Think tank

The problem for refugees and those granted humanitarian leave in accessing benefits lies primarily with the Home Office and the National Asylum Seeker Service. There are delays in sending out NASS35 letters which confirm the status of an individual to access benefits, including housing benefit. People must leave NASS accommodation within 28 days of a positive decision. However, people often receive late notification, with the 28 days having started from the date of the letter, which is often why they end up with friends and relatives.

Once people are notified of a positive decision, it may be confirmed through the immigration office with an established contact. If you don't have one, it is worth making the contact rather than spend a week listening to the NASS enquiry line ring cycle (which was inspired by Wagner's and may last longer).

In Liverpool, we have had excellent cooperation from the Department of Work and Pensions and it can now usually issue a national insurance number within a couple of days. If the applicant has any form of notification from the Home Office, the risk is minimal and you should be able to claim the housing benefit for any property allocated.

In most cases, the asylum seeker will be paid benefits backdated in respect of the difference between the NASS support levels and JSA from the date of their asylum application.

The problems usually arise in accessing temporary accommodation such as homelessness hostels. So, in conjunction with registered social landlords in our area, we have embarked upon a research programme and resettlement strategy including furniture packages. This is as much about support as it is about homelessness prevention. Our council asylum team has undertaken to provide an initial assessment and check on status so that applicants may access suitable accommodation on being forced to quit NASS accommodation. The programme we are developing aims to secure an offer with an optional furniture package and floating support within the 28 days' timescale.
Richard Kemp: Vice Chair, Local Government Association housing executive

Tolerated Trespasser – more information
With regard to the letter in the Think Tank of 7 February, "Should we tolerate this trespasser?" (page 36), the writer does not make it clear if he or she is from a local authority or another sort of landlord like an RSL with "preserved right to buy".

If it's an RSL, then I don't believe that the fresh tenancy that is created after somebody has finished paying off their suspended possession order can be a secure one. RSLs can only create a new secure tenancy where the resident was secure immediately before: and as they have in the meantime been a tolerated trespasser, this can't be the case.

I believe the new tenancy would default to being assured, and most probably an assured shorthold, unless the landlord cares to sign the tenant up to something with more security.
Chris Cook, Cook & Partners solicitors, Surrey