Immigration and Benefits

Hi

Looking for some initial advice regarding our client’s benefits and immigration. We very rarely deal with immigration issues so I’m not sure where to start (other than to refer to an immigration specialist).

I have a couple who have both emigrated here in the last couple of years. He has a full right to reside and is working part-time whilst claiming UC. She doesn’t and has “no recourse to public funding”.

Unfortunately, she contracted TB a number of months ago and he has to care for her which has reduced his working hours from full-time to part-time. They are struggling financially and he cannot do any more hours due to caring for his wife.

Are they entitled to any more benefits? I have explained to him about his wife’s situation and he seems to feel he could claim for Carers Allowance - could this be possible? My initial thoughts are no.

Any help would be greatly appreciated.

Thanks

Adam

There is no reason in principle that he can’t claim Carers Allowance - the problem is that a condition of entitlement to CA is that the person you are caring for gets PIP. The partner does not get PIP and cannot claim it because she has a visa which is subject to an NRPF condition which excludes her from entitlement. The same goes for the UC carers element.

“No Recourse to Public Funds” or NRPF really does what it says on the tin. If you have NRPF on your visa, then you cannot claim benefits which are classed as public funds, such as PIP. As a general rule, all benefits are public funds except for those which are contribution based such as nsJSA.

(NRPF is usually a condition of visas where the expectation is that you will either make your own way or be supported by someone else, e.g. for students, skilled workers or spouses).

In certain circumstances and under certain conditions, it is possible either to apply for leave which is not subject to NRPF (such as Indefinite Leave to Remain) or to apply for the NRPF condition to be removed (for example on the grounds of imminent destitution) - however as a benefit adviser you must not be getting involved in these issues as it is a criminal offence to provide immigration advice without appropriate authorisation from the Office of the Immigration Services Commissioner. It is sufficient to suggest they speak to someone suitably qualified if they want to look at their immigration options.

Hi Elliot,

Thanks for the advice - I’m aware that I cannot give immigration advice (don’t want to with it being so complicated!).

Is it worth putting in a claim for Carers Allowance and see what the DWP say?

Bcfu - 20 August 2021 04:41 PM

Is it worth putting in a claim for Carers Allowance and see what the DWP say?

No because he clearly doesn’t meet the conditions of entitlement. For arguments sake if these were both British nationals, you would advise her to look at claiming PIP. If she turned out to be entitled to the daily living component, you would then advise him to think about claiming CA. The blockage here is that she does not and cannot get PIP due to the NRPF condition. His inability to claim CA is just a result of her not getting PIP.

Incidentally, what’s the history here? You said that the two of them emigrated a couple of years ago but one has recourse to public funds and the other doesn’t. Just wondering how that has come about.