21 of the National Assistance Act 1948 and Human Rights - URGENT!

I am desperate for ideas and suggestions for my client who is from Norway.  He had a falling out with his family in Norway, and because this was affecting him, his brother who currently lives in the UK asked him to come to the UK to stay with him while he can look for a job here in the UK.

My client left his job in Norway and travelled to the UK arriving on 29 April 2015 and started searching for jobs.  Unfortunately, he fell ill and was rushed to St Thomas’ Hospital where he was diagnosed with HIV.  My client said that one of the nurses on the ward told his brother that he has been diagnosed with HIV, and his brother kicked him out.  He is now homeless.  Since he has only been in the UK for less than 2 months, he cannot claim JSA and cannot claim HB to pay for an accommodation because he has no right to reside in the UK. He cannot hope to get any help from his brother, and he cannot go back to Norway because his brother have informed the family that he is HIV+.

My client has been living on his savings and he has now spent his last £200 to pay for his accommodation in a hostel, and this has now run out. He is currently on a £0 income, and as from Tuesday, will be street homeless.

My question is, as an EU citizen, can he apply for support under s21?  I anxiously await suggestions.

s.21 of the NAA 1948 has been repealed by the new Care Act 2014

I think you need to look at the provisions as s.13 about the duty of local authorities to assess and s.18 insofar as their duties to meet your client’s needs, as the latter is what has replaced s.21 NAA 1948 duties, as explained in the Explanatory notes

Broadly speaking, this mirrors the information in our Benefits for Migrants Handbook 6th edition at p.347, which is currently being updated to incorporate these changes as well as others.

Good luck.

You might want to check out this guidance

http://www.nrpfnetwork.org.uk/Documents/Practice-Guidance-Adults-England.pdf

Your client may struggle to overcome the exclusion in para.5 of Sch.3 of the Nationality, Immigration and Asylum Act 2002 which concerns EEA nationals:

5. Paragraph 1 applies to a person if he—
(a)has the nationality of an EEA State other than the United Kingdom, or
(b)is the dependant of a person who has the nationality of an EEA State other than the United Kingdom

with para.1 providing that:

1(1)A person to whom this paragraph applies shall not be eligible for support or assistance under—
(a)section 21 or 29 of the National Assistance Act 1948 (c. 29) (local authority: accommodation and welfare),

unless he can establish an argument under para.3:

Paragraph 1 does not prevent the exercise of a power or the performance of a duty if, and to the extent that, its exercise or performance is necessary for the purpose of avoiding a breach of—
(a)a person’s Convention rights, or
(b)a person’s rights under the Community Treaties.

MartinB - 26 June 2015 04:07 PM

You might want to check out this guidance

http://www.nrpfnetwork.org.uk/Documents/Practice-Guidance-Adults-England.pdf

nice one, thanks.