Right to benefits for 18 year old while application for extension to leave to remain is considered

Hi, I’m trying to help a social worker with the following query:

“I work with unaccompanied asylum seeking minors who are looked after under Section 20 of the Children’s Act 1989.  One of the young people I work with is turning 18 years of age next week.  He was granted Discretionary Leave To Remain which has expired in May 2015.  He has made an application to the Home Office to extend his Leave To Remain and is awaiting a response. Could you kindly advise me whether this young person is eligible to claim Income Support, Housing and Council Tax Benefits whilst he has outstanding application?”

I cannot find any guidance on whether or not such a claimant can have access to public funds during an application for extension to his leave to remain. Can anyone advise and/or point me to relevant legislation or guidance?

As he was a child, and getting support under the Children’s Act, would his existing immigration docs have any reference to whether or not he can access public funds? If the docs do NOT say ‘no access to public funds’ does that mean he can safely make benefit claims?

The client applied for an extension before he turned 18. Would the review about an extension consider whether or not this should be made under DLR, or instead under ILR as he is now an adult? I understand this is more of an immigration question and may be outside the expertise of the users of this forum.

Grateful as always for any help.

If has made in time application (ie before previous leave expired), then he continues to have his existing leave to remain and the conditions that go with it continue to apply. As his leave was discretionary LTR, it is unlikely to have had a NRPF restriction - someone only has a NRPF restriction if the conditions of their leave specifically say so. As such, it seems likely if it was an in time application he can receive benefits under the usual rules.

If for any reason his application for leave was made after his previous leave expired, then he won’t be subject to a NRPF restriction but he would be someone without current LTR and so a PSIC and so excluded from most benefits by the rules that apply to PSIC.

If you have a copy of the new edition of our Benefits for Migrant handbook see p23 on time-limited leave, and the rest of that chapter on the various condition that might apply. In addition, I’d have thought that the person supporting these unaccompanied minors should be talking to whoever is assisting with his application for extended leave about this, and that is definitely who they should be talking to about what leave might be granted in the future.

hkrishna - 25 November 2015 02:03 PM

If has made in time application (ie before previous leave expired), then he continues to have his existing leave to remain and the conditions that go with it continue to apply. As his leave was discretionary LTR, it is unlikely to have had a NRPF restriction - someone only has a NRPF restriction if the conditions of their leave specifically say so. As such, it seems likely if it was an in time application he can receive benefits under the usual rules.

If for any reason his application for leave was made after his previous leave expired, then he won’t be subject to a NRPF restriction but he would be someone without current LTR and so a PSIC and so excluded from most benefits by the rules that apply to PSIC.

If you have a copy of the new edition of our Benefits for Migrant handbook see p23 on time-limited leave, and the rest of that chapter on the various condition that might apply. In addition, I’d have thought that the person supporting these unaccompanied minors should be talking to whoever is assisting with his application for extended leave about this, and that is definitely who they should be talking to about what leave might be granted in the future.

Thank you, very helpful. I did look at the handbook but didn’t spot that - went straight to pages on DLR.