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No access to public funds and furlough payment
I am sure that I have read that furlough payment is not treated as access to public funds - can anyone point me to something that says this?Thanks Ruth
Ah - just found this link to House of Commons briefing! Yes they are and to the New-style JSA and ESA as well https://commonslibrary.parliament.uk/research-briefings/cbp-8888/ But reading the blog it sounds as if it might also be a good idea to request variation of the conditions
I don’t see how it could be.
(1) The furlough payment is being made by the government to the employer. It doesn’t involve the employee. The employer then pays wages to the employee.
(2) The list of public funds is prescribed and it hasn’t been added to the list.
https://www.gov.uk/government/publications/public-funds—2/public-funds
On reflection that is the crucial point - if it is not on the list then it isn’t public funds. I think those of us who are not immigration specialists panic sometimes for fear of jeopardising our client’s immigration status. But for mens tested benefits it might be worth clients consulting an immigration advisor on varying their conditions so they have access to the means-tested benefits
Updated Retention Scheme guidance to employers now says grants are not counted as access to public funds -
Foreign nationals are eligible to be furloughed. Grants under the scheme are not counted as ‘access to public funds’, and you can furlough employees on all categories of visa.
Does anyone know what the position is for SEISS?
Doesn’t say in the guidance https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme#employees-you-can-claim-for - last updated 21/4/20
It’s not on the list so it isn’t public funds.
The following may also assist:
http://www.nrpfnetwork.org.uk/information/Pages/Coronavirus-information.aspx