SWSG Guidance Package Index Ref: F14

6 February 1998

Chief Executives of Scottish Local Authorities

Copy: Directors of Social Work/Chief Social Work Officers

Directors of Finance

Directors of Housing

Race Equality Officers

Holders of SWSG/SWSI Circulars and Guidance

Package (circular only)

Dear Colleague

ASYLUM SEEKERS’(ADULTS) ASSISTANCE SPECIAL GRANT (ASAG)

SPECIAL REPORT NO 98/3

Summary

1. This Circular, subject to Parliamentary approval, sets out the arrangements for the payment of the 1997/1998 special grant to provide support to receiving authorities in Scotland towards expenditure incurred in the financial year 1997/98 in connection with providing assistance under section 12 of the Social Work (Scotland) Act 1968 to asylum seekers over the age of 18 who have been prescribed as persons in need by the Prescription as "Persons in Need" (Persons subject to Immigration Control (Scotland) Order 1997 (SI 1997/2452). Asylum seekers are defined as persons whose claim for asylum has not yet been fully determined.

2. The amount of the Asylum Seekers’ Assistance Grant paid to a receiving authority shall not exceed an overall amount equivalent to a weekly unit cost of £140 for each asylum seeker subject to the limit set in paragraph 10, which sum may at the discretion of the Secretary of State be increased by an amount not exceeding £10 per week for each asylum seeker for each week in the relevant period he is accommodated in premises where properly vouched expenditure has been incurred suitably to adapt them for asylum seekers. The said sums include an estimated 15% for administration costs.

Action

3. Note that immediate action is required to prepare claims for submission by the dates detailed in paragraph 29 - (the relevant dates).

4. Any local authority which wishes to submit a claim should collect the relevant data and submit the ASAG claim form attached as Annex A to this Circular by the relevant dates.

5. Chief Executives/Directors are asked to pass the Circular now to the officer who will be responsible for submitting claims for the grant once Parliamentary approval has been received.

Background

6. Under section 21(1)a of the National Assistance Act 1948 local authorities in England and Wales are required to make arrangements for providing residential accommodation

".....for persons aged 18 or over who by reason of age, illness, disability or other circumstances are in need of care and attention which is not otherwise available to them."

7. A judgement of the High Court in England on 8 October 1996 ruled that section 21(1)(a) provides a safety net of last resort for everyone who has no other means of obtaining the basic necessities of life.

8. The Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996 as originally made and as now having effect by virtue of section 11 of, and Schedule 1, to the Asylum and Immigration Act 1996 changed the entitlement of certain persons from abroad to social security and housing benefits. As a result of more restricted entitlement, adult asylum seekers who may previously have been entitled to benefit or housing assistance, may have no source of income support. If that is the case, under the terms of the High Court judgement, they are "in need of care and attention" and entitled to accommodation under section 21(1)a.

9. Provision has been made for a special grant to assist local authorities in England to meet the additional cost of providing accommodation under section 21(1)(a), which may be incurred as a result of the changes to the benefit and housing regulations and the subsequent High Court judgement.

10. In Scotland local authorities have a statutory duty under section 12 of the Social Work (Scotland) Act 1968 to promote the welfare of persons in their area (including asylum seekers). On 30 September 1997 came into force the Prescription as "Persons in Need" (Persons subject to Immigration Control) (Scotland) Order 1997 (SI 1997/2452) in terms of which persons subject to immigration control were prescribed as persons in need for the purposes of section 12 of the Social Work (Scotland) Act 1968; thus authorising local authorities to provide the said persons, depending on the circumstances, with the full range of assistance available under that section to persons in need, the said range including cash payments within the £1.5 million which the Secretary of State for Scotland has made available to local authorities for healthy adults asylum seekers, children of asylum seekers and unaccompanied asylum seeking children through a special grant. (See attached copy of Statutory Instrument No1997/2452).

11. Provision has been made for a special grant to assist local authorities in Scotland to

meet the cost of providing assistance under section 12 to asylum seekers.

Purpose

12. The purpose of the grant is to provide support for receiving authorities in respect of costs incurred in providing services under section 12 of the Social Work (Scotland) Act 1968 in providing assistance to asylum seekers.

Relevant expenditure

13. Local Authorities will be reimbursed for their relevant expenditure on asylum seekers during the relevant period, subject to a maximum of an amount equivalent to £140 per week for each asylum seeker assisted on the last working day of the week. "Relevant expenditure" is defined below. In addition, where local authorities have incurred infrastructure costs in commissioning or adapting premises for the accommodation of asylum seekers, they may, at the Secretary of State’s discretion and subject to satisfactory documentary evidence of costs incurred, be paid up to £10 per week for each asylum seeker, for each week he is accommodated in those premises. These figures include 15% for administration costs.

14. The Grant will be paid in respect of relevant expenditure lawfully incurred by a local authority between 1 April 1997 and 31 March 1998.

15. Relevant expenditure means expenditure lawfully incurred by an authority in connection with providing assistance under section 12 of the Social Work (Scotland) Act 1968 to those asylum seekers over the age of 18 who have been prescribed as persons in need by the Prescription as "Persons in Need" (Persons subject to Immigration Control (Scotland) Order 1997 (SI 1997/2452).

Asylum Seeker

16. For the purposes of this grant, the term asylum seeker refers to an asylum seeker aged 18 or over and who has made an application as an asylum seeker with the Home Office and:

- is awaiting the outcome of an asylum application,

or,

- is awaiting the outcome of an appeal.

Submission of Claims and Payment

17. Authorities must ensure that claims in respect of relevant expenditure under this grant scheme are strictly in accordance with paragraphs 13, 14 and 15 of this circular. A statement of actual expenditure will verify whether or not this is the case, and will require certification to this effect from the local authority chief finance officer and an auditor appointed by the Audit Commission. Authorities should maintain accounts of relevant expenditure for each asylum seeker who is provided with assistance and retain these for audit. Other records such as the Home Office Immigration and Nationality Department forms SAL 1 or SAL 2 and the reference number on these forms which identify such adults should be maintained and the auditor should have access to such written evidence. A Home Office Circular containing pertinent information on how to contact the Immigration and Nationality Directorate of the Home Office is attached at Annex C.

18. The grant will not apply to persons who are not lawfully allowed to stay in the UK including asylum seekers whose claim to asylum has been finally determined (see paragraph 1 of Annex A of the Special Grant Report).

19. This grant is for relevant expenditure incurred by local authorities for the period 1 April 1997 to 31 March 1998. Local authorities who wish to claim this grant should complete and return the attached ASAG claim form to the address indicated in paragraph 31 no later than the dates specified in paragraph 29 below. (The relevant claim form is attached as Annex A to this Circular). Payments will be made by 31 March 1998.

20. Claims submitted later than the specified date will not be considered.

21. The claim form requires a statement of expenditure actually incurred from 1 April 1997 to 30 January 1998 and a statement of the amount which it is estimated will be spent between 31 January 1998 and 31 March 1998.

22. Failure to complete the claim form in full, and in accordance with this circular, may lead to substantial delays in payment. Payments will not be made after 31 March 1998.

23. Payment will be restricted to an overall amount which, when averaged out on a weekly basis over the whole of the relevant period, does not exceed £140 per person per week. The numbers of persons assisted will be calculated according to how many are actually being assisted on the last working day of each week during the relevant period. For the purpose of this grant the last working day of the week shall be Friday.

24. For each person accommodated on the last working day of each week in accommodation which has been commissioned or re-commissioned specifically to accommodate asylum seekers up to an extra £10 for each asylum seeker for each week he is accommodated in those premises can be claimed and will be paid at the discretion of the Secretary of State.

25. The ASAG Audit Certificate at Annex B to this circular should be completed and sent to The Scottish Office. Each authority must ensure that the information provided to the Secretary of State is sent by the Authority’s Chief Finance Office to an auditor appointed for that purpose by the Audit Commission and copied to The Scottish Office address in paragraph 31 by 30 September 1998 and that the audit form is received by the Secretary of State of State duly certified not later than 31 December 1998.

26. If any of the audited accounts are not consistent with the amount of grant claimed and/or paid, adjustment action will be required of relevant local authorities. Over-payments will be reclaimed by the Department in 1998/99. The authority must supply to the Secretary of State such further information as may be required by him for the purposes of determining entitlement to grant.

27. Where any amount of grant has been paid other than in respect of the authority’s relevant expenditure incurred in the relevant period and in excess of the authority’s reasonable expenditure, then such amount or amounts, as notified by the Secretary of State to the authority, must be repaid to the Secretary of State.

28. If an authority fails to comply with any of the conditions set out in Annex C to the special grant report, Secretary of State may require the repayment of the whole or any part of the grant monies paid to that authority, as may be determined by the Secretary of State and notified in writing to the authority, such sum as has been notified shall immediately become repayable to the Secretary of State.

29. Timetable for action

Cancellation

30. This Circular will be cancelled on 31 December 1999.

Enquiries

31. Any enquiries about this Circular and completed claim forms should be addressed to:

Marion Goldsmith

Voluntary Issues Unit

The Scottish Office

James Craig Walk

Edinburgh

EH1 3BA

Telephone 0131 244 5462

Any enquiries about payments should be addressed to:

Harry Murray

Voluntary Issues Unit

The Scottish Office

James Craig Walk

Edinburgh

EH1 3BA

Telephone 0131-244 5464

Fax 0131-244 5315

32. Further copies of this Circular may be obtained from Harry Murray.

Conclusion

33. Authorities should submit claims by 28 February 1998 at the latest.

I attach a copy of the (unpublished version) of the Special Report and Statutory Instrument for your convenience. Published version to follow.

Yours sincerely

GAVIN ANDERSON

Crown Copyright 1998

This Circular may be freely reproduced by those to whom it is addressed.

Enclosures: Special Grant Report No. 98/3

Statutory Instrument No. 1997/2452

ASAG (CLAIM)

ADULT ASYLUM SEEKERS’ ASSISTANCE GRANT CLAIM FORM

Claim for Period 1 April 1997 to 31 March 1998

__________________________________________________________________________

Authorities wishing to claim for the grant should return this form to the address indicated in paragraph 31 of Circular No: SWSG3/98 by 28 February 1998.

LOCAL AUTHORITY ...........................................................................................................

ACTUAL EXPENDITURE

ACTUAL EXPENDITURE (Cont’d)

ESTIMATED COSTS

I certify that this statement of expenditure is in strict accordance with the terms and conditions of the specific grant as set out in Annex C to the Special Grant Report no 98/3. Evidence of costs incurred in the commissioning/ recommissioning of accommodation to house asylum seekers is attached.

CHIEF FINANCE OFFICER .................................................... DATE ................................

ENQUIRIES TO ................................................ TELEPHONE NO: ...................................

Local authority reference to identify payments (if required) ...................................................

ASAG (Audit)

ADULT ASYLUM SEEKERS ACCOMMODATION GRANT AUDIT

CERTIFICATE

Audit Certificate For Period 1 April 1997 to 31 March 1998

___________________________________________________________________________

Authorities should complete this form, and send it, certified by the Chief Finance Officer to the Auditor appointed by the Audit Commission by 30 September 1998 and a copy forwarded to The Scottish Office at the address given in paragraph 31 of Circular No: SWSG3/98. The original, certified by the auditor, should be returned to the Department by 31 December 1998.

LOCAL AUTHORITY........................................................................................................

I certify that the details in lines 1 to 7 are correct and that expenditure has been incurred in accordance with the terms and conditions of the Asylum Seekers Assistance Special Grant as set out in Annex C to the Special Grant Report No: 98/3.

CHIEF FINANCE OFFICER ................................................................. DATE......................

ENQUIRIES TO .............................................................. TELEPHONE NO ........................

CERTIFICATE OF AUDITOR APPOINTED BY THE AUDIT COMMISSION

I/We* have examined the entries in this form and the related accounts of the authority and carried out the tests specified in Instruction No SOC 21 prepared by the Audit Commission for its auditors and such other tests as I/we* consider necessary and I/we* have obtained such explanations as I/we consider necessary. (Subject to the observations in the attached report dated ................................................) I am/we* are of the opinion that:

- the entries are fairly stated; and

- the expenditure has been properly incurred in accordance with the conditions under which the claim is made.

AUDITOR................................................................................ DATE.......................................

*Delete as necessary

NOTES

1. Relevant expenditure for the period 1 April 1997 to 31 March 1998 is defined in paragraphs 13, 14 and 15 of Circular No. SWSG3/98. Note that the entry in line 1 should include any expenditure on commissioning/adapting premises.

2. The sum of the number of persons assisted on each Friday during the period 1 April 1997 to 31 March 1998.

3. The sum of the number of persons (included in line 2) assisted on each Friday during the period 1 April 1997 to 31 March 1998 in commissioned/re-commissioned premises (see paragraphs 13 and 24 of Circular No. SWSG3/98).

4. The calculation of maximum grant is described in paragraph 13 of Circular No. SWSG3/98 .

HOW TO CONTACT THE IMMIGRATION AND NATIONALITY DIRECTORATE OF THE HOME OFFICE

5. Paragraphs 3-9 of this Annex explain how to make enquiries of the Immigration and Nationality Directorate (IND) about the immigration status of those who apply for benefits or services where that status is relevant to their eligibility.

6. How to pass information to IND about suspected immigration offenders encountered in the normal course of duties is explained in paragraph 10 below.

Making Enquiries

7. The IND offers two points of enquiry. The Immigration Status Enquiry Unit (ISEU) deals with all enquiries about individuals whose immigration status may not be clear. The Asylum Screening Unit (ASU) deals with enquiries about persons who are known to be asylum seekers. In cases of doubt, refer to the ISEU first.

8. In order to safeguard the confidentiality of information given out by the ISEU or the ASU, a local authority must first register itself with the IND as an authorised user of the enquiry service. The relevant department or division of the authority should specify a contact point through which all enquiries and responses will be channelled. The contact point may be a named individual or, if more convenient, a particular post. In either case the contact point, full postal address, telephone and fax number should be described in a letter on the authority’s notepaper signed by the officer in charge of the department or division concerned. The two IND units operate separately. Local authorities who wish to use both should therefore send letters of registration to each at:

9. Any subsequent changes of name, post, address, telephone or fax number should be registered in the same way. IND will respond only to authorised users of the service at the registered address and telephone or fax number.

10. Three important points to note:

• In the interests of confidentiality, enquiries of IND must always be made in writing. The two enquiry points will provide model enquiry forms at the time of registration.

• Written enquiries must normally be sent by post. In very urgent cases a letter may be sent by fax, to the ISEU, whose fax number will be provided to those who register as authorised users of the enquiry service. In view of the special need to guarantee confidentiality for asylum seekers, however, the ASU will accept enquiries only by post.

• In the interests of accuracy and efficiency, IND require the following minimum information: subject’s full name, date of birth, nationality, and, where known, the Home Office reference number.

11. In answering enquiries, the ISEU will normally be able to say whether it has a record of the applicant concerned and what his status is under the immigration laws. The ASU will normally be able to confirm the current status of an applicant’s asylum claim. Each enquiry point aims to provide the information requested without undue delay and within 10 working days at the latest. Interim progress checks in a particular case tend to slow the process down and are best avoided if possible.

12. Although enquiries about particular individuals may be made only in writing, general enquiries may be made by telephone. The ISEU may be contacted on 0181-760 8686 and the ASU on 0181-760 1219.

13. Local authorities are included in IND’s data protection registrations of those with whom information may be exchanged. The IND may properly disclose information it has to other UK government departments, government agencies and local authorities to enable them to carry out their functions.

Suspected Immigration Offenders

14. Notification of suspected immigration offenders should be made to the ISEU (not the ASU). Such notifications should be made from the registered contact point on its headed paper and should contain the same minimum information as described at paragraph 6 above. Senders should briefly explain the nature of their suspicions.

IND

Home Office