Would appreciate some help here folks.
Have an Algerian family I have been doing work with. They have been granted "leave to remain" in UK, but this is not indefinite.

To date I have assisted the family with claims for Child Benefit, Child Tax Credit, Income Support, and DLA for their eldest child (HRC & LRM). ALL THESE BENEFITS ARE IN PAYMENT.

I then assisted the father with a claim for Carers Allowance. This claim has been refused. The reason given is............
"your right to live in Great Britain has been limited, or is subject to a condition"

Can anyone explain why this would be the case, given the fact their status was fine for other benefits????

CA rules are the same for DLA and AA in terms of residence conditions.

It may be that they assumed the person had indefinite leave to remain and then did more checking when the CA claim was made. These benefits count as public funds and the DWP can pass information onto the Home Office. Is there a member of the family who is a PSIC as this could have caused the difficulty? They could have been granted leave to remain but still have a subject to no recourse restriction.

It is worth saying that claiming IS during a spouses temporary leave may inflict some damage on the immigration application in extending leave. Further, claiming IS when you have no recourse after 1996 could be considered a criminal offence however action is unlikely.

Thanks for input murr.

This family were originally supported through National Asylum Support Service (NASS). They were then given leave to remain...although for some reason not indefinite. They had no restriction on public funds placed on their status, hence the benefit claims. This is why I find the Carers Allowance decision hard to fathom.

I meet with the family shortly and will look over their "papers" to see if this gives any clue. I suspect that it has something to do with the fact that their leave to remain is not indefinite. The father is very reluctant to appeal the decision feeling all benefits will be stopped.

Hi,

Generally the Home Office issue Limited Leave to Remain alongside Refugee Status or Humanitarian Protection. If this is the case those with LLR will have recourse to public funds. You need to check the Immigration Status Documents otherwise known as the 'vignette.' to establish the status. Looks to me that someone has made a mistake about their status at CA unit. You need to be sure what their status is - and take it from there
cheers

stuart

Cheers stuart

Will be meeting with family shortly and get clarification. Personally feel that CA unit have erred here and review/appeal will be appropriate.