taking reasonable steps, then NASS may provide accommodation.

2.2 INTERIM SUPPORT MIXED HOUSEHOLD

Asylum seeker (A) in receipt of support from the local authority ( the interim scheme) and newly arrived asylum seeker (B) ( post 2 April on arrival or certain in-country asylum seekers ( see latest information on phased introduction of NASS scheme)) is spouse (or partner if they are living together as man and wife).

(B) qualifies as dependant of (A) under regulation 5 of the Asylum Support(Interim provisions) Regulations 1999 . The local authority that is providing support to (A) also has responsibility to provide support to (B).

2.3 NON-ASYLUM SEEKER SOCIAL SECURITY MIXED HOUSEHOLD

Non-asylum seeker (A) in receipt of social security benefits and newly arrived asylum seeker (B) ( post 2 April on arrival or certain incountry asylum seekers ( see latest information on phased introduction of NASS scheme)) is spouse (or partner if they are living together as man and wife).

(A) cannot increase his social security allowances to provide support for (B).

NASS take into account the social security benefit. NASS may provide a top up of vouchers ( up to the NASS rate).

If the accommodation is not adequate and the household have not been able to obtain alternative accommodation despite taking reasonable steps, then NASS may provide accommodation.

3. ASYLUM SEEKER SOCIAL SECURITY MIXED HOUSEHOLD

: SPOUSE IS IN RECEIPT OF "INCOME SUPPORT URGENT CASE PAYMENT"

3.1 Scenario:

A woman arrives in the UK and applies for asylum (or has arrived as dependant of her husband) in June 2000 and her husband is already in the UK. He is an on arrival asylum seeker and had applied for asylum before 3 April 2000. He is in receipt of Income Support Urgent Case Payments (UCP) from the Benefits Agency (a social security benefit).

3.2 In such circumstances the husband will be able to increase his UCP social security benefits, because under the DSS regulations he will receive an extra allowance for his spouse, regardless of her immigration status. Any application for NASS support made by the woman should be refused, because the extra allowance will meet her essential living needs (albeit through the husband’s DSS benefits).

3.3 Regulation 6 of the Asylum Support Regulations 2000 prescribes that any support which is reasonably available to the applicant or his/her dependants will be taken into account. It is not unreasonable to expect the husband to apply to the Benefits Agency for an increase in his UCP benefits due to his spouse joining him and to consider that this will be sufficient to meet her essential living needs. The refusal letter should reflect this.

3.4 If the applicant claims that their accommodation is not adequate (for example because it is overcrowded due to the arrival of the spouse) then it is not unreasonable to expect the household to find alternative accommodation in the private rented sector accommodation, the cost of which would be met by Housing Benefit ( within local reference rent limits).

3.5 In addition, if the husband had children already with him then they will have a "priority need" and it would not be unreasonable to expect him to approach the local authority who would be able to provide adequate accommodation under the homelessness legislation (a priority need is not conferred if the wife arrived with the children after 3 April 2000). However, if the only reason, that it was unreasonable to occupy the accommodation, was the arrival of the spouse, then the local authority would be unlikely to determine that the household is homeless. It may be necessary in some cases to obtain further information about the person's available accommodation. Please refer to case-working instructions, "Social Security Benefits, Homelessness Assistance and Local Authority Support" which gives further details on priority needs.

3.6 If the household is accepted as homeless but not in priority need under the homelessness legislation, the local authority would have a duty to provide advice and assistance in any efforts they made to find themselves accommodation in the private rented sector.

3.7 If an applicant claims that their accommodation is not adequate, for example because it is overcrowded and they did not already have a priority need, and they have not been able to obtain alternative accommodation, then case-workers should determine whether the accommodation is adequate as defined by Regulation 8 of the Asylum Support regulations 2000 (also see relevant section of Assessment case-working instructions which can be found on the F: drive).

3.8 If it is determined that the accommodation is not adequate, and the household have not been able to obtain alternative accommodation and they have taken reasonable steps to find alternative accommodation then NASS may provide the accommodation.

3.9 If the applicant has been staying in emergency accommodation and has been refused support under section 95, then the person is no longer entitled to support provided by grant funded voluntary sector organisations. This is because it is in breach of the terms of the grant agreements under which voluntary organisations provide temporary support.

3.10 It is for the applicant's spouse or partner to apply to the local authority for assistance. Caseworkers should not contact local authorities on behalf of the applicant.

3.11 When it is not reasonable to expect a person to access social security benefits through their spouse/partner's Income Support claim.

3.12 If an asylum seeker claims that they are estranged from their partner and do not want to access support via his/her social security benefits then this may be accepted on face value provided that they are not intending to continue to live with their partner. If eligible the woman should be offered vouchers and accommodation which are sufficient for her own essential living needs only (i.e. the spouse should not be supported). Case-workers may write to the relevant Benefits Agency advising them of our decision ( copied to the applicant).

4. INTERIM SUPPORT MIXED HOUSEHOLD

: SPOUSE/ PARTNER IS IN RECEIPT OF LOCAL AUTHORITY SUPPORT

4.1 Scenario:

A woman arrives in the UK and applies for asylum on arrival in June 2000. Her husband is already in the UK as an in country asylum seeker and applied for asylum before 3 April 2000. He is in receipt of local authority support.

4.2 The woman will be entitled to support by the local authority under the provisions of the Asylum Support (Interim Provisions) Regulations 1999 (i.e. the interim scheme) because she will qualify as a spouse under those regulations. The woman is therefore a person to whom interim support applies and is excluded from support under the provisions of regulation 4 of the Asylum Support Regulations 2000. Any refusal letter should reflect this.

4.3 For asylum seekers who claim in country prior to the 3 April 2000, support may be provided by local authorities under the Asylum Support (Interim Provisions) Regulations 1999 which came into force on 6 December 1999. For further information please refer to NASS Policy Bulletin number 10.

4.4 Regulation 5 of the Asylum Support (Interim Provisions) Regulations 1999 makes provision for support to be provided to the dependants of an assisted person where an assisted person is an asylum seeker who has applied for support and for whom support is provided.

4.5 These regulations define a dependant as:

a spouse;

a child of his, or his spouse who is under 18 and dependent on him

4.6 Other than the requirement to be in the United Kingdom there is no reference to the consideration of the Immigration status of the dependant.

4.7 The remaining definitions of dependants, with very minor differences, mirror regulation 2(4) ( c) to (i) of the Asylum Support Regulations 2000 which in most cases can be relied upon as reference material. For example, if a couple are not married one partner may qualify as a dependant provided that they have been living as a member of an unmarried couple for at least two of the three years before the day on which the claim for support was made. Cases of doubt can be referred to the Policy Unit via line management.

4.8 Person claims that interim support cannot be accessed

4.9 If the woman claims that she is estranged from her spouse and does not want to access support via her spouse’s interim support then her application should still be refused. This is because the person will still be eligible for interim support as a dependant, regardless of whether she is estranged from her partner. In such circumstances the local authority may provide separate accommodation.

4.10 If the applicant has been staying in emergency accommodation and has been refused support under section 95, then the person is no longer entitled to support provided by grant funded voluntary sector organisations. This is because it is in breach of the terms of the grant agreements under which voluntary organisations provide temporary support.

4.11 It is for the applicant's spouse or partner to apply to the local authority for assistance. Caseworkers should not contact local authorities on behalf of the applicant.

5. NON-ASYLUM SEEKER SOCIAL SECURITY MIXED HOUSEHOLD

: SPOUSE / PARTNER IS IN RECEIPT OF "INCOME SUPPORT"

5.1 Persons who have been recognised as refugees, granted exceptional leave or who are British Citizens are entitled to Income Support (a social security benefit-for further information please see Policy Bulletin number 10). If the spouse or partner of such a person applies for support (they may also include their spouse) then caseworkers should consider the case in the normal way. This is because persons in receipt of Income Support do not receive an increased allowance if they are joined by an asylum seeker spouse and/or children, although housing benefit is available where there is a qualifying tenancy.

5.2 The level of Income Support which the spouse or partner is receiving should be deducted from what they would normally receive if they were both eligible for NASS support.

5.3 Example: a man with exceptional leave in receipt of £52.20 Income Support. His wife has arrived in the UK in June 2000 and applies for NASS support including her husband as her dependant. His accommodation is adequate. The Income Support should be deducted from NASS couples rate (£57.37-£52.20) and the remainder should be given in vouchers ( £5.17). A letter should be sent to the applicant advising of this decision, giving the calculation.

5.4 If an asylum seeker claims that they are estranged from their partner, and does not want to live with the person, then we may provide dispersed accommodation. The partner's Income Support may be ignored in these circumstances.

5.5 If the applicant claims that their accommodation is not adequate (for example because it is overcrowded due to the arrival of the spouse) then it is not unreasonable to expect the household to find alternative accommodation in the private rented sector accommodation, the cost of which would be met by Housing Benefit ( within local reference rent limits).

5.6 In addition, if the husband had children already with him then they will have a "priority need" and it would not be unreasonable to expect him to approach the local authority who would be able to provide adequate accommodation under the homelessness legislation (a priority need is not conferred if the wife arrived with the children after 3 April 2000). However, if the only reason, that it was unreasonable to occupy the accommodation, was the arrival of the spouse, then the local authority would be unlikely to determine that the household is homeless. It may be necessary in some cases to obtain further information about the person's available accommodation. Please refer to case-working instructions, "Social Security Benefits, Homelessness Assistance and Local Authority Support" which gives further details on priority needs.

5.7 If the household is accepted as homeless but not in priority need under the homelessness legislation, the local authority would have a duty to provide advice and assistance in any efforts they made to find themselves accommodation in the private rented sector.

5.8 If an applicant claims that their accommodation is not adequate, for example because it is overcrowded and they did not already have a priority need, and they have not been able to obtain alternative accommodation, then case-workers should determine whether the accommodation is adequate as defined by Regulation 8 of the Asylum Support regulations 2000 (also see relevant section of Assessment case-working instructions which can be found on the F: drive).

5.9 If it is determined that the accommodation is not adequate, and the household have not been able to obtain alternative accommodation and they have taken reasonable steps to find alternative accommodation then NASS may provide the accommodation.

5.10 If the applicant has been staying in emergency accommodation and has been refused support under section 95, then the person is no longer entitled to support provided by grant funded voluntary sector organisations. This is because it is in breach of the terms of the grant agreements under which voluntary organisations provide temporary support.

5.11 It is for the applicant's spouse or partner to apply to the local authority for assistance. Caseworkers should not contact local authorities on behalf of the applicant.

From: Richard Honeyman

Policy and Process Unit

NASS

3rd Floor

Voyager House