ADDITIONAL SINGLE PAYMENTS IN RESPECT OF ESSENTIAL LIVING NEEDS

34 - ADDITIONAL SINGLE PAYMENTS IN RESPECT OF ESSENTIAL LIVING NEEDS – Version 1.0

1. General

Regulation 11 of the Asylum Support Regulations 2000 provides for a person who has been supported under the Act for at least six months to apply for an additional single cash payment in respect of essential living needs.

2. Scope and Purpose

2.1 This instruction relates to a cash payment of £50.00 (in the form a single issue of vouchers redeemable for cash) for asylum seekers and their dependants who have completed at least six months on support under the Act. It explains how to process the applications and how to calculate the six months and the amount payable. It does not relate to any other payments. The time for processing these applications should take no more than 3 Weeks.

3. Registration of Applications

Asylum Seekers and their dependants who have been supported by NASS for at least six months must submit a written application for and request the £50.00 single payment. Their representative can submit applications on their behalf.

Registration caseworkers should locate the supported person’s file and attach the application to it. Applications may come in the form of letters, facsimiles or proformas. Applicants or their representatives applying by facsimile should be asked to forward the original application for the additional payment. Files stored outside registration should be recovered so that the application can be processed.

Registration caseworkers should record the application on ASYS as correspondence, but make specific reference to it being an application for a Single Additional Payment. Fully minute the file and forward to Validation Section. If an application appears to be a duplicate of an earlier one it must be referred to the EO or HEO who will decide whether to forward the case to Performance Monitoring Team to investigate.

Caseworkers who are unable to trace any records of the applicant either on ASYS or on paper files should write to them using the attached template at Annex A.

4. Validation of Applications

Validation caseworkers should check the file against ACID to check the asylum status of the applicant. There is a possibility that some of the claims for asylum will have been determined and ASYS may not be updated. The applicant may not yet be aware of the change of status.

Caseworker’s identifying cases that are now ineligible for NASS support, because the applicant has been granted Refugee Status, Exceptional Leave to Remain or received a negative decision and/ or has exhausted all avenues of appeal, should refer them to Allocation Section with a recommendation to discontinue support. If there appears to be something unusual about the application refer the case to the EO or HEO who will consider whether to submit it to Performance Monitoring Team for further investigation. Except when the application is from a family with minor dependants (but if the application is from a family who have been granted refugee status or ELR, as opposed to having been refused, they will be eligible for social security benefits so will be no longer need NASS support) or the applicant is enjoying his or her 14-day grace.

4.3 Caseworkers should forward eligible cases onto Assessment Section

5. Assessment of Applications

Assessment caseworkers should check the application for the Additional Single Payment to identify the number of persons requesting payment, such as the applicant's dependants. Check that the applicant and his or her dependants (if any) have received NASS support for a minimum of six months. Look at the main applicant and each dependant separately. A subsequent claim’s qualifying period begins the day after the previous six months period was determined by NASS. Each member who has completed the six-month qualifying period should normally be eligible to claim the additional single payment. In theory, a NASS supported asylum seeker (or dependant of an asylum seeker) could qualify for £100 per year if they are continuously supported by NASS during that time.

Applications from households whose support from NASS commenced at different times should be treated carefully. Examples of such cases could include family joining up with other members who are already receiving NASS support. An example of the calculations would be:

Caseworkers should check whether the applicant has previously had his or her support discontinued or suspended during the six-month period he or she is claiming as having received support from NASS.

5.4 Discontinued and Suspended Cases: Caseworkers should exclude any period of time that the applicant has been supported by NASS and subsequently the support is discontinued or suspended.

5.5 This does not apply when the applicant had his or her appeal against discontinuing or suspending support upheld by the Asylum Support Adjudicators or the Courts. It will not apply when there are innocent members of the person’s household who subsequently reapply for support separately to the original main applicant. In these cases caseworkers should consider making an exceptional payment under regulation 10(6). Examples of the calculations would be:

Claim	1st NASS support	Dis/Sup	Court/ASA OT	2nd NASS support date	Date of App	Eligible Y/N
A	4 April 2000	5 May 2000	N	4 June 2000	5 October 2000	N
B	4 April 2000	5 May 2000	Y	10 May 2000	5 October 2000	Y
C	4 April 2000	5 September 2000	N	10 September	11 October 2000	N
D	4 April 2000	5 May 2000	N/A	10 September	11 October 2000	N
E	4 May 2000	5 June 2000	N	10 September	11 March 2001	Y
The six-month period is restarted on the date of the second support for Claimants A, C and D. If Claimants A, C and D have dependant, who were innocent parties, providing they reapplied for support and are accepted, they will be eligible for the additional single payment from the original date support was provided or from the day after a six-month period has passed. Therefore Claimant A may become eligible on 5 December. Claimant B had his or her appeal upheld and therefore caseworkers should ignore the discontinuation of support. Claimant E qualifies because six-months have passed since the second allocation of support.

5.6 Discontinuation or Suspension of supported persons either through no fault of their own or by the actions of a third party. These cases will include those people who have support stopped because they are required to stay in hospital or detained and subsequently released. Caseworkers should consider making exceptional payments under regulation 10(6), which must be approved by the section’s SEO or HEO. To calculate the qualifying period caseworkers should take into account any period of time that the applicant was supported by NASS prior to suspension of support, but exclude any period that the support is suspended. Examples of the calculations would be:

Claim	1st NASS support	Dis/Sup	Court/ASA OT	2nd NASS support date	Date of App	Eligible Y/N
A	4 April 2000	5 May 2000	N	4 June 2000	5 November 2000	Y
B	4 April 2000	5 May 2000	Y	10 May 2000	5 October 2000	Y
C	4 April 2000	5 September 2000	N	10 September	11 October 2000	Y
D	4 April 2000	5 May 2000	N/A	10 September	11 October 2000	N
The six-month period is calculated taking the sum of the supported periods. Claimant A is calculated by adding the first period to the second, ie 1 month + 5 months = 6 months. Claimant D is not eligible as he or she has only received a total of 2 months support and may become eligible on 11 February. Claimant B had his or her appeal upheld and therefore caseworkers should ignore the suspension of support. Dependants of claimants who had their support discontinued or suspended can apply to have their support reinstated. If successful they will be eligible for the additional single payment from the original date support was provided or from the day after a six-month period passed.

5.7 The Asylum Support Regulation 2000, regulation 11(6) allows for the Secretary of State to extend the six-month qualifying period by any period for which the applicant is responsible without reasonable excuse for a delay in the determination of his or her claim for asylum. Caseworkers should look at each case individually, but examples of circumstances that may constitute a delay could include failure to attend an arranged asylum interview, failure to respond to correspondence within a specified period in respect of their asylum claim or failing to attend an asylum appeal hearing when requested. (Any action/omission, which we are going to try to rely on to extend the 6 months, must be "without reasonable excuse" – see regulation 11(6).)

5.8 Caseworkers should only refer cases to ICD that have either been in receipt of NASS support for at least twelve months or where applicants have by their own unreasonable actions delayed the allocation of their support. Examples of such actions could include failure to travel, making more than one request to change address or implicated in anti-social behaviour. Referrals to ICD must be approved by the section’s HEO or SEO, using the proforma on Annex B and the advice note, requesting details about whether the applicant, without reasonable excuse, is responsible for a delay in the determination of his or her claim for asylum. The Proforma should be sent to ACU, 3rd Floor, A Block, Whitgift Centre. Alternatively, ICD may refer cases to NASS when they consider asylum seekers have unreasonably delayed the determination of their claims. The ICD Caseworker should specify the reason the action of the asylum seeker that caused the delay is considered unreasonable and the length of the delay that resulted from it (as opposed to delay for any other reason). This should be completed within two working weeks and returned to the Assessment Caseworker, including nil responses.

5.9 The Assessment Caseworker should check he or she has all the relevant documents to complete the case assessment, including the response from ICD. If an applicant is believed to have unreasonably delayed the determination of his or her asylum claim, the delayed period must be added to the qualifying period. Where an applicant has dependants who joined him or her at a later date and have submitted a separate claim for asylum, they should be excluded in the calculations for extending the qualifying period for their applications. Dependants’ eligibility for the Additional Single Payment will depend upon whose claim for asylum they have been included on as dependants. Extensions to the six-month qualifying period should only be applied to the person who is believed to be unreasonably delaying the determination of their claim. Innocent dependants would still be eligible for the additional single payment at the end of the original qualifying period. Examples of the calculations would be:

Claimant	NASS support started	Normal 6 Month Qualify	Period of delay	New Qualifying Date
A	4 April 2000	5 October 2000	1 Month	5 November 2000
B	4 April 2000	5 October 2000	43 days	17 November 2000
Mother (Sep Claim)	4 April 2000	5 October 2000	1 Month	5 November 2000
Son (Mum Dep)	4 April 2000	5 October 2000	N/A	5 October 2000
Father (Sep Claim)	15 April 2000	16 October 2000	N/A	16 October 2000
Daughter (Dad Dep)	15 April 2000	16 October 2000	N/A	16 October 2000
The calculations will show that it is possible for a person who was supported by NASS after their partner could be eligible for support before them, providing they have a separate asylum claim. The mother in this example was deemed to unreasonably delayed the determination of her asylum claim, therefore the qualifying period for the Single Additional Payment is extended for her but not for the dependant named on her asylum claim, who is an innocent party. The father, who did not unreasonably delay the determination of his asylum claim is eligible to claim the Single Additional Payment along with the dependant named on his asylum claim before his partner, the mother, even though she received NASS support before him. The family above could claim up to £50 on 5 October, £100 on 16 October and another £50 on 5 November.

Assessment Caseworkers should check whether applicants join their asylum claim to their partners. Normally this should not effect claims for the Additional Single Payment, other than to remit any extension to the qualifying period of the person becoming the dependant on the asylum claim.

5.11 Applicants may request a review of the circumstances leading to the extension to the qualifying period. These should be referred to the ICD caseworker for advice.

5.12 Once the assessment caseworker has calculated whether the applicant and his or her dependants (if any) qualify for the Additional Single Payment. The amount payable is £50.00 per qualifying person.

5.13 Caseworkers should write to the applicant if he or she and his or her dependants (if any) do not qualify for the Single Additional Payments using the template on Annex C. Attach copy to the file.

5.14 Assessment caseworkers should fully minute the file detailing the calculations and consideration for their decisions. The case should then be sent to allocation. ASYS must be updated and actions should be fully detailed.

6. Allocation of Additional Single Payment

NASS supported asylum seekers who qualify for the Additional Single Payments are entitled to receive the money in cash vouchers.

Allocation caseworkers should issue each qualifying member with 5 x £10 cash vouchers. Therefore, a family of four all qualifying should receive £200 in total. Do not assume just because the applicant qualifies that all his or her dependants also qualify.

The vouchers should be issued as Regular Vouchers by tapping on and off the payment as a one off issue. The caseworker should make a note on ASYS, by double clicking on the allocated vouchers, to confirm that the payment has been authorised and made. The vouchers should be issued in the usual method and can be collected from the authorised Crown Post Office.

6.4 Caseworkers should write to the applicant if he or she and his or her dependants (if any) qualify for the Single Additional Payments either using the template on Annex D, if they all qualify, or Annex E, if only some of the members qualify. Attach copy to the file.

6.5 The file should be fully documented and minuted, including information about the amount paid and when the applicant and their dependants (if any) may become eligible for another Additional Single Payment. This information should be duplicated on ASYS.

6.6 Return file to storage.