Visa expired - HB entitlement

Hi

A client’s visa has expired but an application has been made for a new one/extension. In these circumstances would he still be able to claim HB (and JSA) whilst awaiting a decision. Is anyone able to point me towards the relevant legislation?

Thanks

Depends whether the application was made before the old one expired.

Legislation is s115(9)(a) of the Immigration and Asylum Act 1999, and s3C of the Immigration Act 1971:

- s115 says you are a person subject to immigration control who is excluded from means tested benefits if you require leave to be in the UK and dont have it

- s3C says that leave is extended pending a renewal application provided the application was submitted before the expiry date. That means s115(9)(a) doesn’t affect you because you still have leave

Many thanks for the reply