Social Security Benefits, Homelessness Assistance and Local Authority Support

SOCIAL SECURITY BENEFITS, HOMELESSNESS ASSISTANCE AND LOCAL AUTHORITY SUPPORT

1. GENERAL

1.1 There is a difference between social security benefits and support provided to asylum seekers by local authorities under the provisions of the Asylum Support (Interim Provisions) Regulations 1999.

1.2 There is also a difference between the types of social security benefits which are given to different categories of persons. For example on arrival asylum seekers ( i.e. port cases) are entitled to Urgent Case Payments, (which is set at 90% of the usual adult Income Support personal allowances) but persons with exceptional leave or British Citizens are entitled to the full Income Support allowances.

1.3 Pre 3 April 2000 on arrival (port) asylum seeker ( who has not received an initial decision on his asylum application):

• Eligible for Income Support Urgent Case Payments

• Eligible to apply to local housing authorities for assistance under the homelessness legislation.

1.4 Pre 3 April in-country asylum seeker:

If destitute, entitled to:

• local authority support ( vouchers, cash and accommodation).

1.5 Person with exceptional leave,

Person recognised as a refugee in the UK

British citizen who is habitually resident in the Common Travel Area (UK, Channel islands, Isle of Man and Republic of Ireland)

Are eligible to apply for the same social security benefits and eligible to apply to local housing authorities for homelessness assistance and qualify for the housing register.

1.6 The Benefits Agency: have local offices in most areas. They deal with applications for social security benefits.

1.7 Local Authorities: Local authority housing departments may owe a duty to secure accommodation under the homelessness legislation. Generally, asylum seekers who are eligible for social security benefits are also eligible to apply for homelessness assistance. However, authorities are only required to secure accommodation if applicants are unintentionally homeless and fall within a priority need group ( see para 2.4 below). Local authority social services departments have an obligation to provide support for certain asylum seekers under the interim scheme.

2. INCOME SUPPORT URGENT CASE PAYMENTS (UCP)

• Asylum seekers who applied for asylum on arrival ( i.e. port cases) before 3 April 2000 are currently entitled to apply for Income Support Urgent Case Payments (UCP). This is set at 90% of the usual adult Income Support personal allowances. This category is also eligible to apply to local housing authorities for homelessness assistance, is entitled to housing benefit and council tax benefit.

2.2 If the spouse or children arrive in the country to join an asylum seeker in receipt of Income Support UCP, the person can apply for an increase in their allowances.

2.3 If the partner of an asylum seeker in receipt of Income Support UCP joins him/ her in the UK then the person may also apply for an increase in his/her allowances provided that they are living together as husband and wife ( see below).

2.4 Under the homelessness legislation, local housing authorities are required to secure accommodation for eligible applicants only if they are unintentionally homeless and fall within a priority need category; households which include only non-vulnerable adults will generally not have a priority need. In considering applications authorities cannot take account of any members of the applicant's household who are ineligible persons when considering whether the applicant is homeless (e.g. through overcrowding) or has a priority need. Thus a port asylum seeker who is in receipt of Income Support UCP may be eligible for homelessness assistance but not entitled to accommodation, because he does not have a priority need. If he is subsequently joined by his pregnant spouse or dependant children who are ineligible ( e.g. because they claimed asylum after 2 April 2000) the position is unchanged since they cannot confer priority need.

2.5 Under the homelessness legislation, the priority need groups are:

• a pregnant woman or a person with whom a pregnant woman normally resides or might reasonably be expected to reside;

• a person with whom dependent children reside or might reasonably be expected to reside;

• a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or is someone who resides with, or might reasonably be expected to reside with someone who is vulnerable;

• a person who is homeless or threatened with homelessness as a result of an emergency such as fire, flood or other disaster.

2.6 Asylum seekers who are eligible for Income Support UCP may also claim Housing Benefit. If such a person has a rent liability for accommodation they will be eligible for Housing Benefit, but the benefit may not always cover the full rent (the Rent Officer local reference rent limits the amount of Housing Benefit).Asylum seekers who are eligible for Income Support UCP may obtain reasonably priced private sector accommodation and Housing Benefit and Council Tax Benefit, which will help pay for rent and council tax.

2.7 Local authorities have a general duty to provide advice and information about homelessness and its prevention to persons (including asylum seekers who are eligible for Income Support UCP), but who do not have a priority need and therefore are not owed an accommodation duty. Local authorities are allowed to provide support, to incur expenditure, and to develop a range of initiatives that help such persons to gain access to whatever accommodation is available in the area. This support varies from local authority to local authority but may include rent deposit/guarantee schemes, fast tracking of housing benefit, accommodation register, hostel placements, lodger schemes.

Many of these measures focus on helping people gain access to accommodation in the private rented sector.

2.8 Entitlement to Income Support UCP ceases when his/ her asylum application has been recorded by the Secretary of State as refused. In general, if the person is destitute and has lodged an appeal against the refusal of asylum, then he/ she may approach their local authority to be supported (currently this does not apply in Kent, please refer to most up-to date information on the phased introduction of the NASS arrangements).

£ per week / Income Support Urgent Case Payment allowances
Single adults aged 25 or over / 46.98
Single adult aged 18-24 / 37.21
Couple aged 18 or over / 73.76
Lone parent aged 18 or over / 46.98
Child 0-16 / 26.60
Child 16-18 / 31.75
Table showing Income Support UCP allowances ( 90% of the adult personal allowance Income Support rates)

2.9 Since the introduction of the Asylum and Immigration Act 1996, asylum seekers have not been entitled to child benefit although there are a number of transitionally protected asylum seekers who will still be receiving Child Benefit.

2.10 Living together as husband and wife

All the following criteria are taken into account when the Benefits Agency decide whether a couple is living together as husband and wife ( see paragraph 2.3 above):

2.11 Membership of the same household: Both partners must be living in the same household, living together for the whole time, sharing meals and doing jobs around the home for each other.

2.12 Established relationship: Living together as husband and wife clearly implies more than an occasional or very brief association. In some cases it is clear from the start that a relationship is similar to that of husband and wife- for example, because one or other has taken the same surname and have a child together. In other cases it may be some time before such a relationship develops.

2.13 Financial support: In most husband and wife relationships it is expected that there would be financial support of one partner by the other, or sharing household expenses, but the absence of any such arrangement does not prove that two people are not living together as husband and wife.

2.14 Sexual relationship: A sexual relationship is normally part or marriage and therefore of living together as husband and wife. But its absence does not necessarily prove that a couple is not living as husband and wife, nor does its presence prove that they are.

2.15 Children: When a couple are caring for a child or children of whom they are the parents this is likely to imply that they are living as husband and wife.

2.16 How the relationship is presented to other people: Many couples living together do not wish to pretend that they are actually married and the fact that a couple retains their separate identities as single people does not mean that they cannot be regarded as living together as husband and wife.

3. LOCAL AUTHORITY SUPPORT

• Asylum seekers who applied for asylum in country before 3 April 2000; and
• Asylum seekers who applied for asylum on arrival before 3 April 2000 and have had their asylum application refused; and

• Asylum seekers who applied in-country after 2 April 2000 ( except those who applied in Kent on or after 17 April) :

are entitled to support from their local authority if they are destitute ( this is likely to become out of date as further phases are implemented. Please therefore refer to the most up-to-date information on the phased introduction of the NASS scheme).

3.1 The Asylum and Immigration Act 1996 closed off access to social security benefits (see above) to in-country asylum seekers. In October 1996 the High Court ruled that local authorities had a duty under the National Assistance Act 1948 to provide care and accommodation to adult asylum seekers and appellants who were without any other means of support and who could also, therefore, be considered to be at risk. On 6 December 1999 the Asylum Support (Interim Provisions) Regulations 1999 made provision requiring local authorities in England and Wales to provide support to asylum seekers and their dependants who appear to be, or are likely to be destitute. The effect of this was that asylum seekers remained supported by local authorities but they were supported under the provisions of the Interim regulations rather than the National Assistance Act. In Scotland the interim regulations did not apply and in-country asylum seekers continue to be supported under the Scottish equivalent of the National Assistance Act.

3.2 Local authorities have varying arrangements for providing support although many mirror current NASS support levels and practices.

4. INCOME SUPPORT, income based Job Seekers Allowance (JSA) (and other social security benefits not available to asylum seekers)

• Persons who were previously asylum seekers who have been granted exceptional leave; or
• Perons who have been recognised as a refugee; or
• Persons who are British Citizens habitually resident in the Common Travel Area :

(UK, Channel islands, Isle of Man and Republic of Ireland)

are eligible for Income Support, a range of other social security benefits and are eligible to apply to local housing authorities for homelessness assistance and qualify for the housing register. Asylum seekers (those awaiting a final determination of their application for asylum) are not entitled to these benefits.

£ per week / Income Support allowances
Single adults aged 25 or over / 52.20
Single adult aged 18-24 / 41.35
Couple aged 18 or over / 81.95
Lone parent aged 18 or over / 52.20
Child 0-16 / 26.60
Child 16-18 / 31.75
Table showing Income Support allowances

4.1 Those who are eligible for Income Support may also qualify for Housing Benefit ( to help pay for rent) and Council Tax benefit.

4.2 Other social security benefits and tax credits which asylum seekers are not entitled include:

• The Social Fund- helps people with exceptional expenses which are difficult to pay for out of regular income and includes:
• Maternity Payment from the Social Fund
• Funeral Payment from the Social Fund
• Cold Weather Payment from the Social Fund
• Community Care Grant from the Social Fund
• Budgeting Loan from the Social Fund.
• Crisis Loan from the Social Fund

• Working Families Tax Credit
• Disability Working Allowance Disabled Person’s Tax Credit

• Free milk and vitamins

• Assisted prison visits
• Child benefit

4.3 Council Tax- Asylum seekers supported under section 95 (i.e. those supported by NASS) are not liable for council tax. This is because the landlords who provide accommodation under the NASS scheme are liable for the council tax.

4.4 If an asylum seeker spouse or child arrives in the country to join a non-asylum seeker person in receipt of Income Support or Income Based Jobseeker’s Allowance, the person cannot apply for an increase in their allowance. Under the homelessness legislation local housing authorities must secure accommodation for applicants only if they are eligible for assistance, unintentionally homeless and fall in a priority need category;households which include only non-vulnerable adults do not. In considering applications authorities cannot take account of any members of the applicant's household who are ineligible persons when considering whether the applicant is homeless (e.g. through overcrowding) or has a priority need.( see above definition)

4.5 Thus a person in receipt of JSA (Income Based) or Income Support may be eligible for homelessness assistance, but not entitled to accommodation because he does not have a priority need. If he is subsequently joined by his asylum seeker pregnant spouse or dependant children who are ineligible (e.g. because they claimed asylum after 2 April 2000) the position is unchanged since they cannot confer priority need.

4.6 Persons in receipt of JSA (Income Based) and Income Support are also eligible for housing benefit if they have a rent liability. This means that if the person in receipt of JSA income support obtains suitable accommodation for the whole household (i.e. larger than his own personal needs) he can claim housing benefit in respect of the rent for that accommodation (within the normal Housing Benefit rules (the Rent Officer "local reference rent" limits the amount of Housing Benefit)).

5. FURTHER INFORMATION

5.1 Further information on local authorities, social security benefits and homelessness assistance can be found at the following web sites respectively:

NASS Casework Instructions

Document4 Version 1 Date of Issue 280700

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