I am trying to assist a single male who was granted indefinite leave to remain in January 05. His NASS support ended in February and he has no current income. He has temporary NI number and is signing on. DPW have refused a crisis loan under directive 22- ability to repay. Is this a valid refusal as the client has no means of supporting himself and is an insulin dependant diabetic this was stated in the written crisis loan application).
p.s has any body had any success with claiming support in a situation similar to this under National Assitance Act?

I've been dealing with something similar, and as well as appealing the crisis loan refusal it may be worth looking in to interim payments. The latest Journal (29) published by the IRS (not yet on the internet, alas, but in my hand) has an article on when one or the other may be appropriate. If he's got indefinite leave, why won't they pay him?
That said, I've not got anywhere with my problem as yet....

hello

you don't mention why no JSA payments have been made to this claimant. Assuming that they have not got a valid reason for this I agree with the above posting.

Perhaps you could argue for the Crisis Loan for now on the basis that the client's health is in serious danger if he has no access to food (which I understand must be taken with the insulin?). It seems that the DWP case for refusing hin a CL on the basis that he has no ability to repay is probably tied up with why he is receiving no JSA. You will need to ensure that he has done everything necessary for the JSA claim to go into payment.

The other route is an interim payment page 1083 / 1084 of current CPAG Handbook give a good explanation with legal references for this. Personally I prefer this route because it tends to involve less stress and aggravation for the client, but ensure they go to their local office with plenty of ID and supporting letter from you outlining law etc.

Alternatively it could be that the DWP are awaiting an permanant NINO to be given to your client. If your client has applied for one and has evidence of this this should be sufficient for payment to be made.

Once you have covered all bases, decide the best course of action and also consider a written complaint.

thanks for your replies. I am informed that JSA is not being paid soley on the basis that he has not yet received his NASS 35. Our local service perceive this as some kind of magical document. The NASS 35 states the level of support that the client has received amongst other things. Should the onus not be on the DWP to make relevant enquiries with NASS as to previous payments rather than ask the client to hold out for a form that in itself is not proof of identity?

I'm not sure if the following is of any immediate practical help to resolving your client's situation, but the current job centre position you outline would not seem to be in line with the government's 'Working to Rebuild Lives: a refugee employment strategy'.

See the following rightnset news stories -

Refugee integration and the abolition of benefit backdating: New government strategies (10 March, 2005)

DWP role in reducing refugee unemployment: \'Working to Rebuild Lives\' (12 September, 2003)

and in addition, what has happened to the clients backdated IS under 21 z b- assuming of course that he got ILR by virtue of his refugee status? Is there a claim in and they are waiting for the NASS 35 as well?

In response to the question as to who should make relevant enquiries. I believe that the DWP position would be based on the Claims and Payments Regs - throwing the onus on the claimant (Reg 7(1)). In my case, I asked the DWP if they were able to contact the Home Office to obtain the relevant information. The initial response was that they did not have a hot/warm line to the Home Office, so any query from the claimant would be dealt with as quickly as if they made their own enquirires. I asked them to confirm in writing that they did not have direct access to information from the Home Office, and received a call from the Income Support section that they had indeed contacted the Home Office as a response to my letter. An interested MP might help to persuade the DWP that they have a duty in this respect.

I have come across many similar situations involving aslyum seekers who have been granted leave to remain and are without any income for lengthy periods while waiting for a benefit decision. I think that it's important to remember that claimants must be 'likely' to be able to repay the crisis loan. I think that you could argue that it is indeed 'likely' that your client will be able to repay the loan, because they have made a claim for IS/JSA.

I think that your client would be advised to ask for a review, and if necessary, to take this matter to the Social Fund Inspector.

It might also be worthwhile getting on to your local NASS office as well - as far as I'm aware Nass support should not stop until after the Nass 35 has been issued. One of my client's was warned that her NASS support would stop as she had been granted ILR. Phoned Nass in Glasgow who said that she would continue to be supported by them until she was issued with a Nass 35. It is now four months since she was granted ILR, and she's still being paid by NASS.