DISBENEFITED CASES

51 -DISBENEFITED CASES

1. SCOPE OF THE DOCUMENT

1.1 This document gives guidance to NASS case-workers dealing with applications from asylum seekers who have previously been in receipt of social security benefits (see Policy Bulletin 10 issued on 28/07/00) and then have their asylum application refused by the Integrated Casework Directorate (ICD) (so called disbenefited cases). This document does not give guidance to local authorities on grant funding arrangements for disbenefited cases ( see NASS Policy Bulletin 52 issued on 23/02/01).

2.PROCESS SUMMARY

Local Authorities:

Help those families with children refused asylum on or after 25/9 to complete application forms (they may also provide them with up to three weeks of emergency subsistence payments).

Attach a cover sheet and accommodation pro-forma to the NASS application form.

Registration:

Copy the Local Authority cover sheet to the Finance section (families with children only).

Flag disbenefited cases so that they can be easily identified.

Validation:

Note the file and ASYS with relevant case event dates as recorded on ACID.

forward cases to the Disbenefited Team (Section F).

Disbenefited Team (Section F) Assessment:

Decide whether the applicant qualifies for support.

Decide whether the applicant meets the criteria for avoiding dispersal, and if so, copy the Local Authority accommodation check list pro-forma to PACE (likely to be families with children).

Ensure that disbenefited cases with a rent liability are not provided with vouchers only support.

PACE ( Property Advisors to the Civil State) :

If a pro-forma is referred (likely to be families with school age children), PACE decide whether the accommodation is appropriate.

If accommodation is within three miles of Crown Post Office, PACE load the accommodation details onto ASYS and notify the Disbenefited Team ( who will allocate vouchers in the usual way, notify applicant and Local Authority that voucher support will be provided until a final decision has been made about the accommodation ( see below))

If accommodation is appropriate PACE will place the address on ASYS and the pro-forma is returned to the Disbenefited Team with an appropriate minute attached.

If accommodation is not appropriate PACE will, where possible recommend alternative nearby accommodation, and attach a minute to the pro-forma which is returned to the Disbenefited Team.

Disbenefited Team (Section F) Allocation:

Those that do not meet the criteria for avoiding dispersal are allocated in the usual way.

If accommodation is within three miles of Crown Post Office PACE load the accommodation details onto ASYS and notify the Disbenefited Team. Vouchers are allocated in the usual way, and the applicant and Local Authority are notified that voucher support will be provided and the costs of the accommodation will be met until a final decision has been made about the accommodation.

If PACE decide that the accommodation is appropriate, the Disbenefited Team is notified and the accommodation is allocated in the usual way and the applicant is notified. The Local Authority is also notified that NASS has agreed to continue to meet the costs of the accommodation.

If PACE decide that the accommodation is not appropriate, PACE will where possible recommend nearby alternative accommodation which will be allocated in the usual way notifying the applicant and the Local Authority.

3. WHICH DISBENEFITED CASES ARE ELIGIBLE FOR NASS SUPPORT?

3.1 Asylum seekers who are in receipt of social security benefits, such as income support and housing benefit, cease to be entitled to that support when his/her asylum application has been recorded as refused by the Secretary of State (in practice this means the Integrated Case-work Directorate (ICD)).

3.2 From 25 September, asylum seekers in England and Wales who applied for asylum on arrival before 3 April 2000, whose asylum applications are recorded as refused on or after 25 September 2000, will cease to be entitled to social security benefits. Accordingly, such persons are eligible to apply to NASS for support under section 95 of the Immigration and Asylum Act 1999 (see Policy Bulletin 15 issued on 04/08/00).

3.3 Those who were refused asylum before 25 September, remain eligible to apply for support (or continue to receive support) from their local authority under the provisions of the Asylum Support (Interim Provisions) Regulations 1999 (except those who received notification of refusal while in Kent on or after 17 April 2000, in which case they too are eligible to apply to NASS for support).

3.4 In Scotland and Northern Ireland disbenefited cases will continue for the time being, to be able to apply to their local authority for support (or continue to be supported) under the Social Work (Scotland) Act 1968 (please refer to the most up-to-date information on the NASS roll out).

4.REGISTRATION PROCESS

4.1 Upon receipt of a disbenefited case the registration case-worker should:

photo-copy the local authority cover sheet ( see Annex B) and forward it to the Finance section ;

minute their action on the file.

4.2 Registration case-workers should flag disbenefited cases with an appropriate sticker so that they can be identified as the files pass through the various sections in NASS.

4.3 Registration case-workers should also identify cases where singles or childless couples have asked for immediate support because they are destitute (see NASS Policy Bulletin 53 issued on 23/02/01)

4.4 How Registration can identify disbenefited cases

4.5 If a file is received with a local authority cover sheet (see paragraph 2 above)or a local authority accommodation checklist ( see annex A) , the file should be flagged as a disbenefited case.

4.6 If the cover sheet and pro-forma is absent, other information on the application form may indicate that the file should be flagged as disbenefited:

Section 10 of the NASS application form asks the asylum applicant to give details of any state benefits which the person is currently receiving. Asylum seekers may indicate in this section that they were in receipt of social security benefits but have recently lost their entitlement because they have been refused asylum.

Asylum seekers may indicate in section 12 that they have been disbenefited.

4.7 Note 10 of the accompanying notes for guidance advises the applicant to provide documentary evidence that the person has recently lost his/her benefit entitlement. The Benefits Agency provide a letter indicating that the person's entitlement to social security has ceased. If this letter is enclosed with the application form the file should be flagged as a disbenefited case.

4.8 A letter from the Immigration and Nationality Department may confirm that the person's asylum application has been recorded as refused. This on its own should not be accepted as evidence that the file should be flagged as a disbenefited case. However if the asylum seeker has also applied for asylum on arrival then the case should be flagged as disbenefited (for a disbenefited asylum seeker to be eligible for social security in the first place they should have applied for asylum on arrival). A port reference in section 2 of the application form will indicate that the applicant applied for asylum on arrival.

4.9 The Registration case-worker should not delay progressing the case by investigating whether a case is disbenefited. If in doubt the file should be flagged as disbenefited and passed to the Validation section.

5. VALIDATION PROCESS

5.1 Apart from disbenefited asylum seekers in Kent, there are no arrangements for the voluntary sector reception assistants (Refugee Council, Refugee Action Project etc) to help disbenefited asylum seekers complete their application forms. Local authorities can be grant funded to help families with children complete application forms.

5.2 The Validation section should not normally return incomplete forms to disbenefited single asylum seekers.

5.3 The Validation case-worker should check ACID and minute the file and ASYS with relevant details including:

the date the person applied for asylum

the date the asylum application was refused

the date the refusal decision was despatched

the date the person appealed against refusal of asylum

5.4 If ACID indicates that the applicant does not appear to be eligible for NASS support (for example because the person's asylum application was recorded as refused before 25 September 2000) the application should nevertheless be Validated and passed to the Assessment section dealing with disbenefited cases. In such circumstances it is for the Assessment section to decide that the person does not qualify for support and prepare appropriate refusal papers.

5.5 If there is no record on ACID and no satisfactory documentary evidence that the person has applied for asylum, the ASYS record should be amended to "Asylum claim No" and passed to the Disbenefited Team.

6. ASSESSMENT PROCESS

6.1 It is the Assessment case-worker's responsibility to obtain sufficient information to make a decision on the case, if the application form of a single disbenefited asylum seeker has not been completed in full. It may be necessary for the person to be interviewed by a NASS case-worker, if the (single) applicant has difficulty completing the application form.

6.2 The Assessment case-worker must determine whether the person is eligible to apply for NASS support (see section 2 above) taking into account relevant case events that have been noted by the Validation section and any documentary evidence ( such as SAL documents).

6.3 For a disbenefited applicant to be eligible to apply for support under section 95 of the Immigration and Asylum Act 1999, the person should:

Have applied for asylum on arrival before 3 April 2000

Be living in England and Wales

Have had his/her asylum application recorded as refused on or after 25 September 2000 (or if the person was served with a refusal while in Kent on or after 17 April 2000).

Have had their social security benefits ended and produced the necessary documentary evidence (see paragraph 6.6 to 6.10 below) (NB some applicants may not have previously applied for or been in receipt of social security benefits in which case documentary evidence is not required)

Have appealed within 16 days of the day the appealable asylum decision was despatched, as recorded on ACID ( NB see also paragraphs 6.11 to 6.15 below).

6.4 The Assessment case-worker must record all this information on the file minute, including noting any documentary evidence, in addition to recording their decision on whether the applicant is eligible for NASS support and qualifies for it (ie he/she is destitute).

6.5 The Assessment case-worker must take into account any over paid social security benefit or support provided by the local authority (in the case of families with children) when determining the level of support to be provided. The Assessment case-worker must ring the relevant local authority to determine whether any further payment has been made, to ensure that NASS payments do not overlap with any payments made by the local authority ( see also NASS Policy Bulletin 52 issued on 23/02/01 ).

6.6 Documentary Evidence

6.7 Note 10 of the NASS application form notes for guidance advises the applicant to provide documentary evidence that the person has recently lost his/her benefit entitlement. The Benefits Agency provide asylum seekers with a letter indicating that his/her entitlement to social security has ceased. This letter must be produced to ensure that social security benefits are not continued to be paid when there is no entitlement. If it is not enclosed with the application the case-worker must write to the applicant, with a pre-paid envelope and advise him/her to provide the letter.

6.8 If the Benefits Agency letter has been lost, the person should be advised to obtain a replacement or copy from the Benefits Agency.

6.9 If this is not possible, the relevant local Benefits Agency may be contacted in order to obtain verbal confirmation that social security payments have ceased. If the phone number of the Benefits Agency is not known, case-workers may ring Tony Peck (of the Benefits Agency) on 01603-248443, who will be able to advise which Benefits Agency to contact.

6.10 The Assessment case-worker must record the details of the Benefits Agency letter, or record details of the telephone call with the Benefits Agency (including the location of the agency and employee) on the file minute.

6.11 What if ACID does not indicate that the disbenefited person has appealed?

6.12 In the majority of cases ACID will indicate that the person has appealed and can be provided with support as an asylum seeker as defined by section 94 of the Immigration and Asylum Act 1999. However, there may be cases where ACID indicates that the person has been refused asylum and the person has not yet appealed against that decision.

6.13 NASS provides support to refused (eligible) asylum seekers for 14 days after the person was notified of the decision. It is NASS policy that this 14 day period does not start until two days after the day the decision was despatched (as recorded on ACID) if the decision was despatched by post.

6.14 Thus if ACID indicates that the person has not appealed within 16 days after the date the decision was despatched, the application should be refused because the person can no longer be considered to be an asylum seeker (please note that families with dependant children under 18 should not be refused or discontinued because under the provisions of section 94(5) of the Immigration and Asylum Act 1999 they should be treated as asylum seekers until the child (or children) become 18 or leave the UK) ( see also Policy Bulletin 35 and 41).

6.15 If the applicant has applied for support within 16 days of the date the decision on which the decision was despatched, ACID may not indicate whether the person has appealed (because he/she may not appeal until the 16th day). In addition the support application may even be lodged before the date of despatch but after the decision outcome date. In such circumstances the case should be progressed in the usual way because the person is still an asylum seeker at that time and eligible to be considered for support. If the person is provided with support and ACID subsequently indicates that the person did not appeal within 16 days of the day on which the asylum refusal decision was despatched, then support should be terminated (see NASS Policy Bulletin 22). This would normally be dealt with by case-workers in Team 2 on the 3rd floor of Voyager House when they receive notification via their regular ACID reports.

7. Disbenefited asylum seekers who ask to be provided with accommodation in a particular area

7.1 When deciding whether dispersal is appropriate Assessment case-workers should consider the applicant's circumstances. Some disbenefited asylum seekers may ask to be located in a particular area, for example in London to be near their relatives. It is essential that Assessment case-workers carefully consider any such requests and give written reasons to the asylum seeker, if the case-worker decides that dispersal is appropriate. This is in accordance with the case-working instructions contained in NASS Policy Bulletin 31 issued on 12/10/00. The file minute must also reflect the reason for the decision.

7.2 Disbenefited families whose dependant children have attended their school for at least a year and who wish to remain in their current accommodation (or who wish to remain in their locality) should not normally be dispersed (this may depend on availability of satisfactory accommodation (see below)).

7.3 For those disbenefited families with children who do not meet this criteria (at paragraph 7.2 above), discretion may be exercised by NASS case-workers if the dispersal is likely to cause unreasonable disruption. Such cases should be agreed at HEO level.

8. Disbenefited families with children of school age who ask to remain in their accommodation

8.1 Disbenefited families with children of school age who have attended their school for at least a year and who indicate at section 6a of the application form that they wish to remain in their current accommodation should not normally be dispersed ( see Policy Bulletin 31). The Assessment case-worker should make a written recommendation to their EO on whether dispersal is appropriate. The EO will decide whether the family should not dispersed (NB. some cases should be referred to HEO level (see Policy Bulletin 31)), minute the file accordingly and pass the file back to the Assessment case-worker.

8.2 If it has been agreed at the appropriate grade (see above) that an asylum seeker meets the criteria to be exceptionally allowed to avoid dispersal, the Assessment case-worker should:

record the NASS reference number on the accommodation pro-forma

photocopy the pro-forma and pass it to PACE (second floor, Quest House).

8.3 It is the responsibility of PACE to determine whether the current accommodation is appropriate. PACE will return the accommodation pro-forma to the Disbenefited Team, advising of their decision. The case will then be passed to an Allocation case-worker (see section 9 below).

8.4 For "vouchers only" or "subsistence only" applications please see section 11 below

9. ALLOCATION PROCESS

9.1 Disbenefited cases which meet the criteria for dispersal should be dealt with by Allocation case-workers in the Disbenefited Team in the usual way.

9.2 If it has been decided that the applicant meets the criteria for avoiding dispersal the Assessment case-worker will forward the accommodation pro-forma to PACE (see paragraph 8.2 above). PACE will determine whether the accommodation is appropriate. PACE will initially determine whether the accommodation is within three miles of a Crown post office which participates in the Sodexho scheme. If it is within three miles then PACE will place the accommodation details on ASYS and notify the Disbenefited Team who will allocate vouchers in the usual way, notifying the applicant and the local authority that vouchers will be exceptionally provided on a temporary basis until a final decision has been made on the accommodation. The local authority will also be notified at this point that the reasonable costs of the accommodation will be met until a final decision has been made on the accommodation (see Annex G).

9.3 PACE will notify the Disbenefited Team when they have decided that the accommodation is appropriate and that NASS is therefore prepared to meet the cost of it. In such circumstances the Allocation case-worker will allocate the accommodation in the usual way and advise the applicant. The Local Authority must also be advised that NASS has agreed to reimburse local authorities for paying the rent and utilities and that a managing agent payment will be made (see Annex H).

9.4 What happens if the existing accommodation is not acceptable to PACE?

9.5 PACE may decide that the current accommodation is not appropriate and recommend alternative nearby accommodation (i.e. where possible, close enough to the original location that the children may continue to attend their school). In such circumstances PACE will return the pro-forma to the Disbenefited Team with a minute of their decision attached.

9.6 The Allocation case-worker should:

note on the file that the accommodation pro-forma has been returned from PACE ;

note on the file the decision taken by PACE;

allocate the recommended accommodation;

where appropriate arrange for travel

where appropriate exceptionally arrange for transport of possessions ( this must be authorised at SEO level)

enclose a letter, to the applicant, with the support package, which incorporates the wording provided by PACE ( a template is attached at Annex C). This letter will advise the applicant that they are being offered alternative accommodation, that they must move to the accommodation at the arranged date and that failure to do so may result in their support being discontinued.

Advise the Local authority of the decision ( Annex I)

9.7 If the family forward representations asserting that they should remain in their current accommodation these should be taken into account and responded to by the appropriate case-worker.

9.8 If the family refuse to take up the offer of accommodation their application for support may be discontinued for failing to travel as a condition of support (if appropriate) (regulation 20(1)(a)). In the case of families, with dependant minor children, who refuse to take up an offer of alternative accommodation, refusal letters should indicate that a further application for support will be exceptionally entertained.

9.9 What happens if the family have been offered alternative accommodation and they change their application to vouchers only support?

9.10 In such circumstances the case should be dealt with using the principles set out at section 11 below.

10. DISBENEFITED FAMILIES WITH CHILDREN OF SCHOOL AGE WHO DO NOT WANT TO STAY IN CURRENT ACCOMMODATION BUT ASK FOR ACCOMMODATION IN THEIR LOCALITY

10.1 Asylum seekers with dependant children of school age (see Policy Bulletin 31 issued on 12/10/00)(who therefore may exceptionally be allowed to remain in a particular area in order to avoid disrupting the children's education), may indicate at Section 6a of the application form that they do not wish to stay in their current accommodation but ask for accommodation in their current locality.

10.2 In such circumstances (or if there is another exceptional reason for allowing the family to remain in the locality) the assessment case-worker should:

write out the reasons why the person does not want to stay in their current accommodation on a minute sheet;

attach the minute sheet to the photocopy of the accommodation pro-forma;

send the pro-forma and minute sheet to the PACE.

10.3 PACE will make a judgement on whether the person should be supported in their existing accommodation based on whether the accommodation is considered to be appropriate. If PACE decide that it is appropriate that the person be supported in their existing accommodation they will place the accommodation details on ASYS and return the accommodation pro-forma to the Disbenefited Team with reasons for their decision attached. The Allocation case-worker should:

note on the file that the pro-forma has been received from PACE;

note on the file the decision taken by PACE;

allocate the accommodation in the usual way;

incorporate the reasons for the decision into a letter which they will enclose with the support package.

10.4 If PACE recommend that the accommodation is not appropriate then they will attach the reasons for their decision to the accommodation pro-forma and return it to the Disbenefited Team advising whether alternative nearby accommodation (i.e. close enough to the original location that the children may continue to attend their school) has been allocated ( or if not possible other accommodation). The Allocation case-worker should:

note on the file that the pro-forma has been received from PACE;

note on the file the decision taken by PACE;

allocate the recommended accommodation;

where appropriate arrange for travel

where appropriate exceptionally arrange for transport of possessions ( this must be authorised at SEO level)

Advise the local authority of the decision (Annex I)

10.5 What happens if the family have been offered alternative accommodation and they change their application to vouchers only support?

10.6 In such circumstances the case should be dealt with using the principles set out at section 11 below.

11. DEALING WITH DISBENEFITED ASYLUM SEEKERS WHO:

HAVE ASKED TO REMAIN IN EXISTING ACCOMMODATION; and

HAVE APPLIED FOR VOUCHERS ONLY; and

MEET THE CRITERIA FOR DISPERSAL ( or meet the criteria for being offered alternative accommodation (see paragraph 8.5 ); and

HAVE A RENT LIABILITY

11.1 ASSESSMENT PROCESS

11.2 If a disbenefited asylum seeker has requested subsistence only ( ie voucher only support) or after being offered either dispersal accommodation or alternative accommodation the applicant switches their application to vouchers only support, it is essential that Assessment case-workers check whether the person has a rent liability which he/she has no means of paying. Section 6a should provide this information. If the applicant states that they are currently living in rented accommodation and they have no means of meeting that liability, as a matter of policy, NASS will not provide voucher support while the person remains there.

11.3 The Assessment case-worker should write to the applicant advising them of our policy, to enquire whether a friend or relative is able to meet the cost of their accommodation and if this is not possible advise them to also apply for accommodation (see Annexes D (for those that have switched) and E). The file minute should reflect the reasons for the decision and the file should be placed in hold for one week.

11.4 If the applicant replies and advises that they wish to apply for accommodation and subsistence then the case should be dealt with in the normal way.

11.5 If the applicant replies but states that they wish to remain in their existing accommodation the person's reasons should be considered (in accordance with Bulletin 31 issued on 12/10/00) and if appropriate refused (see Annex F).

11.6 Refusals of such applications should be made on the basis that NASS does not provide "voucher only" support to asylum seekers who are living in accommodation when he/she has a rent liability which they cannot meet. The refusal letter should reflect the reasons for rejecting any request to remain in London (see Bulletin 31 issued on 12/10/00). The refusal will attract a right of appeal.

11.7 In the case of families with dependant minor children, refusal letters should indicate that a further application for support will exceptionally be entertained provided the application is for accommodation and vouchers.

ANNEX A

ACCOMMODATION CHECKLIST: This form should be attached to each NASS application form submitted to NASS through a local authority in accordance with the arrangements for disbenefited family cases where the family does not wish to be dispersed.

Name of Asylum Applicant
Address of Property including post code
Number of bedrooms
Number of bedspaces
Number of bedspaces occupied
Rent (Please provide supporting documentation)
Council Tax (Please provide supporting documentation)
Is this a RSL Homelessness legislation property? If so what is the Housing Association management fee? (Please provide supporting documentation)
Are utilities included in the rent (delete as applicable)	Yes/No
Name of Landlord
Is the landlord willing for the family to remain in the property? (delete as applicable)	Yes/No
Does the family wish to be dispersed?
Is this accommodation adequate in terms of property condition in relation to normal local authority lettable standard(delete as applicable)	Yes/No If No give reasons in box provided below.
Is this accommodation adequate in terms of space standards for the family currently in occupation (delete as applicable)	Yes/No If No give reasons in box provided below.
If not adequate in the above respects please give reasons (Continue on separate sheet if necessary)
Does the family have any special needs? If so please give details. (Continue on separate sheet if necessary)
Have you made an emergency payment to this family? If so state how much, date paid and basis of calculation.
Local Authority Contact
Telephone Number
[For NASS use only- NASS Reference number:

ANNEX B

COVER SHEET FOR NASS APPLICATION FORMS SUBMITTED

THROUGH LOCAL AUTHORITIES

This form should be attached to each NASS application form submitted to NASS through a local authority in accordance with the arrangements for disbenefited family cases.

Local Authority
Name of Asylum Seeker claiming support
Date Received by NASS
Local Authority Reference Number	[NASS use only]
NASS Reference Number	[NASS use only]
Recorded by NASS Finance	[NASS use only]

ANNEX C

Template to be used when PACE have advised that current accommodation is not adequate

You have applied for support under section 95 of the Immigration and Asylum Act 1999.

The Secretary of State has carefully considered your application and is satisfied that you are destitute as defined by section 95. He has also decided that, in your particular exceptional circumstances, you may be supported in [ give name of town].

The Secretary of State notes that you have indicated on your application form that you wish to remain in your current accommodation. He also notes that you do not have your own means to pay for your current accommodation.

The Secretary of State has carefully considered your request to be supported in your current accommodation.

Having carefully considered your current accommodation at [ give address] , the Secretary of State [is not satisfied that your accommodation meets those standards because …] [or] [ notes that your current accommodation is disproportionately expensive compared to other accommodation he can provide in the area]. The Secretary of State is accordingly not prepared to meet the cost of your current accommodation. You should also be aware that the Secretary of State is also not prepared to support you with vouchers at your current address, while you have no means to pay for your current accommodation, for any length of time.

The Secretary of State is however prepared to offer you accommodation at [ give address] which he considers is near enough to your current locality that your children may continue attending their current school. Arrangements have been made for you to live at this address from [ give date]. Travel to the accommodation in accordance with our instructions is a condition of your support and failure to take up this offer of accommodation may result in your support being discontinued.

[enter removal details if appropriate]

ANNEX D

Template to be used when applicant has received Annex C and switches to vouchers only application

You have applied for support under section 95 of the Immigration and Asylum Act 1999.

The Secretary of State carefully considered your application and decided that, in your particular circumstances, he was not prepared to meet the cost of your current accommodation, giving reasons for this decision in writing dated [enter date]. As an alternative the Secretary of State offered you accommodation at [ give address] and advised that failure to take up the offer may result in support being discontinued.

By letter dated [ give date] you asked that you be supported with vouchers only at your current address [ give address] . The Secretary of State has carefully considered your request.

The Secretary of State notes that section 6 of your application form indicates that you are living in rented accommodation and the rent is [ enter amount of rent] per month. The Secretary of State notes that you have indicated that you wish to remain in your current accommodation and he also notes that you do not appear to have your own means to pay for your current accommodation. The Secretary of State is satisfied that your current accommodation is not adequate, as defined by regulation 8(3)(b) of the Asylum Support Regulations 2000, because you cannot afford it. The Secretary of State does not offer voucher only support to those who wish to remain in accommodation in respect of which they are unable to pay the rent.

The Secretary of State has already given you reasons why he is not prepared to meet the costs of your current accommodation and as an alternative, made an offer of alternative accommodation.

In the circumstances I would be grateful if your could indicate how you intend to meet the costs of your accommodation. Alternatively should you complete and sign the enclosed pro-forma and return it using the enclosed pre-paid envelope you will again be offered alternative accommodation.

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Template pro-forma to be completed and returned by applicant

PRO FORMA

I confirm that I do not wish to remain in my current accommodation and that I would like to be provided with alternative accommodation.

Other Information:

SIGNED : ________________________

Dated:___________________________

ANNEX E

Template Letter inviting "vouchers only" applicant to apply for accommodation and subsistence support

You have applied for support under section 95 of the Immigration and Asylum Act 1999.

The Secretary of State notes that you have indicated on your application form that you wish to remain in your current accommodation, that Section 6 of your application form indicates that you are living in rented accommodation and the rent is [ give amount] per month. He also notes that you do not appear to have your own means to pay for your current accommodation. The Secretary of State is satisfied that your current accommodation is not adequate, as defined by regulation 8(3)(b) of the Asylum Support Regulations 2000, because you cannot afford it. The Secretary of State does not offer voucher only support to those who wish to remain in accommodation in respect of which they are unable to pay the rent.

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Template pro-forma to be completed and returned by applicant

PRO FORMA

I confirm that I do not wish to remain in my current accommodation and that I would like to be provided with alternative accommodation.

Other Information:

SIGNED : ________________________

Dated:___________________________

ANNEX F

Template refusal letter to be used when applicant insists on vouchers only support in accommodation which NASS has decided not to pay for

You have applied for support under section 95 of the Immigration and Asylum Act 1999.

The Secretary of State carefully considered your request, and advised you that he does not offer voucher only support to those who wish to remain in accommodation in respect of which they are unable to pay the rent. He accordingly invited you to indicate that you did not wish to remain in your current accommodation and that you ask NASS to provide alternative accommodation, by letter dated [ give date] . You failed to reply to that letter [ or- "You failed to indicate that you did not wish to remain in your current accommodation and be provided with alternative accommodation"].

The Secretary of State is satisfied that your current accommodation is not adequate, as defined by regulation 8(3)(b) of the Asylum Support Regulations 2000, because you cannot afford it. The Secretary of State does not offer voucher only support to those who wish to remain in accommodation in respect of which they are unable to pay the rent.

In the circumstances the Secretary of State has decided to finally refuse your application for support .

[If the application is from a family with dependant minor children use this extra paragraph: " In your particular circumstances the Secretary of State is exceptionally prepared to entertain a further application for support provided you apply for alternative accommodation and voucher support"]

[ If the applicant has given reasons why he/she wishes to remain in his/her accommodation and it is decided that dispersal is appropriate this letter should be amended and our decision to disperse incorporated ( see Dispersal instructions)

[Include standard appeal wording]

ANNEX G

Acknowledgement letter to be used to advise Local Authority when NASS has taken over voucher payments

Dear [ local authority case-worker]

I am writing to advise you that the above named family's application for asylum support has been approved.

It has been decided, in the particular circumstances, to provide subsistence support (vouchers) to the family on a temporary basis at their current address, until we have determined whether we are prepared to meet the cost of this accommodation. NASS will reimburse you for the cost of reasonable rent and utilities for the period whilst this decision is being made ( for more information please refer to NASS Policy Bulletin 52 issued on 23/02/01). If you have a query on how to claim reimbursement of accommodation costs from NASS you should speak to Dave Willis in the Finance Team on 020 8633 0041.

You will be contacted again as soon as a final decision has been made when you will also be advised how to claim reimbursement of the accommodation costs and emergency payments associated with this family.

NASS will provide subsistence support with effect from ………….

Yours sincerely

ANNEX H

Acknowledgement letter to be used to advise Local Authority when NASS has decided to meet the cost of the existing accommodation

Dear [local authority case-worker]

I am writing to advise you that NASS has agreed to reimburse your authority with:

the actual cost of the rent; and

the cost of gas, electricity and water rates ( based on the rate set by the DSS); and

a management fee of £79.92 per four week period,

in respect of the above named family's accommodation from [ give date], the date when the NASS application form was submitted.

In order to claim the above you should submit invoices to the NASS Finance section on a four weekly basis.

In addition, if you have not already done so you should also submit an application to the NASS Finance section to claim grant funding of:

£200 for the completion of the NASS application form.

Any emergency subsistence payments ( at NASS rates) you have already made to the family

Reasonable accommodation costs for up to three weeks before the NASS application was submitted.

The applicant has been advised of this decision and regular voucher support is being provided to the family at their address.

For more information please refer to NASS Policy Bulletin 52 issued on 23/02/01. If you have a query on how to claim reimbursement of accommodation costs from NASS you should speak to Dave Willis in the Finance Team on 020 8633 0041.

ANNEX I

Acknowledgement letter to be used to advise Local Authority when NASS has decided that existing accommodation is not appropriate

Dear [local authority case-worker]

I am writing to advise you that NASS has decided that it is not appropriate to continue to meet the costs of the current accommodation of the above named family. In the circumstances the family have been offered alternative accommodation and arrangements have been made for the family to travel to this accommodation on [give date of travel].

If you have not already done so you may submit an application to the NASS Finance section to claim grant funding of:

£200 for the completion of the NASS application form.

Any emergency subsistence payments (at NASS rates) you have already made to the family

Reasonable accommodation costs (rent and utilities) for up to three weeks before the NASS application was submitted.

Reasonable accommodation costs (rent and utilities and managing agent fee) for the period between the date that the NASS form was submitted and the date that arrangements were made for the family to move to NASS accommodation [give date of travel].

The applicant has been advised of this decision.