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no recourse to public funds
Hi everyone
I am after a bit of advice please.
We have a client who is from Bangladesh, who’s passport states he has no recourse to public funds. He was part of a couple and they have a child together. She is a British citizen. They have now split up and she has been deemed unfit to look after the child as she has learning disabilities. The child is now in the father’s care.
As he has no recourse to public funds according to the gov.uk website this covers child benefit and child tax credit. I am just wanting to double check if he can or cannot claim these benefits as the child is a British citizen and under his care so am unsure whether the rules disallowing him to claim CTC and CHB would still apply. I have read various things but have been unable to get a definite answer.
Many Thanks
See Chapter 67 of the CPAG handbook and p1504-1506 in particular.
Basically he should be able to get CB but will not be able to get CTCs apart from in a narrow range of circumstances which from what you say do not apply.
If he does not have enough money to support the child and/or himself I suggest that you speak to your No Recourse to Public Funds team at Durham CC.
I’d suggest that the client urgently seek immigration advice to try and at least get the no recourse restriction removed from his immigration status and hopefully apply for ILTR.
CPAG Migrants Handbook 8th edition, p.25.
Recourse to public funds.
Leave to enter or remain for certain purposes is only granted if you can show that you and your dependents can, and will, be adequately maintained and accommodated without recourse to public funds.
If you breach this condition, you may commit a criminal offence, your current leave could be curtailed or revoked, and future applications for leave could be refused. You could also be detained and removed from the UK and/or refused citizenship on character grounds.
Public funds for Immigration Rules include child benefit and child tax credit.
There are certain exceptions but it doesn’t seem obvious any of these would apply. So I would recommend your client getting some immigration advice post haste basically.
CPAG Migrants Handbook 8th edition, p.25.
Recourse to public funds.
Leave to enter or remain for certain purposes is only granted if you can show that you and your dependents can, and will, be adequately maintained and accommodated without recourse to public funds.
If you breach this condition, you may commit a criminal offence, your current leave could be curtailed or revoked, and future applications for leave could be refused. You could also be detained and removed from the UK and/or refused citizenship on character grounds.
Public funds for Immigration Rules include child benefit and child tax credit.
There are certain exceptions but it doesn’t seem obvious any of these would apply. So I would recommend your client getting some immigration advice post haste basically.
Our Migrants Handbook is still the 7th edition (in that edition the pages I’m looking at are p65-69) but I’d be arguing that for CB he comes under the exemption for family member of an EU national. That edition suggests that EU national (for the moment at least!) includes a British citizen, which is consistent with our general CPAG Benefits and Tax Credits Handbook which is up to date.
It would appear he also has a Zambrano European right to reside as there is no other parent in a position to look after the British child who would in effect face expulsion from the EU if the father had to leave. But that doesn’t help with benefits: no means tested bens, no Child Benefit on strength of Zambrano R2R alone.
Personally, I’d be very cautious encouraging someone to make any benefit claim whilst their immigration status and their right to remain in the country remains so uncertain. I would usually advise they seek immigration advice first to avoid undermining his right to stay here.
i’m surprised the LA and courts didn’t consider this type of thing when giving him residence for the child. can the LA assist? as well as immigration advice, some legal advice around the other issues would clearly assist, as well as discussing with the social worker.
. I would usually advise they seek immigration advice first to avoid undermining his right to stay here.
I’ll echo that. I thought it was one of the basics that if there’s any question about immigration status that needs tidying up before making any claims.
Thanks everyone for their advice.
This is why I was so cautious in advising him. I didn’t want to do the normal ‘just apply and see what happens’ as I know the risk it could cause to his immigration status.
Am going to advise him to tell the home office of his change of circumstances and see if that will allow his status to be changed.
He is working and the LA are paying for childcare for the child but he was expecting to be able to claim CTC, WTC and CHB which we know are a no go for him.
the child is a “qualifying young person” for CHB but the parent is not entitled to claim it for them.
A person is entitled to claim CHB if they fulfil the presence and residence condition and rights to public funds and contribute to the costs of supporting the child. (pg 571 onwards of the current Welbens h/bk)
If your client has a friend who is entitled to claim CHB (being British for instance) then they can claim CHB for the child as long as they contribute an amount at least equal to CHB to supporting the child. This other person does not have to live with the child (pg 578).
If there is a dispute (for example between two parents) then the HMRC simply decides.
But in this case, if this guy has a friend whom he trusts and who is eligible to claim benefits, this other person can claim CHB and pass it on to him.
There is a form to apply to lift the NRPF provision—you need to demonstrate destitution and inability to work however, just having a British child isn’t enough—unless it’s so handicapped that you have to look after it and can’t work. Quite definitely the NRPF provision applies and continues to apply, British child or not.
He’s entitled to a derivative right to reside as the primary carer of a British citizen and this does not entitle him to any of the benefits which require a right to reside (benefits for migrants pg 181) including HB, CHB, CTC, UC, and means-tested JSA and ESA (pg 115)
[ Edited: 7 Jun 2017 at 08:26 pm by Sally63 ]
There is a form to apply to lift the NRPF provision—you need to demonstrate destitution and inability to work however, just having a British child isn’t enough—unless it’s so handicapped that you have to look after it and can’t work. Quite definitely the NRPF provision applies and continues to apply, British child or not.
Are you conflating NRPF with the Destitute Plus provisions? Under DP a person remains NRPF but a Local Authority has an obligation to act under what’s left of the National Assistance Act where there would otherwise be a breach of their convention rights.
There is a form to apply to lift the NRPF provision—you need to demonstrate destitution and inability to work however, just having a British child isn’t enough—unless it’s so handicapped that you have to look after it and can’t work. Quite definitely the NRPF provision applies and continues to apply, British child or not.
Are you conflating NRPF with the Destitute Plus provisions? Under DP a person remains NRPF but a Local Authority has an obligation to act under what’s left of the National Assistance Act where there would otherwise be a breach of their convention rights.
I’m thinking of this https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/421399/NRPF10.pdf
Hi guys,
What if the child has NRPF but the parent doesn’t ? Can a parent claim CB for a child in this instance?
Many thanks.
I think we need more detail. It’s the parent who makes the claim not the child but not all children are eligible to have CHB claimed for them.
I’m trying to see how a child could have no recourse when its parents do.
I think we need more detail. It’s the parent who makes the claim not the child but not all children are eligible to have CHB claimed for them.
I’m trying to see how a child could have no recourse when its parents do.
I’m sorry the huge delay.
Mother is British by descent, had a child with an American citizen (child born in USA) client’s child came to UK on visitor’s visa, client submitted an application to HO for leave to remain under Human Rights, this was refused however was eventually overturned by the Immigration Tribunal. The child was granted leave to remain in the UK via the 10 year route however has NRPF on his Biometrics. My client works full-time and can support him but she has received a previous O/P from Tax Credit and now wants to claim CB & CTC for child.
Many thanks in advance.
I think we need more detail. It’s the parent who makes the claim not the child but not all children are eligible to have CHB claimed for them.
I’m trying to see how a child could have no recourse when its parents do.
I’m sorry the huge delay.
Mother is British by descent, had a child with an American citizen (child born in USA) client’s child came to UK on visitor’s visa, client submitted an application to HO for leave to remain under Human Rights, this was refused however was eventually overturned by the Immigration Tribunal. The child was granted leave to remain in the UK via the 10 year route however has NRPF on his Biometrics. My client works full-time and can support him but she has received a previous O/P from Tax Credit and now wants to claim CB & CTC for child.Many thanks in advance.
why is the child not entitled to british citizenship in addition to his US?