Discontinuation of Support v2

22 - Discontinuation of Support v2

1. A person ceases to be an asylum seeker for the purposes of Part VI of the Immigration and Asylum Act 1999 when his "claim for asylum" has been determined.

For the purposes of asylum support, claim for asylum means:

a claim for asylum under the 1951 Refugee Convention; or

a claim that it would be contrary to the UK’s obligations under Article 3 of the ECHR for him to be removed from, or required to leave, the UK

A claim for asylum (as set out above) is determined at the end of a period of 14 days beginning:

on the day on which the Secretary of State notifies the claimant of his decision on the claim; or

if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of.

1.2. If a person no longer has

an unresolved claim for asylum, or

an unresolved claim under article 3 or

an appeal against the former pending,

the person ceases to be eligible for receipt of support under the provisions of the Immigration and Asylum Act 1999 14 days after the asylum claim is resolved and the support must be discontinued unless they have been refused, have exhausted their appeal rights, or have withdrawn their claim, and their household includes a dependent child under the age of 18.

Supported Persons whose household includes a Dependent Child under the Age of 18

1.3. Support will not be discontinued in these cases, regardless of any change in asylum status except if

refugee status or exceptional leave is granted,

until either the dependent child

reaches the age of 18, or

leaves the household, or

ceases to be dependent on the supported person, or

leaves the UK.

In these circumstances the caseworker who is notified of the change in status must amend ASYS to show the new status of the asylum claim. No termination action should be taken and the high level status on ASYS remains ‘Allocated’ (or whatever stage the application is at). The caseworker will need to review the case on a regular basis to ensure that we are fully aware of any removal directions put in place by the Immigration Service. ACID will provide reports of all family cases supported by NASS who are removed. The package must then be discontinued.

Loss of Asylum Status notified

1.4. A caseworker may be notified of a loss in asylum seeker status by the Case tracking team, who will have gained the information from ACID, the applicant or their solicitor. If the information is received from the applicant or any other third party the caseworker must always ensure that the information received agrees with the information on ACID. This should be done through contacting the Case tracking team who will make enquiries on ACID and, if necessary, liaise with the ACID team.

1.5 When information is received from Case tracking as to the change in status the Case tracking officer will have updated the asylum status on ASYS. Where the Allocation caseworker is advised of the change of status by another source they must amend the details on the Person form of ASYS. This must be changed from ‘Under Consideration’ to reflect the new status of the case.

Exceptional leave to remain, exceptional leave to enter, indefinite leave to remain or indefinite leave to enter is granted to the supported person.

2.1. The caseworker must ensure that the asylum application status on the Person form of ASYS has been amended to reflect the current status of the case. The high level status on ASYS on the Accommodation and Subsistence forms must be amended to read ‘In Termination or Termination Appeal’. The caseworker should chose the relevant comment from the drop down list e.g. leave to enter granted, leave to remain granted or exceptional leave to remain granted.

2.2. The termination date must be entered. This date will be the day the termination grace period ends. The ICD warns a supported person that their support may end when it notifies them of a decision on their asylum claim. See Annex A for this. A 14-day grace period is allowed for the person to make appropriate arrangements. This 14-day period is calculated 14 days starting on the date on which the asylum claim is determined. The date of determination is either the day on which the Secretary of State notifies the applicant of his decision on the claim or, if the claimant has appealed against the decision, the day on which the appeal is disposed of, that is, the date on which it is no longer pending. If any such notification has been sent by post it is deemed to have been received two days after it has been posted.

2.3. In most cases this will be the date notified by the ICD. ACID records the date of despatch for after entry and port/enforcement cases.

2.4. In cases where the 14-day period has already passed, the applicant will not get the 14-day grace period. However, they must be issued with the 7-day notice to quit by the accommodation provider. Support will not therefore be discontinued immediately.

2.5. The following letters must be selected; these can be generated through ASYS

NASS 35 i.e. the letter for the supported person to present to the DSS (Annex B)

2.6. This letter is generated by ASYS and the caseworker will be prompted to initiate the letter. This letter must be printed on secure paper and include a photograph of the supported person. Once printed it must be laminated before being sent to the applicant. This letter is sent with the warning letter stating that NASS support is to be discontinued. The letter will include details of all the benefits that the supported person has received form NASS. The former supported person should present this to the Benefits Agency when applying for Benefits. [See section ‘Informing the DSS]

NASS 30 i.e. notification to The One-Stop Service closest to the supported person’s accommodation (Annex C)

2.7. This letter is also generated by ASYS and the caseworker will be prompted to provide this letter. It advises the nearest One Stop Service that support is to be discontinued. The list of addresses of One Stop Services can be found in the F:drive under NASS Shr ‘Voluntary sector one stop services’

If the supported person is living in NASS accommodation, notification to the Accommodation Provider (Annex D)

2.8. This letter, also generated by ASYS, advises the accommodation provider that support is to be discontinued and advises them to issue the applicant with a 7 day notice to quit. Where possible the 7 days should be timed to coincide with the 14 day grace period. This notice is generated by the accommodation provider and is between the provider and the supported person as part of their tenancy agreement. This notice is deemed to have been served on the supported person two working days after the notification to the accommodation provider is sent. This letter also includes a confirmation slip, which the accommodation provider must return to the allocation caseworker when the applicant has vacated the property.

2.10. If the supported person receives subsistence, the regular vouchers must be cancelled. The final date vouchers will be provided for is the 14th day of the 14 day grace period (see 1.2).

2.11 The end date for the vouchers will be the Sunday after the Monday on which the last vouchers are to be issued. It will be necessary for the caseworker to calculate the date on which the vouchers end and amend the final week’s voucher payment to reflect this calculation.

2.12 To do this caseworkers must enter an end date for the week before the final payment is to be made. They must then calculate the amount of vouchers required for the final week, enter the start date of the Monday of that final week and end date of the following Sunday. This will give the applicant a final payment relating to the correct number of days. E.g. if support is to end on the Wednesday, the final payment will only cover 3 days of subsistence payments. The calculations will always be based on the original daily calculations provided by the Assessment caseworker. Any change in circumstances leading to a review of these figures must be returned to the assessment caseworker to deal.

2.13 If, due to a delay in the notification of the change of asylum status being received, the 14 day period has passed or will end before the final payment can be amended, the earliest possible end date must be entered on ASYS and the supported person advised that their subsistence support has been ended with immediate effect. The caseworker must calculate the total overpayment and send the details on the overpayment spreadsheet to complex cases. The overpayment spreadsheet may be found in the Finance subfolder in the NASS shr folder on the F:drive. Caseworkers should create a shortcut to it and place this on their desktop. This can be done by right-clicking the icon and dragging and dropping it on the desktop. A menu will appear and the caseworker should click create shortcut here. Double-clicking the shortcut will open an email with an Excel workbook inserted. Double-clicking the Excel workbook will enable the caseworker to enter the relevant data. The email can then be sent to Complex cases in the usual way. Complex cases will compile the data into a single workbook and forward it to Finance by email once a week. Finance must be informed of the amount and the reason for the overpayment so that it can be formally written off. The calculations will always be based on the original daily calculations provided by the Assessment caseworker.

A warning letter to the applicant (Annex E)

2.14. This letter is generated by ASYS. Where the supported person is in receipt of subsistence support, the caseworker must enter details of the date of their final voucher payment and the amount of that final payment. [See paragraph 2.10 above]. This must be sent to the applicant along with the DSS notification letter.

2.15. There is no right of appeal against termination of support where there is a loss of asylum seeking status, as this is when support would normally come to an end.

2.16. The case should then be set for review on the 15th day. I.e. the day after the end of the 14 day grace period (or the 10th day where the 14 day grace period has already passed and the accommodation provider is instructed to issue a 7 day notice to quit).

2.17. The caseworker must ensure that the accommodation provider is notified that the accommodation is now cancelled. They must ensure that:

the Provider is faxed directly with the cancellation details using the standard fax template (Annex F)

the Provider is telephoned to confirm any other details

confirmation is requested from the Provider in writing (and is received)

all copies of the above correspondence are placed on the paper file

the paper file is fully minuted with all actions taken including any telephone conversations with the Provider or any other parties

ASYS is update accordingly

ASPIC is updated accordingly

2.18. The caseworker must also ensure that the accommodation provider has returned the confirmation that the supported person has left any NASS provided accommodation.

2.19. The caseworker must uncheck the box showing the address as the applicant’s current address, amend the high level status to ‘Terminated’ and save.

2.20. The paper file and ASYS must be minuted to this effect and the file sent to File Store for storage.

2.21. If an applicant claims that they have a claim outstanding under Article 3 of the European Convention of Human Rights following the determination of their asylum claim, the caseworker must ask the applicant to provide evidence of this outstanding claim. If this is confirmed then support will not be discontinued [until that claim has been determined]

Asylum Refused

3.1 The caseworker must ensure that the asylum application status on the Person form of ASYS has been amended to reflect the current status of the case. The high level status on ASYS on the Accommodation and Subsistence forms must be amended to read ‘In Termination or Termination Appeal’. The caseworker must chose the comment ‘your application for asylum has been refused’ from the drop down list.

3.2 The termination date must be entered. This date will be the day the termination grace period ends. NASS is obliged to warn a supported person of an intention to discontinue support and to allow a 14-day grace period for the person to make appropriate arrangements. This 14-day period is calculated 14 days starting on the date on which the asylum claim is determined. The date of determination is either the day on which the Secretary of State notifies the applicant of his decision on the claim or, if the claimant has appealed against the decision, the day on which the appeal is disposed of, that is, the date on which it is no longer pending. If any such notification has been sent by post it is deemed to have been received two days after it has been posted.

3.3. In most cases this will be the date notified by the ICD. ACID records the date of despatch for after entry cases and port/enforcement cases.

3.4 In cases where the 14-day period has already passed, the applicant will not get the 14-day grace period. However, they must be issued with the 7-day notice to quit by the accommodation provider. Support will not therefore be discontinued immediately.

3.5. The following letters must be sent; these can be generated through ASYS

NASS 30 i.e. notification to The One-Stop Service closest to the supported person’s accommodation (Annex C)

3.6. This letter is generated by ASYS and the caseworker will be prompted to provide this letter. It advises the nearest One Stop Service that support is to be discontinued. The list of addresses of One Stop Services can be found in the F:drive under NASS Shr ‘Voluntary sector one stop services’

If the supported person is currently in NASS accommodation, notification to the Accommodation Provider (Annex D)

3.6. This letter, also generated by ASYS, advises the accommodation provider that support is to be discontinued and advises them to issue the applicant with a 7 day notice to quit. This notice is generated by the accommodation provider and is between the provider and the supported person as part of their tenancy agreement. This notice is deemed to have been served on the supported person two working days after the notification to the accommodation provider is sent. This letter also includes a confirmation slip, which the accommodation provider must return to the allocation caseworker when the applicant has vacated the property.

A warning letter to the applicant (Annex E)

3.7. This letter is generated by ASYS. Where the supported person is in receipt of subsistence support, the caseworker must enter details of the date of their final voucher payment and the amount of that final payment. [See paragraph 3.8 below].

3.8. If the supported person receives subsistence, the regular vouchers must be cancelled. The final date vouchers will be provided for is the 14th day of the 14 day grace period. The end date for the vouchers will be the Sunday after the Monday on which the last vouchers are to be issued. It will be necessary for the caseworker to calculate the date on which the vouchers end and amend the final week’s voucher payment to reflect this calculation. To do this caseworkers must enter an end date for the week before the final payment is to be made. They must then calculate the amount of vouchers required for the final week, enter the start date of the Monday of that final week and end date of the following Sunday. This will give the applicant a final payment relating to the correct number of days. E.g. if support is to end on the Wednesday, the final payment will only cover 3 days of subsistence payments. The calculations will always be based on the original daily calculations provided by the Assessment caseworker. Any change in circumstances leading to a review of these figures must be returned to the assessment caseworker to deal.

3.9. If, due to a delay in the notification of the change of asylum status being received, the 14 day period has passed or will end before the final payment can be amended, the earliest possible end date must be entered on ASYS and the supported person advised that their subsistence support has been ended with immediate effect. The caseworker must calculate the total overpayment send the details on the overpayment spreadsheet to complex cases. The overpayment spreadsheet may be found in the Finance subfolder in the NASS shr folder on the F:drive. Caseworkers should create a shortcut to it and place this on their desktop. This can be done by right-clicking the icon and dragging and dropping it on the desktop. A menu will appear and the caseworker should click create shortcut here. Double-clicking the shortcut will open an email with an Excel workbook inserted. Double-clicking the Excel workbook will enable the caseworker to enter the relevant data. The email can then be sent to Complex cases in the usual way. Complex cases will compile the data into a single workbook and forward it to Finance by email once a week. Finance must be informed of the amount and the reason for the overpayment so that it can be formally written off. The calculations will always be based on the original daily calculations provided by the Assessment caseworker.

3.10 There is no right of appeal against termination of support where there is a loss of asylum seeking status.

3.11 The case must then be set for review on the 15th day. i.e. the day after the end of the 14 day grace period (or the 10th day where the 14 day grace period has already passed and the accommodation provider is instructed to issue a 7 day notice to quit).

3.12 The caseworker must ensure that the accommodation provider is notified that the accommodation is now cancelled. They must ensure that:

the Provider is faxed directly with the cancellation details using the standard fax template (Annex F)

the Provider is telephoned to confirm any other details

confirmation is requested from the Provider in writing (and is received)

all copies of the above correspondence are placed on the paper file

the paper file is fully minuted with all actions taken including any telephone conversations with the Provider or any other parties

ASYS is update accordingly

ASPIC is updated accordingly

3.13 The caseworker must also ensure that the accommodation provider has returned the confirmation that the supported person has left any NASS provided accommodation.

3.14 The caseworker must uncheck the box showing the address as the applicant’s current address, amend the high level status to ‘Terminated’ and save.

3.15 The paper file and ASYS must be minuted to this effect and the file sent to File Store for storage..

3.17 If an applicant claims that they have a claim outstanding under Article 3 of the European Convention of Human Rights following the determination of their asylum claim, the caseworker must ask the applicant to provide evidence of this outstanding claim. If this is confirmed then support will not be discontinued.

‘Unknown’ Status

4.1 Support will also be discontinued where support was allocated to a person whose asylum seeking status was ‘unknown’ and it subsequently becomes apparent that the applicant is not an asylum seeker.

In these circumstances the caseworker must give the applicant warning that their support is being discontinued.

4.2 The caseworker must ensure that the asylum application status on the Person form of ASYS has been amended to reflect the current status of the case. The high level status on ASYS on the Accommodation and Subsistence forms must be amended to read ‘In Termination or Termination Appeal’ the caseworker must chose the comment termination proceeding from the drop down list.

4.3 The termination date must be entered. This date will be the day the termination decision is taken

4.4 The following letters must be sent; these can be generated through ASYS

NASS 30 i.e. notification to The One-Stop Service closest to the supported person’s accommodation (Annex C)

4.5 This letter is generated by ASYS and the caseworker will be prompted to provide this letter. It advises the nearest One Stop Service that support is to be discontinued. The list of addresses of One Stop Services can be found in the F:drive under NASS Shr ‘Voluntary sector one stop services’

If the supported person is currently in NASS accommodation, notification to the Accommodation Provider (Annex D)

4.6 This letter, also generated by ASYS, advises the accommodation provider that support is to be discontinued and advises them to issue the applicant with a 0 day notice to quit. This notice is generated by the accommodation provider and is between the provider and the supported person as part of their tenancy agreement. This notice is deemed to have been served on the supported person two working days after the notification to the accommodation provider is sent. This letter also includes a confirmation slip, which the accommodation provider must return to the allocation caseworker when the applicant has vacated the property. [In exceptional circumstances, the notice period can be less than 7 days – see regulation 22(4)]

A warning letter to the applicant (Annex G)

4.7 This letter is generated by ASYS. Where the supported person is in receipt of subsistence support, the caseworker must enter details of the date of their final voucher payment and the amount of that final payment. [See paragraph 4.8 below].

4.8 If the supported person receives subsistence, the regular vouchers must be cancelled immediately. The caseworker must calculate the total overpayment send the details on the overpayment spreadsheet to complex cases. The overpayment spreadsheet may be found in the Finance subfolder in the NASS shr folder on the F:drive. Caseworkers should create a shortcut to it and place this on their desktop. This can be done by right-clicking the icon and dragging and dropping it on the desktop. A menu will appear and the caseworker should click create shortcut here. Double-clicking the shortcut will open an email with an Excel workbook inserted. Double-clicking the Excel workbook will enable the caseworker to enter the relevant data. The email can then be sent to Complex cases in the usual way. Complex cases will compile the data into a single workbook and forward it to Finance by email once a week. Finance must be informed of the amount and the reason for the overpayment so that it can be formally written off. The calculations will always be based on the original daily calculations provided by the Assessment caseworker.

4.9 As the supported person has a right of appeal against this decision, the warning letter will also contain details of that right of appeal and the procedures for lodging an appeal.

A Notice of Appeal form (Annex H) and an appeals envelope

4.10 These must be sent to the supported person with the warning letter.

Appeals Bundle Cover NASS 21 (Annex I)

4.11 This is printed from the ASYS letter screen. See paragraph 4.13 below for details of what must be included in the appeals bundle.

4.12 Where subsistence support has been provided an end date must be entered on ASYS under the regular voucher order. This must be set at the next available end date (a Sunday).

4.13 The supported person has a right of appeal to the Asylum Support Adjudicators against discontinuation of support. At the time of refusal the caseworker must prepare an appeals bundle. This bundle must include:

a copy of the original application form

copies of any supporting documentation that lead to the support being granted

a copy of the notification of the decision to discontinue support

copies of any documentation on which the decision to discontinue was based

copies of any other relevant material

4.14 The bundle is then held on file pending receipt of an appeal. The file must be placed in local hold and reviewed in one week to establish whether an appeal has been received.

If an appeal is received

4.15 Any appeal must be received by NASS within 3 working days of the supported person receiving the decision to discontinue their support. On receipt of the appeal the case must be carefully reviewed, by the team responsible for the decision to discontinue, in light of the grounds of appeal received.

4.16 If the caseworker decides that the decision to discontinue support should be maintained this must be agreed by the Team Leader. The appeal bundle must be forwarded to the Asylum Support Adjudicators by day 4 of the process i.e. 6 days after the original letter of termination was sent. If the appeal is received ‘out of time’ i.e. after day 3, then the appeal bundle must still be forwarded to the Asylum Support Adjudicator, but the caseworker must indicate as part of the appeal bundle that the appeal was received out of time and any reasons given for this using the out of time allegation NASS 57 (Annex J) held on the F:drive under ASYS templates in NASS shr.

4.17 If the caseworker, on reviewing the case, decides that the decision to discontinue the support should be withdrawn they must write a detailed consideration and recommendation to their Team Leader. If the Team Leader agrees with this recommendation then support must be reinstated. If the supported person’s vouchers have been cancelled by Sodexho then the caseworker must re-order the person’s voucher entitlement (based on the original calculations of the Assessment caseworker). The caseworker will need to calculate the number, if any, of emergency vouchers required to cover any period between the cancellation of the old voucher order and the start of the new voucher order. The caseworker must write to the applicant to advise them that their support will not be discontinued and, if necessary, give details of the new voucher arrangements. They must also write to the nearest One Stop Service and the accommodation provider to advise them of the decision. The high level status on ASYS must be amended from ‘In Termination or Termination Appeal’ to ‘Allocated’.

4.18 ASYS and the paper file must be minuted accordingly and the file returned to the File Store.

If no appeal is received

4.19 The case must then be set for review on the 10th day after the termination. If no appeal has been received against that decision then termination will proceed. The caseworker must ensure that the accommodation provider is notified that the accommodation is now cancelled. They must ensure that:

the Provider is faxed directly with the cancellation details using the standard fax template (Annex F)

the Provider is telephoned to confirm any other details

confirmation is requested from the Provider in writing (and is received)

all copies of the above correspondence are placed on the paper file

the paper file is fully minuted with all actions taken including any telephone conversations with the Provider or any other parties

ASYS is update accordingly

ASPIC is updated accordingly

4.20 Where subsistence support has been provided an end date must be entered on ASYS under the regular voucher order. This must be set at the next available end date (a Sunday).

4.21 The status must then be amended to read ‘Terminated’ and saved.

4.22 The paper file and ASYS must be minuted to this effect and the file sent to File Store for storage.

4.23 If the appeal is allowed then the support must be reinstated. If the supported person’s vouchers have been cancelled by Sodexho then the caseworker must re-order the person’s voucher entitlement (based on the original calculations of the Assessment caseworker). The caseworker will need to calculate the number, if any, of emergency vouchers required to cover any period between the allowed appeal and the start of the new voucher order. The caseworker must write to the applicant to advise then that their support will not be discontinued or is being reinstated and, if necessary, give details of the new voucher arrangements. They must also write to the nearest One Stop Service and the accommodation provider to advise them of the decision. The high level status on ASYS must be amended from ‘In Termination or Termination Appeal’ to ‘Allocated’.

4.24 ASYS and the paper file must be minuted accordingly and the file returned to the File Store.

4.25 If the Asylum Support Adjudicators uphold the decision then termination will continue. The case must then be set for review on the 15th day after the termination warning is deemed to have been received by the applicant. i.e. the day after the end of the 14 day grace period.

4.26 The caseworker must ensure that the accommodation provider is notified that the accommodation is now cancelled. They must ensure that:

the Provider is faxed directly with the cancellation details using the standard fax template (Annex F)

the Provider is telephoned to confirm any other details

confirmation is requested from the Provider in writing (and is received)

all copies of the above correspondence are placed on the paper file

the paper file is fully minuted with all actions taken including any telephone conversations with the Provider or any other parties

ASYS is update accordingly

ASPIC is updated accordingly

4.27 Where subsistence support has been provided an end date must be entered on ASYS under the regular voucher order. This must be set at the next available end date (a Sunday).

4.28 The status must then be amended to read ‘Terminated’ and saved.

4.29 The paper file and ASYS must be minuted to this effect and the file sent to File Store for storage.

Withdrawal of asylum application

5.1 If either a NASS supported person or NASS applicant withdraws their asylum application they are no longer eligible for NASS support.

5.2 If the application is still under consideration this will be treated as a change in circumstances and returned to assessment to deal. [See chapter on ‘Changes in Circumstances’]

5.3 If the person is already being supported then support must be discontinued. In these circumstances the caseworker must give the applicant warning that their support is to be discontinued.

5.4 The caseworker must ensure that the asylum application status on the Person form of ASYS has been amended to reflect the current status of the case. The high level status on ASYS on the Accommodation and Subsistence forms must be amended to read ‘In Termination or Termination Appeal’. The caseworker must chose the comment ‘your application for asylum has been withdrawn’ from the drop down list.

5.5 The termination date must be entered. This date will be the day the termination decision is taken.

The following letters must be sent; these can be generated through ASYS

Notification to The One-Stop Service closest to the supported person’s accommodation

5.6 This letter is generated by ASYS and the caseworker will be prompted to provide this letter. It advises the nearest One Stop Service that support is to be discontinued. The list of addresses of One Stop Services can be found in the F:drive under NASS Shr ‘Voluntary sector one stop services’

If the supported person is currently in NASS accommodation, notification to the Accommodation Provider

5.7 This letter, also generated by ASYS, advises the accommodation provider that support is to be discontinued and advises them to issue the applicant with a 7 day notice to quit. This notice is generated by the accommodation provider and is between the provider and the supported person as part of their tenancy agreement. This notice is deemed to have been served on the supported person two working days after the notification to the accommodation provider is sent. This letter also includes a confirmation slip, which the accommodation provider must return to the allocation caseworker when the applicant has vacated the property.

A warning letter to the applicant (Annex E)

5.8 This letter is generated by ASYS. Where the supported person is in receipt of subsistence support, the caseworker must enter details of the date of their final voucher payment and the amount of that final payment. [See paragraph 5.9 below].

5.9 If the supported person receives subsistence, the regular vouchers must be cancelled immediately. Where the voucher cycle means that the supported person has received an overpayment, or the notification that the supported person has withdrawn their application is received late, the caseworker must calculate the total overpayment send the details on the overpayment spreadsheet to complex cases. The overpayment spreadsheet may be found in the Finance subfolder in the NASS shr folder on the F:drive. Caseworkers should create a shortcut to it and place this on their desktop. This can be done by right-clicking the icon and dragging and dropping it on the desktop. A menu will appear and the caseworker should click create shortcut here. Double-clicking the shortcut will open an email with an Excel workbook inserted. Double-clicking the Excel workbook will enable the caseworker to enter the relevant data. The email can then be sent to Complex cases in the usual way. Complex cases will compile the data into a single workbook and forward it to Finance by email once a week. Finance must be informed of the amount and the reason for the overpayment so that it can be formally written off. The calculations will always be based on the original daily calculations provided by the Assessment caseworker.

5.10 There is no right of appeal against termination of support where the asylum claim has been withdrawn.

5.11 The case must then be set for review on the 10th day after the termination decision is implemented.

The caseworker must ensure that the accommodation provider is notified that the accommodation is now cancelled. They must ensure that:

the Provider is faxed directly with the cancellation details using the standard fax template (Annex F)

the Provider is telephoned to confirm any other details

confirmation is requested from the Provider in writing (and is received)

all copies of the above correspondence are placed on the paper file

the paper file is fully minuted with all actions taken including any telephone conversations with the Provider or any other parties

ASYS is update accordingly

ASPIC is updated accordingly

5.12 The caseworker must also ensure that the accommodation provider has returned the confirmation that the supported person has left any NASS provided accommodation.

5.13 The caseworker must uncheck the box showing the address as the applicant’s current address, amend the high level status to ‘Terminated’ and save.

5.14 The paper file and ASYS must be minuted to this effect and the file sent to File Store for storage.

No Longer in the UK

6.1 When information is received from the Immigration Service or ACID, via the case tracking team, or another source that the supported person has left the UK support must be discontinued as soon as the information has been verified. Where NASS has been sent an Immigration Officers report confirming embark verification is not necessary. Where the information is from another source NASS must write to the asylum seeker at their authorised address asking them if they have left the United Kingdom. If they fail to reply within 5 days their support must be terminated with immediate effect.

In these circumstances the caseworker must give the applicant warning that their support is being discontinued.

6.2 The caseworker must ensure that the asylum application status on the Person form of ASYS has been amended to reflect the current status of the case. The high level status on ASYS on the Accommodation and Subsistence forms must be amended to read ‘In Termination or Termination Appeal’ the caseworker must chose the comment termination proceeding from the drop down list.

6.3 The termination date must be entered. This date will be the day the termination decision is taken

6.4 The following letters must be sent; these can be generated through ASYS

Notification to The One-Stop Service closest to the supported person’s accommodation

6.5 This letter is generated by ASYS and the caseworker will be prompted to provide this letter. It advises the nearest One Stop Service that support is to be discontinued. The list of addresses of One Stop Services can be found in the F:drive under NASS Shr ‘Voluntary sector one stop services’

If the supported person is currently in NASS accommodation, notification to the Accommodation Provider

6.6 This letter, also generated by ASYS, advises the accommodation provider that support is to be discontinued and advises them to issue the applicant with a 0 day notice to quit. This notice is generated by the accommodation provider and is between the provider and the supported person as part of their tenancy agreement. This notice is deemed to have been served on the supported person two working days after the notification to the accommodation provider is sent. This letter also includes a confirmation slip, which the accommodation provider must return to the allocation caseworker when the applicant has vacated the property. [In exceptional circumstances, the notice period can be less than 7 days – see regulation 22(4)]

A warning letter to the applicant (Annex E)

6.7 This letter is generated by ASYS. Where the supported person is in receipt of subsistence support, the caseworker must enter details of the date of their final voucher payment and the amount of that final payment. [See paragraph 6.8 below].

6.8 If the supported person receives subsistence, the regular vouchers must be cancelled immediately. The caseworker must calculate the total overpayment send the details on the overpayment spreadsheet to complex cases. The overpayment spreadsheet may be found in the Finance subfolder in the NASS shr folder on the F:drive. Caseworkers should create a shortcut to it and place this on their desktop. This can be done by right-clicking the icon and dragging and dropping it on the desktop. A menu will appear and the caseworker should click create shortcut here. Double-clicking the shortcut will open an email with an Excel workbook inserted. Double-clicking the Excel workbook will enable the caseworker to enter the relevant data. The email can then be sent to Complex cases in the usual way. Complex cases will compile the data into a single workbook and forward it to Finance by email once a week. Finance must be informed of the amount and the reason for the overpayment so that it can be formally written off. The calculations will always be based on the original daily calculations provided by the Assessment caseworker.

6.9 As the supported person has a right of appeal against this decision, the warning letter will also contain details of that right of appeal and the procedures for lodging an appeal.

A Notice of Appeal form (Annex H) and an appeals envelope

6.10 These must be sent to the supported person with the warning letter.

Appeals Bundle Cover NASS 21 (Annex I)

6.11 This is printed from the ASYS letter screen. See paragraph 6.13 below for details of what must be included in the appeals bundle.

6.12 Where subsistence support has been provided an end date must be entered on ASYS under the regular voucher order. This must be set at the next available end date (a Sunday).

6.13 The supported person has a right of appeal to the Asylum Support Adjudicators against discontinuation of support. At the time of refusal the caseworker must prepare an appeals bundle. This bundle must include:

a copy of the original application form

copies of any supporting documentation that lead to the support being granted

a copy of the notification of the decision to discontinue support

copies of any documentation on which the decision to discontinue was based

copies of any other relevant material

6.14 The bundle is then held on file pending receipt of an appeal. The file must be placed in local hold and reviewed in one week to establish whether an appeal has been received.

If an appeal is received

6.15 Any appeal must be received by NASS within 3 working days of the supported person receiving the decision to discontinue their support. On receipt of the appeal the case must be carefully reviewed, by the team responsible for the decision to discontinue, in light of the grounds of appeal received.

6.16 If the caseworker decides that the decision to discontinue support should be maintained this must be agreed by the Team Leader. The appeal bundle must be forwarded to the Asylum Support Adjudicators by day 4 of the process i.e. 6 days after the original letter of termination was sent. If the appeal is received ‘out of time’ i.e. after day 3, then the appeal bundle must still be forwarded to the Asylum Support Adjudicator, but the caseworker must indicate as part of the appeal bundle that the appeal was received out of time and any reasons given for this using the out of time allegation NASS 57 (Annex J) held on the F:drive under ASYS templates in NASS shr.

6.17 If the caseworker, on reviewing the case, decides that the decision to discontinue the support should be withdrawn they must write a detailed consideration and recommendation to their Team Leader. If the Team Leader agrees with this recommendation then support must be reinstated. If the supported person’s vouchers have been cancelled by Sodexho then the caseworker must re-order the person’s voucher entitlement (based on the original calculations of the Assessment caseworker). The caseworker will need to calculate the number, if any, of emergency vouchers required to cover any period between the cancellation of the old voucher order and the start of the new voucher order. The caseworker must write to the applicant to advise them that their support will not be discontinued and, if necessary, give details of the new voucher arrangements. They must also write to the nearest One Stop Service and the accommodation provider to advise them of the decision. The high level status on ASYS must be amended from ‘In Termination or Termination Appeal’ to ‘Allocated’.

6.18 ASYS and the paper file must be minuted accordingly and the file returned to the File Store.

If no appeal is received

6.19 The case must then be set for review on the 10th day after the termination. If no appeal has been received against that decision then termination will proceed. The caseworker must ensure that the accommodation provider is notified that the accommodation is now cancelled. They must ensure that:

the Provider is faxed directly with the cancellation details using the standard fax template (Annex F)

the Provider is telephoned to confirm any other details

confirmation is requested from the Provider in writing (and is received)

all copies of the above correspondence are placed on the paper file

the paper file is fully minuted with all actions taken including any telephone conversations with the Provider or any other parties

ASYS is update accordingly

ASPIC is updated accordingly

6.20 Where subsistence support has been provided an end date must be entered on ASYS under the regular voucher order. This must be set at the next available end date (a Sunday).

6.21 The status must then be amended to read ‘Terminated’ and saved.

6.22 The paper file and ASYS must be minuted to this effect and the file sent to File Store for storage.

6.23 If the appeal is allowed then the support must be reinstated. If the supported person’s vouchers have been cancelled by Sodexho then the caseworker must re-order the person’s voucher entitlement (based on the original calculations of the Assessment caseworker). The caseworker will need to calculate the number, if any, of emergency vouchers required to cover any period between the allowed appeal and the start of the new voucher order. The caseworker must write to the applicant to advise then that their support will not be discontinued or is being reinstated and, if necessary, give details of the new voucher arrangements. They must also write to the nearest One Stop Service and the accommodation provider to advise them of the decision. The high level status on ASYS must be amended from ‘In Termination or Termination Appeal’ to ‘Allocated’.

6.24 ASYS and the paper file must be minuted accordingly and the file returned to the File Store.

6.25 If the Asylum Support Adjudicators uphold the decision then termination will continue. The case must then be set for review on the 15th day after the termination warning is deemed to have been received by the applicant. i.e. the day after the end of the 14 day grace period.

6.26 The caseworker must ensure that the accommodation provider is notified that the accommodation is now cancelled. They must ensure that:

the Provider is faxed directly with the cancellation details using the standard fax template (Annex F)

the Provider is telephoned to confirm any other details

confirmation is requested from the Provider in writing (and is received)

all copies of the above correspondence are placed on the paper file

the paper file is fully minuted with all actions taken including any telephone conversations with the Provider or any other parties

ASYS is update accordingly

ASPIC is updated accordingly

6.27 Where subsistence support has been provided an end date must be entered on ASYS under the regular voucher order. This must be set at the next available end date (a Sunday).

6.28 The status must then be amended to read ‘Terminated’ and saved.

6.29 The paper file and ASYS must be minuted to this effect and the file sent to File Store for storage.

Breach of Conditions of Support Early Termination

7.1 A breach in the conditions of support may lead to early discontinuation of support. Performance Monitoring will carry out such investigations. They make a recommendation to the caseworker who will make the decision. See separate instructions.

7.2 Once a decision has been reached that support be discontinued [see section on ‘Breach of Conditions of Support’ and chapter on ‘Performance Monitoring’] the applicant must be given warning that that their support is to be discontinued.

7.3 The high level status on ASYS on the Accommodation and Subsistence forms must be amended to read ‘In Termination or Termination Appeal’. The caseworker must chose the ‘applicant is in breach of conditions of NASS support’ from the drop down list.

7.4 The termination date must be entered. This date will be the day the termination decision is implemented.

The following letters must be sent; these can be generated through ASYS

Notification to The One-Stop Service closest to the supported person’s accommodation (Annex C)

7.5 This letter is generated by ASYS and the caseworker will be prompted to provide this letter. It advises the nearest One Stop Service that support is to be discontinued. The list of addresses of One Stop Services can be found in the F:drive under AS Shr ‘Voluntary sector one stop services’

If the supported person is currently in NASS accommodation, notification to the Accommodation Provider (Annex D)

7.6 This letter, also generated by ASYS, advises the accommodation provider that support is to be discontinued and advises them to issue the applicant with a 7 day notice to quit. This notice is generated by the accommodation provider and is between the provider and the supported person as part of their tenancy agreement. This notice is deemed to have been served on the supported person two working days after the notification to the accommodation provider is sent. This letter also includes a confirmation slip, which the accommodation provider must return to the allocation caseworker when the applicant has vacated the property. [In exceptional circumstances, the notice period can be less than 7 days – see regulation 22(4)]

A warning letter to the applicant (Annex G)

7.7 This letter is generated by ASYS. Where the supported person is in receipt of subsistence support, the caseworker must enter details of the date of their final voucher payment and the amount of that final payment. [See paragraph 6.6 above]. [The letter should contain reasons for why support is being discontinued early.]

7.8 As the supported person has a right of appeal against this decision, the warning letter will also contain details of that right of appeal and the procedures for lodging an appeal.

A Notice of Appeal form (Annex H) and an appeals envelope

7.9 These must be sent to the supported person with the warning letter.

Appeals Bundle Cover NASS 21 (Annex I)

7.10 This is printed from the ASYS letter screen. See paragraph 7.12 below for details of what must be included in the appeals bundle.

7.11 Where subsistence support has been provided an end date must be entered on ASYS under the regular voucher order. This must be set at the next available end date (a Sunday).

7.12 The supported person has a right of appeal to the Asylum Support Adjudicators against early termination of support. At the time of refusal the caseworker must prepare an appeals bundle. This bundle must include:

a copy of the original application form

copies of any supporting documentation that lead to the support be granted

a copy of the notification of the decision to discontinue support

copies of any documentation on which the decision to discontinue was based

copies of any other relevant material

7.13 The bundle is then held on file pending receipt of an appeal. The file must be placed in local hold and reviewed in one week to establish whether an appeal has been received.

If an appeal is received

7.14 Any appeal must be received by NASS within 3 working days of the supported person receiving the decision to discontinue their support. On receipt of the appeal the case must be carefully reviewed in light of the grounds of appeal received.

7.15 If the caseworker decides that the termination of support should be maintained this must be agreed by the Team Leader. The appeal bundle must be forwarded to the Asylum Support Adjudicators by day 4 of the process i.e. 6 days after the original letter of termination was sent. If the appeal is received ‘out of time’ i.e. after day 3, then the appeal bundle must still be forwarded to the Asylum Support Adjudicator, but the caseworker must indicate as part of the appeal bundle that the appeal was received out of time and any reasons given for this using the out of time allegation NASS 57 (Annex J) held on the F:drive under ASYS templates in NASS shr.

7.16 If the caseworker, on reviewing the case, decides that the decision to discontinue the support should be withdrawn they must write a detailed consideration and recommendation to their Team Leader. If the Team Leader agrees with this recommendation then support must be reinstated. If the supported person’s vouchers have been cancelled by Sodexho then the caseworker must re-order the person’s voucher entitlement (based on the original calculations of the Assessment caseworker). The caseworker will need to calculate the number, if any, of emergency vouchers required to cover any period between the cancellation of the old voucher order and the start of the new voucher order. The caseworker must write to the applicant to advise them that their support will not be discontinued and, if necessary, give details of the new voucher arrangements. They must also write to the nearest One Stop Service and the accommodation provider to advise them of the decision. The high level status on ASYS must be amended from ‘In Termination or Termination Appeal’ to ‘Allocated’.

7.17 ASYS and the paper file must be minuted accordingly and the file returned to the File Store.

If no appeal is received

7.18 The case must then be set for review on the 10th day after the termination. If no appeal has been received against that decision then termination will proceed.

The caseworker must ensure that the accommodation provider is notified that the accommodation is now cancelled. They must ensure that:

the Provider is faxed directly with the cancellation details using the standard fax template (Annex F)

the Provider is telephoned to confirm any other details

confirmation is requested from the Provider in writing (and is received)

all copies of the above correspondence are placed on the paper file

the paper file is fully minuted with all actions taken including any telephone conversations with the Provider or any other parties

ASYS is update accordingly

ASPIC is updated accordingly

7.19 Where subsistence support has been provided an end date must be entered on ASYS under the regular voucher order. This must be set at the next available end date (a Sunday).

7.20 The status must then be amended to read ‘Terminated’ and saved.

7.21The paper file and ASYS must be minuted to this effect and the file sent to File Store for storage.

7.22 If the appeal is allowed then the support must be reinstated. If the supported person’s vouchers have been cancelled by Sodexho then the caseworker must re-order the person’s voucher entitlement (based on the original calculations of the Assessment caseworker). The caseworker will need to calculate the number, if any, of emergency vouchers required to cover any period between the allowed appeal and the start of the new voucher order.. The caseworker must write to the applicant to advise then that their support will not be discontinued or is being reinstated and, if necessary, give details of the new voucher arrangements. They must also write to the nearest One Stop Service and the accommodation provider to advise them of the decision. The high level status on ASYS must be amended from ‘In Termination or Termination Appeal’ to ‘Allocated’.

7.23 ASYS and the paper file must be minuted accordingly and the file returned to the File Store.

7.24 If the Asylum Support Adjudicators uphold the decision then termination will continue. The case must then be set for review on the 15th day after the termination warning is deemed to have been received by the applicant. i.e. the day after the end of the 14 day grace period.

7.25 The caseworker must ensure that the accommodation provider is notified that the accommodation is now cancelled. They must ensure that:

the Provider is faxed directly with the cancellation details using the standard fax template (Annex F)

the Provider is telephoned to confirm any other details

confirmation is requested from the Provider in writing (and is received)

all copies of the above correspondence are placed on the paper file

the paper file is fully minuted with all actions taken including any telephone conversations with the Provider or any other parties

ASYS is update accordingly

ASPIC is updated accordingly

7.26 Where subsistence support has been provided an end date must be entered on ASYS under the regular voucher order. This must be set at the next available end date (a Sunday).

7.27 The status must then be amended to read ‘Terminated’ and saved.

7.28 The paper file and ASYS must be minuted to this effect and the file sent to File Store for storage.

Ceasing to reside at the authorised address – Early termination.

8.1 Where a supported person ceases to reside at the authorised address their support may be discontinued under regulation 20(1) (d) of the Asylum Support Regulations 2000. It may be appropriate to use regulation 20(1)(a),which, incorporates a reasonableness test where the reason for leaving the accommodation involves an issue which NASS is investigating. If there is no reason that we are looking into, 20(1)(d) may be appropriate.

8.2 Once a decision has been reached that support should be discontinued [see section on ‘Breach of Conditions of Support’ and chapter on ‘Performance Monitoring’] the applicant must be given warning that that their support is to be discontinued.

8.3 The high level status on ASYS on the Accommodation and Subsistence forms must be amended to read ‘In Termination or Termination Appeal’. The caseworker must chose the ‘applicant is in breach of conditions of NASS support’ from the drop down list. The specific reason should also be given.

8.4 The termination date must be entered. This date will be the day the decision to discontinue is implemented i.e. today’s date.

The following letters must be sent; these can be generated through ASYS

Notification to The One-Stop Service closest to the supported person’s accommodation (Annex B)

8.5 This letter is generated by ASYS and the caseworker will be prompted to provide this letter. It advises the nearest One Stop Service that support is to be discontinued. The list of addresses of One Stop Services can be found in the F:drive under NASS Shr ‘Voluntary sector one stop services’

If the supported person is currently in NASS accommodation, notification to the Accommodation Provider (Annex C)

8.6 This letter, also generated by ASYS, advises the accommodation provider that support is to be discontinued and advises them to issue the applicant with a 0 day notice to quit. The notice to quit is usually 7 days but under section 22(4) of the Asylum Support Regulations 2000.the period may be shortened where it is justified and failure to reside at the authorised address is sufficient justification.

This notice is generated by the accommodation provider and is between the provider and the supported person as part of their tenancy agreement. This notice is deemed to have been served on the supported person two working days after the notification to the accommodation provider is sent. This letter also includes a confirmation slip, which the accommodation provider must return to the allocation caseworker when the applicant has vacated the property.

A warning letter to the applicant (Annex G)

8.7 This letter is generated by ASYS. Where the supported person is in receipt of subsistence support, the caseworker must enter details of the date of their final voucher payment and the amount of that final payment. The caseworker must also cancel the vouchers immediately. Where the voucher cycle means that the supported person has received an overpayment, or will receive an overpayment the amount of the total overpayment will need to be calculated and the details sent to complex cases on the overpayment spreadsheet. The overpayment spreadsheet may be found in the Finance subfolder in the NASS shr folder on the F:drive. Caseworkers should create a shortcut to it and place this on their desktop. This can be done by right-clicking the icon and dragging and dropping it on the desktop. A menu will appear and the caseworker should click create shortcut here. Double-clicking the shortcut will open an email with an Excel workbook inserted. Double-clicking the Excel workbook will enable the caseworker to enter the relevant data. The email can then be sent to Complex cases in the usual way. Complex cases will compile the data into a single workbook and forward it to Finance by email once a week. Finance must be informed of the amount and the reason for the overpayment so that it can be formally written off. The calculations will always be based on the original daily calculations provided by the Assessment caseworker..

8.8 As the supported person has a right of appeal against this decision, the warning letter will also contain details of that right of appeal and the procedures for lodging an appeal.

A Notice of Appeal form (Annex H) and an appeals envelope

8.9 These must be sent to the supported person with the warning letter.

Appeals Bundle Cover NASS 21 (Annex I)

8.10 This is printed from the ASYS letter screen. See 8.11 below for details of what must be included in the appeals bundle.

8.11 The supported person has a right of appeal to the Asylum Support Adjudicators against early termination of support. At the time of refusal the caseworker must prepare an appeals bundle. This bundle must include:

a copy of the original application form

copies of any supporting documentation that led to the support being granted

a copy of the notification of the decision to discontinue support

copies of any documentation on which the decision to discontinue was based

copies of any other relevant material

8.12 The bundle is then held on file pending receipt of an appeal. The file must be placed in local hold and reviewed in one week to establish whether an appeal has been received.

If an appeal is received

8.13 Any appeal must be received by NASS within 3 working days of the supported person receiving the decision to discontinue their support. On receipt of the appeal the case must be carefully reviewed in light of the grounds of appeal received.

8.14 If the caseworker decides that the termination of support should

be maintained this must be agreed by the Team Leader. The appeal bundle must be forwarded to the Asylum Support Adjudicators by day 4 of the process i.e. 6 days after the original letter of termination was sent. If the appeal is received ‘out of time’ i.e. after day 3, then the appeal bundle must still be forwarded to the Asylum Support Adjudicator, but the caseworker must indicate as part of the appeal bundle that the appeal was received out of time and any reasons given for this using the out of time allegation NASS 57 (Annex J) held on the F:drive under ASYS templates in NASS shr.

8.15 If the caseworker, on reviewing the case, decides that the decision to discontinue the support should be withdrawn they must write a detailed consideration and recommendation to their Team Leader. If the Team Leader agrees with this recommendation then support must be reinstated. If the supported person’s vouchers have been cancelled by Sodexho then the caseworker must re-order the person’s voucher entitlement (based on the original calculations of the Assessment caseworker). The caseworker will need to calculate the number, if any, of emergency vouchers required to cover any period between the cancellation of the old voucher order and the start of the new voucher order. The caseworker must write to the applicant to advise them that their support will not be discontinued and, if necessary, give details of the new voucher arrangements. They must also write to the nearest One Stop Service and the accommodation provider to advise them of the decision. The high level status on ASYS must be amended from ‘In Termination or Termination Appeal’ to ‘Allocated’.

8.16 ASYS and the paper file must be minuted accordingly and the file returned to the File Store.

If no appeal is received

8.17 The case must then be set for review on the 10th day after the termination decision is taken. If no appeal has been received against that decision then termination will proceed.

The caseworker must ensure that the accommodation provider is notified that the accommodation is now cancelled. They must ensure that:

the Provider is faxed directly with the cancellation details using the standard fax template (Annex F)

the Provider is telephoned to confirm any other details

confirmation is requested from the Provider in writing (and is received)

all copies of the above correspondence are placed on the paper file

the paper file is fully minuted with all actions taken including any telephone conversations with the Provider or any other parties

ASYS is update accordingly

ASPIC is updated accordingly

8.18 Where subsistence support has been provided an end date must be entered on ASYS under the regular voucher order. This must be set at the termination date.

8.19 The status must then be amended to read ‘Terminated’ and saved.

8.20 The paper file and ASYS must be minuted to this effect and the file sent to File Store for storage.

8.21 If the appeal is allowed then the support must be reinstated. If the supported person’s vouchers have been cancelled by Sodexho then the caseworker must re-order the person’s voucher entitlement (based on the original calculations of the Assessment caseworker). The caseworker will need to calculate the number, if any, of emergency vouchers required to cover any period between the allowed appeal and the start of the new voucher order. [I did not think NASS is backdating support - see earlier]The caseworker must write to the applicant to advise them that their support will not be discontinued and, if necessary, give details of the new voucher arrangements. [In some cases it will be necessary to amend this letter as in some cases we may well have immediately discontinued support – for example for breach of condition so support will have already been discontinued by the time of the appeal] They must also write to the nearest One Stop Service and the accommodation provider to advise them of the decision. The high level status on ASYS must be amended from ‘In Termination or Termination Appeal’ to ‘Allocated’.

8.22 ASYS and the paper file must be minuted accordingly and the file returned to the File Store.

8.23 If the Asylum Support Adjudicators uphold the decision then termination will continue. The case must then be set for review on the 10th day after the termination decision is taken.

8.24 The caseworker must ensure that the accommo