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Top Other benefit issues topic #4444

Subject: "no recourse to public funds and maternity allowance (m.a) ..." First topic | Last topic
Sayo
                              

Welfare Benefits Case-Worker, Maidstone Citizens Advice, Kent
Member since
02nd Nov 2004

no recourse to public funds and maternity allowance (m.a) ...
Tue 08-Jun-10 02:22 PM

... and there lyeth the query ...

cl. does not qualify for s.m.p but from what i've read m.a is not a public fund either so can my cl. claim m.a ?

thanx all,

pete

  

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Replies to this topic
RE: no recourse to public funds and maternity allowance (m.a) ..., ariadne2, 08th Jun 2010, #1
RE: no recourse to public funds and maternity allowance (m.a) ..., Sayo, 09th Jun 2010, #2

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: no recourse to public funds and maternity allowance (m.a) ...
Tue 08-Jun-10 04:51 PM

That looks right to me. It's certainly not one of the benefits listed in the legislation around people subject to immigration control, which includes those who have a "no recourse to public funds" condiiton attached to leave.
This would be consistent with the other employment-related benefits like SMP, SSP and indeed contributory benefits, where entitlement is linked to the fact of recent or current employment (or in the case of MA, self-employment).
The question suggests:
- that your client is not an EU national (of any description), since she has the "no recourse" endorsement;
- that she is not currently employed, or if currently employed is not earning enough to qualify for SMP; and
- that she has either been self-employed for a significant period or if not currently employed has been so in the recent past; and, hopefully,
- that she is in the UK with an immigration status which allows her to work. I don't THINK you could claim MA on the basis of illegal working, and it would be very dangerous to so so...

  

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Sayo
                              

Welfare Benefits Case-Worker, Maidstone Citizens Advice, Kent
Member since
02nd Nov 2004

RE: no recourse to public funds and maternity allowance (m.a) ...
Wed 09-Jun-10 11:25 AM

hello ariadne2 !
long-ish time no chat but hope you're well ?

thanx for the reply and reassurance that i hadn't missed anything was what i required which is what you have provided so ...

... enjoy the rest of your week,

pete

  

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