Failure to travel

17 - Failure to travel

1. SCOPE OF THE DOCUMENT

1.1 These instructions give guidance to NASS case-workers for dealing with asylum seekers who are offered NASS dispersal accommodation but fail to travel as arranged. These instructions replace Policy Bulletin 17 Version 1.1 issued on 04/08/00.

2. SUMMARY

2.1 SINGLES (and childless couples)

Singles and childless couples who have breached their conditions of support by failing to travel without a reasonable excuse should have their support discontinued under the Regulation 20(1)(a) of the Asylum Support Regulations 2000.

Singles and childless couples who have had their support discontinued for breach of conditions should be evicted from emergency accommodation no less than 48 hours after they are served with the discontinuation decision and permission to be readmitted should not be given unless there are exceptional circumstances.

If a single or childless couple has had their support discontinued and they have not appealed or have appealed and that appeal is outstanding then a further application for support need not be entertained unless they can demonstrate that there has been a material change in their circumstances or there are exceptional circumstances which justify its being entertained.

If a single or childless couple has had their support discontinued and their appeal has been dismissed then a further application for support should not be entertained unless there has been a material change of circumstances.

2.2 FAMILIES (couples or lone parents with minor dependant children)

Families who have breached their conditions of support by failing to travel without a reasonable excuse should (after the 24 hour period for providing us with their reasons) be sent a letter advising them that they no longer have permission to remain in emergency accommodation, that they will be required to leave in no less than 5 working days but that the offer of support in the dispersal area remains open.

In such circumstances the family must leave the emergency accommodation after 5 working days unless there are exceptional circumstances. They should not be allowed to remain in emergency accommodation simply because they indicate that they are now willing to take up the offer of support and they should not be given permission to be readmitted to emergency accommodation for this reason.

However, where families indicate that they wish to take up our offer of support after being advised of their eviction for failing to travel, they should sign an agreement that they will take up dispersal accommodation and NASS should aim to provide dispersal support within 48 hours. In such circumstances, if a family has nowhere to stay whilst NASS makes arrangements for travel to dispersal accommodation, then exceptionally they must be provided with accommodation on a temporary basis only until the travel arrangements have been made.

3. OVERVIEW OF EMERGENCY ACCOMMODATION AND THE ROLE OF THE RECEPTION ASSISTANTS

3.1 Several voluntary sector organisations have been grant funded to provide full board temporary accommodation known as "emergency accommodation" to asylum seekers while they make an application for support to NASS. These organisations employ reception assistants who help the asylum seeker complete the application form. The reception assistant should encourage the asylum seeker to give all relevant information on the application form, including any information which may be considered to be an exceptional reason to be allocated support in a particular area.

3.2 NASS case-workers should take into account all relevant information when deciding where to allocate support and give written reasons if a decision is taken to allocate in a different area to the one requested (see guidance in Bulletin 31 Version 1.1 issued on 18/01/01).

3.3 When NASS decides that an asylum seeker qualifies for support, a "support package" is sent to the applicant enclosing a letter giving (amongst other things) details of the location of the allocated accommodation and details of the travel arrangements (see Appendix A and B). Included in the package is the agreement between NASS and the supported person (Appendix C). This agreement contains certain conditions subject to which support is provided. One of these conditions is that when the person receives notice about the dispersal accommodation that has been offered, the person must move to the accommodation in line with the travel instructions. The NASS letter warns the asylum seeker of the consequences of breaching this condition.

3.4 The reception assistant arranges a briefing and places a notice advising the asylum seekers of the details of the briefing in a prominent place in the emergency accommodation. At the briefing the reception assistant explains the travel arrangements and the contents of the support package and explains the consequences of failing to travel.

4. SINGLES AND CHILDLESS COUPLES

4.1 DISCONTINUING SUPPORT FOR FAILING TO TRAVEL

NASS case-workers should discontinue support if a single or childless couple fails to travel without reasonable excuse.

4.2 Asylum seekers are informed prior to travel of the consequences of failing to travel and are given a copy of the conditions of support which advises them that travelling to their accommodation is a condition of support. NASS has the power to discontinue support if such conditions are breached under Regulation 20(1)(a) of the Asylum Support Regulations 2000 which provides:

Regulation "20.-(1) Asylum support for a supported person and his dependants ( if any), or for one or more dependants of a supported person, may be suspended or discontinued if-

(a) the Secretary of State has reasonable grounds to suspect that the supported person or any dependant of his failed without reasonable excuse to comply with any condition subject to which the asylum support is provided".

4.3 NASS case-workers must give the asylum seeker 24 hours to provide reasons for failing to travel before considering whether to discontinue support.

4.4 If a decision is taken to discontinue support NASS case-workers should use the template letter at Appendix D to advise the asylum seeker that a decision has been taken to discontinue support. The letter will inform the asylum seeker that they will be evicted from emergency accommodation on a specific date. The letter should be copied to the reception assistant so that he/she can inform the emergency accommodation provider to have the asylum seeker evicted from emergency accommodation.

4.5 Date of eviction

4.6 The NASS decision letter (Appendix D) should contain the specific date for eviction. For singles (and childless couples) the eviction date is the third working day after the day on which the decision is served- the day of service is not to count as the first working day. If the decision letter is posted, it is deemed to have been served on the second working day after the day it was posted- the day of postage does not count as the first working day; if it is served by hand, it is deemed to have been served on the same day that it was faxed or served by hand. A working day is Monday to Friday (inclusive, but not bank holidays).

Example 1: If the letter was issued and posted on Friday 3 August the eviction date is Friday 10 August 2001.

Example 2: If the letter was issued and posted on Tuesday 7 August 2001 the eviction date is Tuesday 14 August 2001.

4.7 Change of application to vouchers only

4.8 Support should normally be discontinued for failing to travel without reasonable excuse if an asylum seeker fails to travel and the reason put forward is that he/she failed to travel because they wish to change their application from accommodation and vouchers to vouchers only. The exception to this would be if the asylum seeker rang NASS either before the day of travel or on the day of travel to explain their circumstances. In such circumstances the person may be allowed to change their application but they should be evicted from emergency accommodation after being given 48 hours notice.

4.9 Reasonable excuse

4.10 What constitutes a reasonable excuse for failing to travel will depend upon the circumstances of each case although excuses which are considered to be reasonable are few. If an asylum seeker was too ill to travel and has a doctor’s note to back this up then this should be accepted as a reasonable excuse. In addition if there is credible evidence that they have been accepted for treatment by the Medical Foundation (most commonly the referral form which has been agreed between NASS and the Medical Foundation) then this would also be accepted as a reasonable excuse.

4.11 If an asylum seeker puts in representations at the last minute then this should not normally be considered to be a reasonable excuse for not travelling. The asylum seeker should be told to travel and the representations considered after he/she has travelled.

4.12 If the asylum seeker has a reasonable excuse for not travelling then travel should be re-arranged.

4.13 Documentary Evidence for Appeals

4.14 In some cases where the Outreach Team have made decisions they should make every effort to obtain the following documentary evidence in order to help sustain decisions at appeal.

When a list of those who are due to travel is posted at the accommodation this list should, where possible, form part of the Respondent’s bundle along with a standard statement which states when, giving time and date, and where, including all places e.g. reception, by the lifts, in the dining room etc, it was displayed.

In premises where a daily register of residents is taken, it would be useful to get copies of the relevant entries in that register for the period in question and put them in the Respondent’s bundle.

The terms upon which a resident may stay in the temporary accommodation would assist e.g. cannot stay away longer than 24 hours, or must notify the proprietor of any overnight absences.

A statement from the NASS staff member who has conduct of the case setting out the chronology/sequence of events in the case.

Minute sheets at the front of each file, produced in a form that is disclosable at the appeal hearing. This will be particularly useful where an applicant has been verbally informed of the date of travel a number of times, or attempts have been made to contact him in his room, or copies of the details of travel (ISL) have been hand delivered to his room. It could also be recorded whether the applicant gave a reason for his failure to travel before or after the date of travel.

4.15 It should be noted that the above documents are not always considered necessary to sustain decisions and when decisions have been made by the Dispersal Facilitation Group based in Croydon it may not be possible to obtain this evidence.

4.16 EVICTION FROM EMERGENCY ACCOMMODATION

4.17 The voluntary sector have been grant funded to provide full board emergency accommodation to asylum seekers who have applied for NASS support until the asylum seeker has been dispersed or until a decision has been made to discontinue support. Emergency accommodation is considered to be "temporary support" provided under the discretionary provisions of section 98 of the Immigration and Asylum Act 1999 which provides:

Section "98.-(1) The Secretary of State may provide, or arrange for the provision of, support for-

(a) asylum-seekers, or

(b) dependants of asylum-seekers,

who it appears to the Secretary of State may be destitute.

(2)_ Support may be provided under this section only until the Secretary of State is able to determine whether support may be provided under section 95."

4.18 Asylum seekers who have received their support package (which includes notification of the decision on the location of support and details of travel arrangements) and conditions of support are considered to have transferred from section 98 support onto section 95 support.

4.19 The discontinuation decision letter (Appendix D) should be copied to the reception assistant so that he/she can inform the emergency accommodation provider to have the asylum seeker evicted from emergency accommodation. Where the Outreach Team are available they will follow up evictions to ensure that they occur. Singles and childless couples who have had their support discontinued for breach of conditions should be evicted from emergency accommodation 48 hours after they are served with the discontinuation decision and notice of eviction (see paragraph 4.5 above).

Permission to be readmitted to emergency accommodation should not be given unless there are exceptional circumstances (see also Bulletin 18 issued on 16/08/00) or a decision has been made to entertain a further application for support (see below).

4.20 ENTERTAINING A FURTHER APPLICATION FOR SUPPORT

4.21 No appeal or appeal outstanding

If a single or childless couple has had their support discontinued and they have not appealed, or have appealed and that appeal is outstanding, then a further application for support need not be entertained unless they can demonstrate that there has been a material change in their circumstances or there are exceptional circumstances which justify its being entertained.

4.22 When the asylum seeker has not appealed to the Asylum Support Adjudicator, or the appeal is outstanding, Regulation 21 of the Asylum Support Regulations 2000 applies. That Regulation provides:

Regulation "21.-(1) Where-

(a) an application for support is made,

(b) the applicant or any person to whom the application relates has previously had his asylum support application suspended or discontinued under regulation 20, and

the application need not be entertained unless the Secretary of State considers that there are exceptional circumstances which justify its being entertained."

4.23 Exceptional or material change of circumstances : Entertaining a further application following discontinuation should be rare and only when there are exceptional circumstances or material change of circumstances. The fact that an asylum seeker says that they now wish to take up dispersal accommodation should not be considered to be an exceptional circumstance or material change of circumstance. An example of an acceptable material change of circumstances would be when a single person has been joined by his spouse and dependent minor children.

4.24 Case-workers should use the template at Appendix E to refuse to entertain applications.

4.25 Appeal dismissed

If a single or childless couple has had their support discontinued and their appeal has been dismissed, then a further application for support should not be entertained unless there has been a material change of circumstances.

4.26 When an asylum seeker has appealed to the Asylum Support Adjudicator and the appeal has been dismissed, section 103(6) of the Immigration and Asylum Act 1999 applies-

Section "103(6) If an appeal is dismissed, no further application by the appellant for support under section 95 is to be entertained unless the Secretary of State is satisfied that there has been a material change in the circumstances."

4.27 Case-workers should use the template at Appendix F to refuse to entertain such applications.

5. FAMILIES

Families who have breached their conditions of support by failing to travel without a reasonable excuse should, after 24 hours (during which time they may provide reasons for their failure to travel), be sent a letter advising them that they will be evicted from emergency accommodation in no less than 5 working days but that the offer of support in the dispersal area remains open.

5.1 NASS has a continuing duty to offer support to families with children under section 122(3) and (4) of the Immigration and Asylum Act 1999 which provide-

Section 122 "(3) If it appears to the Secretary of State that adequate accommodation is not being provided for the child, he must exercise his powers under section 95 by offering, and if his offer is accepted by providing or arranging for the provision of, adequate accommodation for the child as part of the eligible person's household.

(4) If it appears to the Secretary of State that essential living needs of the child are not being met, he must exercise his powers under section 95 by offering, and if his offer is accepted by providing or arranging for the provision of, essential living needs for the child as part of the eligible person's household."

5.2 NASS case-workers should determine whether the family had a reasonable excuse for not travelling. If they had a reasonable excuse then travel should be re-arranged. If they did not have a reasonable excuse the NASS case-worker should send the applicant the template letter at Appendix G. The letter should be copied to the reception assistant who will inform the emergency accommodation provider to ensure that eviction occurs on the required date. A further letter (Appendix H) should be forwarded to the local authority who may make arrangements to interview the family in order to determine whether the child is at risk. Both letters should contain a specific date for eviction from emergency accommodation.

In such circumstances the family must leave the emergency accommodation on the specified date unless there are exceptional circumstances.

5.3 Date of Eviction: For families, the eviction date is the sixth working day after the day on which the decision letter (Appendix D) is served- the day of service does not count as the first working day. If the decision letter is posted, it is deemed to have been served on the second working day after the day it was posted- the day of postage is not to count as the first working day; if it is faxed or served by hand, it is deemed to have been served on the same day that it was faxed or served by hand. A working day is Monday to Friday (inclusive, but not bank holidays).

Example 1: If the letter was issued and posted on Friday 3 August 2001 the eviction date is Wednesday 15 August 2001.

Example 2: If the letter was posted on Tuesday 7 August 2001 the eviction date is Friday 17 August 2001.

5.4 Exceptional circumstances: it should be rare that a family is allowed to remain in emergency accommodation for exceptional reasons. They should not be allowed to remain in emergency accommodation simply because they indicate that they are now willing to take up the offer of support and they should not be given permission to be readmitted to emergency accommodation for this reason.

5.5 Dealing with families who have failed to travel without reasonable excuse and indicate that they wish to take up our offer of support

NASS should aim to provide families who indicate that they wish to take up our offer of support after being advised of their eviction for failing to travel with dispersal support within 48 hours.

5.6 The NASS family FTT letter (Appendix G) contains a NASS telephone number ( 0208-633-0612) which they can use to notify NASS that they wish to take up the offer of support. The letter also includes a pro-forma which the asylum seeker must sign, complete and forward to NASS to indicate that they wish to accept the NASS offer of support in a dispersal area and that they will travel to it when required to do so.

5.7 It is important that if a family rings NASS and indicates that they wish to take up the offer of support that the NASS case-worker ensures that the pro-forma has been signed, and is on the NASS file before any further action is taken on the case.

5.8 Families who have nowhere else to stay whilst new travel arrangements are being organised should be provided with alternative accommodation (but not voluntary sector emergency accommodation) for the very limited period while the travel arrangements are being made. However NASS will only provide this alternative temporary accommodation if the family indicate that they wish to take up the offer of support on a working day. In addition there is no guarantee that this can be provided on the same day if a family indicate that they wish to take up the offer after 3 pm.

APPENDIX A

EXAMPLE OF GROUP DISPERSAL INITIAL SUPPORT LETTER (ISL)

Dispersal town/area: Voluntary Sector ref:

Date

Dear MR

This letter is important to you and must be kept safely.

Your application for support by the National Asylum Support Service (NASS) has now been considered, and it has been decided that you qualify for accommodation and essential living needs support under section 95 of the Immigration and Asylum Act 1999. NASS will continue to support you while your asylum application is pending or any subsequent asylum appeal is outstanding, provided you comply with the conditions set out in the attached "NASS Agreement".

Failure to comply with the conditions of support set out in the Agreement may result

in the discontinuance of your support, and you may be required to leave the accommodation provided for you.

You will receive £90 in emergency vouchers per person on either your departure to, or arrival at, your accommodation. These vouchers are intended to support you and any dependants for 18 days from the date you travel. Within this period, you will be sent a package containing an HC2 certificate which entitles you to free prescriptions, and NHS dental and optical treatment as required, and details about the arrangements made for you to collect your regular vouchers weekly from a designated Post Office. The value of the vouchers to be collected will be adjusted as necessary to take account of the £90 in emergency vouchers already received. The voucher provider – Sodexho – will also write to you during the 18-day period.

Accommodation has been arranged for you in the town/area specified above. Please note that accommodation is provided on a no-choice basis. If you fail to accept it, there should be no expectation that an alternative will be offered. You must make sure that you are available for travel. NASS must be contacted (NASS telephone number 0845-602-1739) and agreement given by 5pm on the day before travel, otherwise you must travel. Travel will only be re-arranged where it is agreed that there is an exceptional reason for not travelling or an emergency. If you fail to travel in accordance with the arrangements made for you, you must notify us within 24 hours, explaining your reasons for not travelling.

Warning: The accommodation that you are currently being provided with is only available to you until the date that you are required to travel.

Failure to travel when required is a breach of the terms of your agreement with NASS

Singles: If you do not travel when required the offer of support may be withdrawn and you may be required to leave your current accommodation [delete if not applicable]

Families: If you do not travel when required you may be required to leave your current accommodation. [delete if not applicable]

With this letter, you will be handed a package with information relating to your support, and this will be explained to you. Non-receipt of this package does not give grounds for not travelling. If you have not received this letter you should contact NASS immediately on the number given above.

Yours sincerely,

APPENDIX B

EXAMPLE OF INITIAL SUPPORT LETTER (ISL): Used when group dispersal process was not applied (eg because the person was provided with a travel ticket)

Dear MR xxxx

I am writing to advise you that your application for accommodation and subsistence has been approved. The details of your support package are given below:

Accommodation for a single person has been reserved for you at:

Xxxxx

Xxxxxx

This accommodation has been provided by:

xxxx Limited

The accommodation provider, or their representative, will meet you at the place detailed on the enclosed travel sheet. Should you need to contact them for any reason their address is:

Xxxxxx

Xxxxx

Xxxx

xxx

Please quote reference xx/xx/xxxxxx.

This accommodation has been reserved for you, and arrangements made for you to take up residence from the date given in the travel details sheet. Should you fail to accept it, no alternative will normally be offered.

If you have been given assistance to travel to your accommodation address, details of the arrangements are contained on the enclosed sheet. If, for any reason, you fail to travel in accordance with the arrangements that have been made for you, you must notify us within 24 hours. Where accommodation has been provided, the provider, or their representative, will meet you when you arrive in the accommodation area.

Should you require assistance with your travel costs to attend interviews in connection with your asylum claim, or to attend an asylum appeal hearing, you should complete the enclosed travel application form. You may need to apply for assistance with other travel costs. If so, you should read the guidance notes with the enclosed form to see if you may apply.

You are currently eligible for Vouchers for a single person. The voucher provider will contact you with details of how to collect your vouchers.

You will receive the following:

Start Date End Date Value

xxJuly 2000 xx July 2000 £10.00xx July 2000 Ongoing £10.00

You can contact the voucher provider at:

SODEXHO PASS UK

O.C.M.H
HOSPITAL ROAD
ALDERSHOT
HAMPSHIRE
GU11 2AW

It should be noted that the voucher provider is not responsible for the amount or regularity of issue of these vouchers, and should only be contacted if you experience any difficulty in redeeming the vouchers, or if the vouchers have been lost or stolen.

Emergency vouchers to the value of £10.00 are enclosed to allow you to meet your essential living needs until substantive arrangements can be made for regular payments.

Where you have given us permission to do so, we have advised the Health Authority that you have been offered accommodation within their area. You should register with a doctor local to the accommodation at the earliest opportunity. If you have problems finding a local doctor, details can be obtained from the Health Authority.

You can contact them at:

Xxxxx

xxxxx

A certificate HC2 is enclosed to allow you to receive free prescription medication, and help with other health costs should you need to do so. The certificate is valid for 6 months. If you have a question regarding the issuing of new or duplicate certificates, in the event of expiry, loss or damage, you should contact NASS on 0845 602 1739. You should ignore the section of the HC2 certificate titled ‘If you need another certificate’ you do not need to complete a HC1 form.

If you have any enquiries on the use of the certificate, or what it entitles you to, you should contact the Health Benefits Division on 0191 203 5555.

Where an application includes children under 16, and permission to provide details has been given, the Education Authority for the area in which you have been offered accommodation will have been notified, and you should contact them upon arrival to ensure that any educational needs are provided for. Their address is:

The Education Department

Xxxxxx

xxxxxx

It should be noted that it is a mandatory requirement for all children of school age (4 –16 years old) to receive a basic education. If you have any children under the age of 16, it is your responsibility to arrange this. Failure to arrange for a child’s educational needs is an offence and may lead to prosecution.

I must remind you that the support provided is temporary and will only continue while your asylum application is pending, or any subsequent appeal is outstanding.

The enclosed agreement sets out the conditions subject to which your support is provided. It states at paragraph 4 that you must not beg or break the law to get money or similar assets. If we have reasonable grounds to suspect that you, or any person supported with you as a dependant, have been begging or breaking the law for financial gain, a condition attached to your support will have been breached. This may lead to termination of support from NASS, and you may be required to leave the accommodation provided for you.

You are required to notify this department immediately of any change of circumstances, and must comply at all times with the agreement that is enclosed with this letter. Failure to comply with any of the provisions contained in that document may result in the withdrawal of support, and you may be required to leave the accommodation provided for you.

It is your responsibility to inform the immigration office dealing with your case of your new address before you move. This should be done by telephoning the immigration office as soon as possible. The correct number can be found on the letter issued by the Immigration Service notifying you of your temporary admission to the United Kingdom (Form IS96).

WARNING:

The accommodation that you are currently being provided with is only available to you until the date that you are required to travel.

Failure to travel when required is a breach of the terms of your agreement with NASS

Singles: If you do not travel when required the offer of support may be withdrawn and you may be required to leave your current accommodation [delete if not applicable]

Families: If you do not travel when required you may be required to leave your current accommodation. [delete if not applicable]

With this letter, you will be handed/receive a package with information relating to your support, and this will be explained to you. Non-receipt of this package does not give grounds for not travelling. If you have not received this letter you should contact NASS immediately on the number given above.

Yours sincerely

NASS Case-worker

Enc.

Emergency Vouchers

HC2 Certificate

Travel costs application form

Travel details sheet

Agreement

APPENDIX C

COPY OF AGREEMENT WHICH IS ENCLOSED WITH ISL

National Asylum Support Service Agreement

An agreement between us (NASS) and you, the person who we give support to.

Please read these conditions carefully. They apply to you and all your dependants who we give support to. Throughout the agreement we refer to ‘you’, but this also applies to your dependants. It is your responsibility to make sure that all your dependants keep to this agreement. If they do not, we may suspend or end the support we give you. You, or any of your dependants, may also be prosecuted, under section 105, section 106 or section 107 of the Immigration and Asylum Act 1999.

Conditions

1 When we offer you accommodation

When you receive notice about the accommodation we have offered you, you must move to the accommodation in line with the travel instructions we give you. You must not delay your journey or break your journey without a good reason.

If you do not follow these conditions, we may suspend or end the support we give you.

2 Living in the accommodation

You must use the accommodation we give you as your only home, under the conditions of ‘being away from the accommodation’ (see below).

The organisation who provides the accommodation will give you an occupancy agreement when you arrive at the accommodation. We expect you to keep to the reasonable requirements that are set out in that document.

If you break the occupancy agreement, we may suspend or end the support we give you.

If we believe that:

· you are not living in the accommodation we have provided;

· you are using it for any purpose other than accommodation; or

· anyone other than you or your dependants are living there;

we may go into the accommodation to make enquiries. If you do not let us in, we may get a warrant from a Justice of the Peace (or Sheriff in Scotland) to get into the accommodation.

3 Being away from the accommodation

You may be away from the accommodation we have provided for up to seven days and nights in a row without giving notice. However, you cannot be away for more than 14 days and nights in any six months. You should get permission from us at least 48 hours before you are going to be away from the accommodation for:

· more than seven days and nights in a row; or

· more than fourteen days and nights in any six months.

We will consider each case individually. However, we normally only give permission to applications where there are exceptional circumstances.

If you do not follow these conditions, we may suspend or end the support we give to you.

4 Changes in your circumstances

You must tell us immediately, and in writing, if your circumstances change which may affect your claim for support.

It is a criminal offence if you do not do this without a reasonable excuse, under the Immigration and Asylum Act 1999.

You, and your dependants, must tell us if:

· you receive or gain access to any money or similar assets that you have not previously told us about (you must not beg or break the law to get this money );

· you receive or gain access to money after you have sold assets you have previously told us about;

· you get a job (if you are an asylum seeker, you must get permission before you get a job);

· you lose your job;

· you change your name;

· you get married;

· you start living with someone as if you are married to them;

· you get divorced;

· you separate from your partner;

· you become pregnant or have a child;

· your children leave school;

· your children leave home;

· you move to a different address;

· you fall ill and go into hospital;

· you go to prison or are held in custody;

· one of your dependants dies;

· you leave the United Kingdom;

· your husband or wife or dependants join you in the United Kingdom;

· your husband or wife or dependants join you in the accommodation; or

· someone else other than your husband or wife or dependants comes to live with you in the accommodation.

You must tell us if you receive a decision on your asylum application or an appeal you have made.

We may ask you for more information about your circumstances or the support you need. We may ask for this information in writing or at an interview.

If you do not tell us about any change in your circumstances, you may:

· lose the support that we give you;

· get support that you are not entitled to, which you would have to pay back; or

· be guilty of an offence under the Immigration and Asylum Act 1999.

If, as a condition of you receiving support, you need to make a contribution to us and you do not do so without a reasonable excuse, we may suspend or end the support we give you.

The support we give you may vary depending on your earnings or income.

APPENDIX D

SINGLES FTT TERMINATION LETTER:

Template for use when SINGLE person OR CHILDLESS COUPLE fails to travel without reasonable excuse

"The Secretary of State notes that you applied for support under section 95 of the Immigration and Asylum Act 1999 on [give date]. He decided that you qualified for support and made arrangements for you to travel to your accommodation at [give address] on [give date of arranged travel] as a condition of your support.

Accommodation is allocated on a no choice basis whilst taking into account the person's individual circumstances. The Secretary of State is also required by section 97 of the Immigration and Asylum Act 1999 to have regard to providing accommodation in areas where there is a ready supply of accommodation.

The Secretary of State notes that you failed to travel as arranged on [ give date] . He notes that you have stated that [give reason for failure to travel].

[ If necessary please adapt the wording that is provided in the Dispersal Guidelines ( Bulletin 31]

Having fully considered your [and your dependant’s] circumstances the Secretary of State is satisfied that it was reasonable to allocate you [and your dependants] accommodation in [insert name of dispersal town] where there is a ready supply of accommodation.

The Secretary of State has considered the extent to which you have breached any relevant conditions of support under Regulation 19 of the Asylum Support Regulations 2000. Having carefully considered your circumstances, the Secretary of State is satisfied that you have breached your conditions of support by failing to travel as arranged without reasonable excuse and he has decided to discontinue your support under Regulation 20(1)(a) of the Asylum Support Regulations 2000.

The organisation which is currently providing you with emergency accommodation has no authority to provide support to those persons, such as you [and your dependant], who the Secretary of State has determined is ineligible for support under section 95 of the Immigration and Asylum Act 1999 and accordingly you must leave your accommodation by [enter eviction date]. "

APPENDIX E

REFUSE TO ENTERTAIN LETTER - NO APPEAL:

Template to be used to refuse to entertain a further support application when person has had support discontinued and they have either not appealed or the appeal is outstanding

Dear Mr [ enter name]

I am writing with regard to your application for support under section 95 of the Immigration and Asylum Act 1999 dated [enter date].

You previously applied for NASS support on [enter date]. Your application was approved and you were allocated accommodation at [enter address]. [Give details of reason for termination eg: You refused to travel to the accommodation as a condition of support and ] your support was subsequently discontinued in accordance with Regulation 20 of the Asylum Support Regulations 2000 and [either: you did not appeal to an asylum support adjudicator against that decision] [or: " …you have appealed to an asylum support adjudicator against that decision and that appeal is outstanding."].

The Secretary of State is satisfied that there has been no material change of circumstances since the discontinuation of your support and he does not consider that there are exceptional circumstances which justify your current application being entertained.

The Secretary of State is satisfied that he need not entertain your application for support dated [enter date] in accordance with Regulation 21 of the Asylum Support Regulations 2000.

Yours sincerely

APPENDIX F

REFUSE TO ENTERTAIN LETTER - APPEAL DISMISSED:

Template to be used to refuse to entertain a further support application when person has had support discontinued and the appeal has been dismissed

I am writing with regard to your application for support under section 95 of the Immigration and Asylum Act 1999 dated [ENTER DATE].

You previously applied for NASS support on [enter date]. The application was approved and you were allocated accommodation at [ENTER ADDRESS] . [GIVE REASONS FOR DISCONTINUATION EG:] You failed to travel without reasonable excuse as a condition of support and your support was discontinued on [ENTER DATE ] in accordance with Regulation 20 (1)(a) of the Asylum Support Regulations 2000.

On [ENTER DATE] you appealed against this decision and the appeal was heard and dismissed by the Asylum Support Adjudicators on [ENTER DATE].

Under the provisions of Section 103(6) of the Immigration and Asylum Act 1999, if an appeal is dismissed, no further application by the appellant for support under section 95 is to be entertained unless the Secretary of State is satisfied that there has been a material change in your circumstances.

The Secretary of State has carefully considered your representations and he is satisfied that there has been no material change of circumstances since the discontinuation of your support and is accordingly satisfied that that he need not entertain your application for support.

Yours sincerely

APPENDIX G

FAMILY FTT LETTER:

Template letter to be used when a family fails to travel without reasonable excuse

The Secretary of State notes that you failed to travel as arranged on [give date] . He notes that you have stated that [give reason for failure to travel].

[ If necessary please adapt the wording that is provided in the Dispersal Guidelines ( Bulletin 31)]

Having fully considered your [and your dependants’] circumstances the Secretary of State is satisfied that it was reasonable to allocate you [and your dependants] accommodation in [insert name of dispersal town] where there is a ready supply of accommodation.

The organisation which is currently providing you with emergency accommodation has no authority to provide support to those persons, such as you [and your dependants], who the Secretary of State has determined are eligible for support under section 95 of the Immigration and Asylum Act 1999.

The Secretary of State has considered the extent to which you have breached any relevant conditions of support under Regulation 19 of the Asylum Support Regulations 2000. Having carefully considered your circumstances, the Secretary of State is satisfied that you have breached your conditions of support by failing to travel as arranged without reasonable excuse [where applicable] and he has accordingly decided that you must leave your current temporary accommodation by [enter eviction date] .

Under section 122 of the Immigration and Asylum Act 1999, the offer of support in a dispersal area remains open.

If you wish to take up this offer of support you should contact NASS immediately ( telephone number 0208-633-0612) so that arrangements can be made to provide you with dispersal accommodation. You should complete and sign the attached form and forward this to NASS indicating that you accept the offer of support in a dispersal area.

You should not wait until your last day in emergency accommodation to notify NASS if you wish to take up this offer– and, if you accept this offer after 3pm on a working day, NASS cannot guarantee that alternative accommodation can be provided on the same day.

Please note that even if you indicate that you wish to take up the offer of support in a dispersal area you will not be allowed to remain in your current accommodation beyond [enter eviction date].

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NASS REFERENCE:

FORM

I will take up the offer of support in a dispersal area and I agree that I [and my dependants] will travel to any accommodation offered by NASS on the arranged day.

Signed

[NAME of ASYLUM SEEKER]

DATE

APPENDIX H

SOCIAL SERVICES NOTIFICATION LETTER:

Template to be used to notify the local social services department when a family have failed to travel as a condition of support without reasonable excuse

Dear [social services department],

This letter is to advise you that [enter details of family] have failed to travel to dispersal accommodation as required by their conditions of support, without reasonable excuse. In accordance with current procedures we have advised the family that they will be required to leave their temporary accommodation by [enter eviction date]. We have also advised the family that we will keep the offer of support (which will be in a dispersal area) open and, should they wish to take up the offer, they must contact us as soon as possible.

Should the family fail to take up this offer, there is the possibility that they will become destitute. We do not believe that you have a duty to the child(ren) under section 17of the Children Act 1989 because we will keep the offer of support in a dispersal area open. However, should they fail to take up our offer, you may have a duty under section 20 of the Children Act 1989.

The family will be residing at [enter emergency accommodation address] until [enter eviction date] should you wish to interview the family to determine whether their child(ren) is/ are at risk.

If the family accept our offer of support, we will contact you by telephone. If the offer is not accepted, the family may be evicted from the temporary accommodation without further notice to you.