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Advice needed for client with no recourse to public funds
Hi, I need some advice for a client and I don’t really deal with immigration so this is well outside of my knowledge.
The client has a residence permit that includes “no public funds”. He lives with his partner and child. Partner has indefinite leave to remain, the child is British. The client suffered a brain injury that has left him unable to work. Are there any benefits he can claim in his own right? His partner works part-time and could claim UC but it wouldn’t be enough.
Thanks in advance
The list of benefits covered by the NRPF conditions is included in here. Anything not on the list is not subject to the NRPF condition. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/970377/public-funds-guidance-v17.0-gov-uk.pdf
Most obviously, he may be eligible for New Style ESA.
He can also ask for the NRPF condition to be lifted and as the parent of a British child he should come into one of the groups eligible for this to be considered. See, for example, https://lawcentreni.s3.amazonaws.com/LCNI-Legal-information-briefing-on-lifting-NRPF-condition-Feb-2021.pdf
He needs to get immigration advice regarding this though.
The NRPF network provides alot of helpful info and advice , https://www.nrpfnetwork.org.uk/
Thank you for the advice and links. Very useful for future reference.
While it isn’t perhaps massively significant, it’s worth knowing that NHS benefits such as free dental treatment etc, and reimbursement of hospital travel costs, don’t count as public funds. By definition your client won’t be eligible for a means-tested benefit that gives him automatic eligibility for these NHS benefits, but he can apply under the Low Income Scheme by completing form HC1.
Separately from considering his entitlements at present (ie with his current leave to remain and its condition that he has no recourse to funds) it is worth referring for immigration advice to see if an application can be made to lift the no recourse to funds condition - although partner’s work and status means he not going to be destitute the circumstances of the brain injury do sound pretty compelling so maybe worth a go- but that is a matter for immigration advice. The HO Policy Equality Statement on their policy of lifting NRPF conditions in exceptional circs is here- https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/880531/Policy_Equality_Statement__PES__21_April_2020.pdf
[ Edited: 17 Jun 2021 at 11:57 am by Martin Williams ]Thank you for all the advice. One quick question. As his partner works part-time, she could claim UC for herself and child as well as her rent. I assume his nsESA would be taken from this pound for pound?