Asylum seekers who are given refugee status can to apply to the Home Office for their spouse and minor children to join them in the UK.
The family members are usually given Indefinite Leave to Remain (ILR) and, therefore, have immediate access to benefits.
People who have ELR, HP or DL are not eligible to apply under the family reunion scheme. Their families can apply to come to the UK, but would be subject to immigration control and therefore have no recourse to public funds.
If a customer declares that they have been joined by their family, staff should check if they have arrived under the family reunion scheme for refugees.
Claims for HB and CTB should be reassessed to include the partner and any dependent children. Rights of residence directive test
EEA nationals have the right to enter and remain in the UK in order to seek work or take up work.
The IND may issue a letter asking a person to leave the UK if they no longer have the right to remain in the UK.
Current instructions contained in HB/CTB Guidance Manual C7 – People from abroad paragraphs 7.85 – 7.94 state that such people should be treated as PFA and are not entitled to HB or CTB.
Following a court case (House of Lords, CAO v Remilien and Wolke) it was decided that this letter is not a requirement to leave for the purposes of Regulations.
Therefore, when a claim is received, consider the normal conditions of entitlement for HB or CTB and apply the Habitual Residence Test (HRT). Changes to the NASS35
The National Asylum Support Service (NASS) provides accommodation and financial support to destitute asylum seekers whilst they are waiting for a decision on their asylum applications. Once leave to remain is granted by the Home Office, the support provided by NASS stops and social security benefits are payable. NASS issue a NASS35 (termination of support) letter to the customer that gives details of all payments made and the dates of the support period.
Until July 2003, the NASS35 showed all the payments made broken down into weekly amounts. Following a review of procedures by NASS they have redesigned the NASS35.
The new version shows the total amount of NASS support paid rather than a breakdown of payments. It still shows the start and end dates of support.
NASS are unable to revert back to the old style NASS35 but expect to amend their computer system in the near future to provide a new form NASS35. In the meantime should staff take the following action, which has been agreed with NASS, in order to obtain information about the breakdown of NASS payments.