8.2 No Recourse to Public Funds

1. Introduction and Definition

1.1 Definition of no recourse to public funds

The immigration status of a person who is not a British citizen (non-UK national) determines whether they are able to work and access public funds – such as welfare benefits – in the United Kingdom (UK).

A person has no recourse to public funds (NRPF) if they are ‘subject to immigration control’. This means a person is not usually entitled to welfare benefits or public housing (although there are some exceptions).

Section 115 Immigration and Asylum Act 1999 states that a person will be ‘subject to immigration control’ if they have:

• Permission (known as ‘leave’) to enter or remain in the UK, which has a NRPF condition attached (for example they are given permission to enter or remain on a temporary basis, such as to visit, study or work);
• permission to enter or remain in the UK where a ‘maintenance undertaking’ is required. This is when someone else is a sponsor for a person’s immigration application and signs an agreement to say they will provide the person with accommodation and financial support whilst they are in the UK;
• permission to enter or remain in the UK while they await the decision of their immigration appeal;
• they do not have permission to enter or remain in the country when they are required to have this. This means that anyone who is required to have permission to enter or live in the UK but does not have this, will be subject to immigration control. This includes people who are seeking asylum and people who:
  • entered the UK illegally;
  • stayed past the date when their visa expired; or
  • are Appeal Rights Exhausted (ARE) following an unsuccessful asylum or immigration claim.

The statement ‘no public funds’ will be written on the person’s immigration documentation, if they have immigration permission with NRPF.

People who have no recourse to public funds are not usually entitled to receive welfare benefits. They also have no entitlement to local authority housing or assistance from the local authority in relation to homelessness.

There are exceptions to these rules in certain circumstances; for example, a person who has permission to remain with NRPF may still be able to claim certain benefits without this affecting their immigration status. See Public Funds Caseworker Guidance (Home Office) for more information.

1.2 Recourse to public funds

People with the following types of immigration status will have recourse to (be able to access) public funds:

• indefinite leave to enter or remain or no time limit (apart from an adult dependent relative);
• right of abode;
• exempt from immigration control;
• refugee status;
• humanitarian protection;
• leave to remain granted under the family or private life rules where they are accepted by the Home Office as being destitute or at risk of imminent destitution;
• Hong Kong British nationals overseas BN(O) leave, when they have been accepted by the Home Office as being destitute (this means they are very poor and have no money to provide for themselves) or at risk of immediate destitution;
• Settled status granted under the EU Settlement Scheme (EUSS) and, in some cases, pre-settled status, although they will need to satisfy a right to reside test and DWP requirements to qualify for benefits and / or local authority housing assistance;
• discretionary leave to remain, for example:
  • permission granted to a person who has received a decision from the Home Office that they are a victim of trafficking or modern day slavery;
  • destitution domestic abuse concession;

• unaccompanied asylum-seeking child

People who have lived in the UK for several decades can be in the country legally even if they do not have documents confirming this. In such cases, the person may be able to apply to the Windrush Scheme and apply for a document that proves they can live and work in the UK. See also Windrush Scheme: Get Proof of your Right to be in the UK (gov.uk).

2. Asylum Seekers

When an asylum seeker presents to the local authority and appears to have care and support needs, they must be assessed under the Care Act 2014 in the usual way, and provided with care and support if the assessment concludes they have eligible needs.

Even if an asylum seeker is waiting for a decision from the Home Office, or the outcome of any appeal,, they are still able to receive care and support from the local authority, if the Care Act assessment concludes they are eligible.

If an asylum seeker, who has received the final decision of their asylum claim, presents to the local authority and appears to have care and support needs, they must also be assessed in the usual way under the Care Act, but the provision of care and support may be subject to a human rights assessment depending on their immigration status and whether they are in a group excluded by Schedule 3 of the Nationality, Immigration and Asylum Act 2002.

In certain circumstances, destitute refused asylum seekers may be provided with support from the Home Office under section 4 of the Immigration and Asylum Act 1999. They need to show that they:

• are taking all reasonable steps to leave the UK;
• are unable to leave the UK due to physical impediment;
• have no safe route of return;
• have been granted leave to appeal in an application for judicial review concerning their asylum claim; or
• require support to avoid a breach of their human rights, for example they have made further submissions for a fresh asylum claim.

The support provided comprises accommodation and subsistence, which is intended to cover the costs of food, clothing and toiletries, through a card that can be used in shops but not to withdraw cash. Subsistence support cannot be provided independently of accommodation.

The following organisations provide information and asylum support:

• Home Office: Asylum Support How to Claim;
• Migrant Help (assistance with applications);
• Asylum Support Appeals Project (assistance when support is refused).

3. Adult Safeguarding

People with no recourse to public funds may be at increased risk of domestic abuse or exploitation due to their unsettled immigration status and a lack of access to benefits and mainstream housing service.

Section 42 of the Care Act 2014 requires the local authority to undertake a safeguarding adults enquiry to decide whether any action needs to be taken to prevent or stop an adult being abused or neglected (see Safeguarding Enquiries section).

The Care and Support Statutory Guidance states that abuse or neglect includes modern slavery which covers slavery; human trafficking; forced labour; domestic servitude and where traffickers and slave masters coerce, deceive and force people into a life of abuse, servitude and inhumane treatment (see Modern Slavery chapter).

Whatever a person’s nationality or immigration status, the local authority should always follow safeguarding adults procedures and carry out a safeguarding adults enquiry and take any necessary action to stop abuse or neglect.

3.1 Modern slavery

See also Modern Slavery chapter.

When a person is identified as being a potential victim of trafficking or modern slavery, the local authority must notify the National Referral Mechanism (NRM).

A referral should also be made to the NRM for support if the person consents to this.

If the person does not consent to a referral to the NRM, the local authority must still notify the Home Office.

When a referral is made to the NRM, housing and subsistence support are provided by the Salvation Army and partner organisations for 45 days.