DISBENEFITED ARRANGEMENTS: SPECIAL FUNDING FOR LOCAL AUTHORITIES FOR DEALING WITH DISBENEFITED FAMILIES WITH CHILDREN

52 - DISBENEFITED ARRANGEMENTS: SPECIAL FUNDING FOR LOCAL AUTHORITIES FOR DEALING WITH DISBENEFITED FAMILIES WITH CHILDREN

1. PURPOSE AND SCOPE

1.1 This document contains useful information on services which local authorities are funded to provide to certain disbenefited asylum seekers under special arrangements.

2. GENERAL
2.1 Asylum seekers who applied for asylum on arrival before 3 April 2000 and who were refused asylum on or after 25 September are eligible for support from NASS (so called NASS eligible disbenefited cases).

2.2 NASS has made special arrangements to fund local authorities so that they can:
· complete the NASS application form
· provide emergency payments in cases of hardship
· cover the costs of rent and utilities

for NASS eligible disbenefited families with children.

2.3 For further details see below.

Why reimburse accommodation costs to local authorities for disbenefited families with children?

2.4 NASS has agreed that if the children of a NASS eligible disbenefited family have attended a particular school for at least a year then, where possible, it will not be necessary to re-locate them if they have appropriate existing accommodation.

2.5 NASS has accordingly developed funding arrangements in order that local authorities can make emergency payments to such families whilst NASS determines whether the family's current accommodation is appropriate.

2.6 The funding also makes a property management payment to the local authority which enables them to make arrangements for the payment of rent and utilities (the cost of which are also reimbursed by NASS).

3. WHO CAN LOCAL AUTHORITIES HELP UNDER THE SPECIAL DISBENEFITED FUNDING ARRANGEMENTS?

Asylum Refused on or after 25 September 2000
3.1 Asylum seekers who were applied for asylum on arrival before 3 April 2000 and whose claims for asylum were recorded as refused on or after 25 September are eligible for support from NASS. These cases are referred to as disbenefited cases because they cease to be eligible for social security benefits when their asylum claim is recorded as refused.

3.2 NASS has set up special funding arrangements to enable local authorities ( ie the Social Services Department within a council or London Borough) to cover the costs of accommodation and provide emergency payments ( see below) of asylum seeking families with children in England and Wales who have been refused asylum on or after 25 September 2000 and have subsequently lost eligibility for social security benefits as a result of that decision ( NASS eligible disbenefited families with children).

Single disbenefited cases
3.3 Local authorities may also be approached for help by single disbenefited on arrival asylum seekers or childless couples who were refused asylum on or after 25 September 2000. Such persons are not normally covered by the special disbenefited grant arrangements. Local authorities may however give such persons a NASS application form, guidance notes and pre-paid envelope. Although the letter provided by the Benefits Agency informing the person that they are no longer eligible for social security benefits already gives a NASS contact number, local authorities may also give the person the NASS helpline phone number (0845 602 1739). The asylum seeker should be advised to complete the form and return it direct to NASS. If such persons require support while their NASS application is being considered they should be asked to contact NASS directly and as quickly as possible (see Policy Bulletin 53 issued on 23/02/01).

3.4 However, exceptionally, and provided agreement is reached with NASS, the local authority may be funded to provide help to single or childless couple disbenefited asylum seekers under the special disbenefited arrangements if:

· The applicant is a single pregnant women or if the applicant's dependent is a pregnant women aged 18 or over.

· The applicant, or member of qualifying couple ( eg spouse or partner who has been living with the applicant as member of married or unmarried couple for two out of previous three years) is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason ( provided the person is not eligible for support under section 21 of the National Assistance Act 1948).

Asylum claim recorded as refused before 25 September 2000
3.5 Asylum seekers who lose their eligibility for social security benefits as a result of a decision on their asylum application made before this date are eligible for local authority support under the interim scheme (except those who have been served with a refusal notice while in Kent between 17 April 2000 and 24 September 2000, in which case they too are eligible to apply to NASS). The normal grant arrangements apply to these cases.

In-Country cases refused asylum
3.6 In -country asylum seekers who are eligible for interim support and who are refused asylum are also not covered by the special disbenefited arrangements. In such circumstances these asylum seekers will continue to be supported by their local authority (provided they appeal within 14 days, against their appealable decision). The normal grant arrangements apply in these cases.

3.7 Local authorities should contact the NASS Disbenefited Team Helpline number 020 8633 0869 where they are in doubt about whether or not to provide assistance under these special arrangements.

4. WHAT SERVICES CAN THE LOCAL AUTHORITY PROVIDE TO NASS ELIGIBLE DISBENEFITED ASYLUM SEEKERS WITH CHILDREN UNDER THE SPECIAL FUNDING ARRANGEMENTS?

Grant arrangements
4.1 Local authorities are grant funded under the special disbenefited arrangements to:
· complete the NASS application form
· complete a Cover Sheet and Accommodation check list to be enclosed with the NASS application form.
· provide up to three weeks worth of emergency payments in cases of hardship
· be reimbursed for the reasonable costs of rent and utilities for up to three weeks before the NASS application from was submitted

for NASS eligible disbenefited families with children ( for definition see paragraph 2.1 above).

Reimbursement of accommodation costs
4.2 When NASS has decided that the accommodation is appropriate and that NASS will meet the costs of the accommodation, the local authority will be reimbursed :
· for the actual costs of the rent; and,
· for the costs of the utilities ( at DSS rates),
for the period from the date the NASS application was submitted. In addition, payments will be made for providing a managing agent service (for details see below).

4.3 If NASS decides that the accommodation is not adequate then NASS will make alternative arrangements for providing accommodation. NASS will reimburse the local authority for the reasonable accommodation costs, and pay a managing agent fee, for the period between the date the NASS application form was submitted and the date that arrangements have been made for the family to move out of the accommodation.

NASS application form
4.4 Local authorities should help NASS eligible disbenefited families with dependant minor children to complete an application form for NASS support. Application forms, guidance notes and pre-paid envelopes have been distributed via the ALG and LGA, but further supplies can be obtained from NASS [Peter Edwards on 020 8633 0257]

4.5 Local authorities should state clearly on the application form:
· the length of time any dependant children have been attending their local school.
· whether the family have requested that the cost of their accommodation be met.

4.6 NASS will pay local authorities a grant of £200 for each completed application form ( together with Cover Sheet and Accommodation Check List), submitted on behalf of a NASS eligible disbenefited family with children.

Cover Sheet and Accommodation check list
4.7 Local authorities should send the form to NASS with a Cover Sheet and an Accommodation Checklist. Copies of these forms are attached at Annex A and B.

Emergency subsistence payments
4.8 Local authorities may provide NASS eligible disbenefited families with children with up to three weeks worth of emergency subsistence payments from the date the application form is submitted if they are imminently due to suffer from destitution. These payments should be made using standard NASS rates, details of which are at Annex C. Further guidance on subsistence rates can be obtained from the Disbenefited Team Helpline 020 8633 0869. These subsistence payments will be reimbursed to the local authority via the special disbenefited grant. NASS aim to take over responsibility for providing subsistence payments and forward an acknowledgement letter to the local authority within 10 working days of receipt of the NASS application form.

Claiming the Grant
4.9 Grant instructions to cover reimbursement of the £200 application fee, the contribution to accommodation costs prior to submission of an application to NASS and emergency subsistence payments will be issued shortly. In order to claim the disbenefited grant, local authorities should record the following details upon submitting the application form to NASS, ideally on an Excel spreadsheet:

§ Family details including name of principal applicant
§ Date family presented to borough
§ Date family became disbenefited
§ Date application submitted to NASS
§ NASS reference number
§ IND asylum application reference number
§ Address of family
§ Your case reference
§ Landlord
§ Details of property
§ Property costs
§ Review dates
§ Details of any changes in circumstances

What happens after the NASS form has been submitted
4.10 If NASS is satisfied that the applicant ( NASS eligible disbenefited family with children) qualifies for support then NASS aims to take over the payment of the voucher support and provide an acknowledgement within 10 working days of the day the form was submitted ( see Annex D). NASS will then take steps to determine whether it is appropriate to meet the costs of the accommodation. When this has been decided NASS will inform the applicant . The local authority will also be advised at this point of the decision, and of what costs they can claim from NASS (see Annex E).

Rent and Utilities
4.11 If NASS decide that it is appropriate to cover the cost of the accommodation then NASS will reimburse the local authority with full costs of rent, council tax, any housing association management fee and utilities. NASS will reimburse these accommodation costs whilst the form is being processed, and if it is decided that the family should be moved NASS will also reimburse these costs until the date that arrangements have been made for the family to travel to the offered accommodation. Payments will be made against invoices submitted by the local authority. No more than one invoice should be submitted for any 4 week period and the invoice should include all accommodation costs. NASS will only pay the local authority and will not, for example, pay private landlords direct.

4.12 For ease of invoicing utility costs should be based on the rates set by the DSS for gas electricity and water rates, but authorities incurring additional utility costs above these rates should make a separate claim to NASS. Local authorities should submit invoices on a four weekly basis for these costs, which should be expressed as a fixed weekly cost per property. Once it has been agreed that the family will not be moved NASS will raise weekly purchase orders for these properties.

4.13 NASS's contribution of up to three week's accommodation costs for the period between the date the family became disbenefited and the date their application for support is submitted to NASS will be paid at the same rate as payments made under paragraph 4.11 and 4.12. This will be paid via the disbenefited grant.

4.14 Local authorities will also be funded for providing the property management service. The invoice to NASS should accordingly include a proportionate share of the £1,000 annual property management fee payable by NASS for each property. This works out at £76.92 per four week period.

4.15 Queries on invoicing procedures and payments should be directed to Dave Willis on 020 8633 0041.

ANNEX A

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 B
ACCOMMODATION CHECKLIST: Local authorities should complete this form and enclose it with the NASS application form ( NASS eligible families with children).

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
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 name and telephone number for queries on this application
Local Authority Contact name and number for invoicing queries
[ FOR NASS USE ONLY: NASS REF NO:……………………………]

[ FOR NASS USE ONLY: NASS REF NO:……………………………]
ANNEX C

WEEKLY NASS RATES
Qualifying Couple……………………………………………………. £57.37
Lone Parent aged 18 or over…………………………………………£36.54
Single person aged 25 or over……………………………………… £36.54
Single person aged at least 18 but under 25……………………… £ 28.95
Person aged at least 16 but under 18 (except a member of a qualifying couple)………………………………………………………………… £31.75
Person aged under 16………………………………………………. £30.95

These amounts should be reduced if the person is living in full or part board accommodation.

ANNEX D

Acknowledgement letter to be used by NASS case-workers 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 ………….

ANNEX D

Acknowledgement letter to be used by NASS case-workers 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 £76.92 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 23/0201. 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 F

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

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 on [give date of travel].

The applicant has been advised of this decision.

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.