REFUSAL OF NASS SUPPORT v1
1.Purpose
1.1This describes the process to be followed when an applicant for support is refused. It does not consider how the decision should be reached; that process and the eligibility tests are to be found in the assessment casework instructions.
2.Support refused
2.1.When the caseworker considers the case to be a refusal, they must write up a clear minute to their EO setting out the proposal and the reasoning behind it. For example:
“ I propose this case be refused support, do you agree?’. The reasons for refusal are:”.
2.2The EO must then minute the file either agreeing or disagreeing with the proposal. If the EO disagrees the case must be assessed. If they agree the EO will minute the file with their agreement and pass it to the HEO for approval. The HEO will then approve or reject the proposal. If the HEO rejects the refusal proposal then the case must be assessed. If the HEO agrees that support should be refused they will minute the file to this effect and instruct the AO to prepare the appeals bundle.
2.3The refusal must be recorded on the ASYS record.
3.Action to be taken on refusal
3.1The applicant and reception assistant must be informed that the application for NASS support has been refused. The following documents are used:
TO THE APPLICANT: SENT FIRST CLASS RECORDED DELIVERY
- REFUSAL LETTER (Generic Letter)
- REASON LETTER (Generic/Stock Letter)
- NOTICE OF APPEAL (ensuring 2-sided)
- APPEAL FORM EXPLANATORY LETTER
- PRE-PRINTED ENVELOPE TO ADJUDICATORS
TO THE RECEPTION ASSISTANT:
- REFUSAL LETTER (Generic Letter)
- COPY OF REASON LETTER
4.PROCEDURE AND INSTRUCTIONS:
4.1The NASS reference number must be written on the top left corner of the envelope going to the applicant.
4.2 The class of postage, and if the envelope is to be sent recorded delivery, must be written on
the top right corner of the envelope.
4.3Envelopes must be delivered to the post room by hand in time for the last post at 4pm.
4.4 Appeal forms must be signed in black ink.
4.5 Every document included in the appeal bundle must be listed on the Asylum Support Adjudicator Form 039, page 2.
4.6 The foreign currency conversion sheet, if used, must be printed and included in the appeals bundle.
4.7 The applicants and assistants addresses must be written on the paper minute, with the method of postage next to it. The recorded delivery sticker from the post room must be attached to the minute sheet next to the address.
4.8 No internal documents are to placed in the appeal bundle or sent out to the applicant or assistant.
4.9 All letters must be checked by the EO before being sent out.
5.CONTENTS OF THE APPEALS BUNDLE:
5.1 The caseworker must prepare the appeals bundle. This must include:
- COPY OF THE APPLICANT’S REFUSAL LETTER
- COPY OF THE ASSISTANT’S REFUSAL LETTER
- COPY OF THE REASON LETTER
- ASYLUM SUPPORT ADJUDICATOR FORM 039
- COPY OF NASS APPLICATION FORM
- COPY OF NOTICE OF APPEAL (ensure 2-sided)
- COPY OF EXPLANATORY LEAFLET
- ANY OTHER RELEVANT DOCUMENT (e.g. Solicitors letters,
Doctors notes, etc. but no internal documents)
6.TO THE FILE:
6.1 The file must be maintained. Copies of the following must be placed on file:
- COPY OF THE APPLICANT’S REFUSAL LETTER
- COPY OF THE ASSISTANT’S REFUSAL LETTER
- COPY OF THE REASON LETTER
7.NOTE:
7.1 Nothing goes to the Adjudicator at this stage. When the Adjudicators notify NASS that an appeal has been lodged, the appeal bundle is faxed to the Adjudicators and then posted by first class recorded delivery to the applicant or their representative. The Adjudicators do not need a hard copy of the appeal bundle sent to them by NASS.
If the appeal is received late, the Out Of Time Allegation sheet is used. The relevant information should be entered onto the form on the computer and passed to the EO and HEO for approval. Once approved it must be sent to the Adjudicator who will decide if the appeal will still be heard.
NASS Casework Instructions
Refusal to support Version 1 Date of Issue 28/07/00
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