× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Residence issues  →  Thread

Destitution for domestic violence concession rules

ZBUC
forum member

Welfare rights team (UC advice project) - Mind in the City, Hackney and Waltham Forest

Send message

Total Posts: 12

Joined: 8 November 2019

Hi,

I have a client who has been receiving UC based on having a destitution for domestic violence concession. She’s applied for ILR, but it hasn’t come through yet. Her three months on DDV concession are about to run out, and she’s worried this will mean losing her UC entitlement.

Are there any rules that cover the gap between when the ILR application goes through and when the DDV entitlement ends?

Thank you!

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3134

Joined: 14 July 2014

If you have time limited leave and apply for further leave before your existing leave runs out, you automatically get an extension of leave on the same terms until the application is dealt with under s3C Immigration Act 1971.

As far as I am aware, that general rule applies to leave under the DDV rules so that provided an application for ILR has been made within the 3 month period specified, the leave (which has no public funds restriction) is automatically extended until that application is dealt with.

Of course your client would be well advised to check in with their immigration advisers if they have concerns.about the security of their immigration position.