No Recourse To Public Funds

Hi LAs received a letter from HCLG advising that they could assist NRPF clients via alternative powers and funding.

’ utilise alternative powers and funding to assist those with no recourse to public funds
who require shelter and other forms of support due to the COVID-19 pandemic ‘

Can anybody point me in the right direction as to what these alternative powers /funding are ?

Thanks in advance.

One of them will be them Social Services/Children’s Services have a duty to assist children living in destitution.  Hopefully someone else on here can quote the act.  They may also be referring to local welfare assistance schemes and food banks?

Where children are involved we can use Section 17 . Its the clients without children who we cannot assist under this provision. Are there alternative powers/funding for single NRPF clients ?

Im not going mad answering my own question. I think that LAs may be able to use the specialist Government COVID 19 funding which doesn’t appear to have the same restrictions. NRPF Network support this possibility.

Hi Billy
I’m interested to know if the letter from HCLG was issued after Boris said he’d look into the situation with benefits for those with NRTPF?

This is the letter:
https://www.gov.uk/government/publications/letter-from-minister-hall-to-local-authorities

I assume that the reference is to the children act, care act, localism act etc.

We have been referring clients to local authorities where appropriate and there has been very little resulting fuss so I have not given much thought to how exactly this is funded.

Important to note that if a claimant is specifically NRPF (rather than inelgible for help for other reasons) they ought to take immigration advice on having the condition removed.

Good article on the Free Movement website relating to Section 17 of the Children’s Act.
Single individuals with NRPF has always been a big problem.

https://www.freemovement.org.uk/briefing-section-17-of-the-children-act-1989/

Hi,

There are two types of NRPF. The first being entitled to social work support (as this is not a public fund) if they meet the thresholds; and the second being Schedule 3 restricted from social work support unless a Human Rights assessment shows there are physical or legal barriers to them returning to their country of origin.

Without going in to it in any great depths - anyone currently with NRPF will be prevented from returning to their country of origin given the current restrictions on movement during lockdown so social work can provide accommodation and financial support in the same way they would to any other person presenting as destitute and homeless. This should be reviewed regularly and advice sought from your legal section as Schedule 3 also puts a duty on Local Authorities to report NRPF applicants, subject to this schedule, to report this to the Home Office - this may conflict with Data Protection duties hence the need to consult with your legal section.

There are also lots of third sector, community and voluntary organisations who have been given funds to help people in need - these are not classed as public funds so anyone can apply to them.

Jim