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Resettled Afghans

hkrishna
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Welfare rights worker - CPAG in Scotland, Glasgow

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CPAG have been getting a few questions about Afghans resettled under some of the current government schemes such as the ‘ARAP’. These don’t lead to refugee or humanitarian protection status, but rather either time limited leave to remain or now indefinite leave to remain. There are no public funds restrictions. Unclear whether count as ‘discretionary leave’.

Local authorities are taking the lead in supporting Afghans resettled under these schemes but seem to be under the impression that benefits can’t be claimed for at least 3 months due to the HRT. That misunderstanding seems to be based on some slightly misleading HO guidance. There is financial support in place for what looks now to be up to 12 months, but that seems to fall short of what they would get on UC particularly if there are children in the family. Also does not seem to cover passported benefits or disability related benefits.

We’ve published a very basic factsheet on what Afghans should be entitled to here: https://askcpag.org.uk/publications/document-library. Please share particularly if in contact with the local authorities teams supporting these people.

[ Edited: 9 Sep 2021 at 12:42 pm by hkrishna ]
hkrishna
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Welfare rights worker - CPAG in Scotland, Glasgow

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Just had information that says HRT is to be amended to exempt Afghans resettled under these various schemes. Regs should be laid tomorrow and come into force on Wednesday (15th).

Helen Rogers
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This fact sheet is very useful.
Would CPAG consider producing a version that can be used outside Scotland?

shawn mach
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hkrishna - 13 September 2021 02:35 PM

Just had information that says HRT is to be amended to exempt Afghans resettled under these various schemes. Regs should be laid tomorrow and come into force on Wednesday (15th).

Here we go: Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021

hkrishna
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Helen Rogers - 14 September 2021 09:05 AM

This fact sheet is very useful.
Would CPAG consider producing a version that can be used outside Scotland?

Thanks Helen. This factsheet applies UK wide - think I might have forgotten to remove the ‘Scotland only’ disclaimer at the end in the current version on the website.

hkrishna
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Welfare rights worker - CPAG in Scotland, Glasgow

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shawn mach - 14 September 2021 01:57 PM
hkrishna - 13 September 2021 02:35 PM

Just had information that says HRT is to be amended to exempt Afghans resettled under these various schemes. Regs should be laid tomorrow and come into force on Wednesday (15th).

Here we go: Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021

Thanks Shawn. Good news is that it also exempts Afghans from the residence and presence rules for disability and carers benefits too. Just need exemption from 3 month living in UK rules for child benefit too for a full house.

shawn mach
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hkrishna
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shawn mach - 14 September 2021 02:58 PM

And another: Child Benefit (General) (Amendment) Regulations 2021

Full house. My work here is done ...

JoW
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Financial inclusion manager - Wythenshawe Community Housing

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Will the factsheet be updated as per above changes? Before I share with colleagues. It is really useful.

Daphne
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And the Scottish regs are now out - https://www.legislation.gov.uk/ssi/2021/320/contents/made

Mr Jim
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Daphne,

I don’t see any mention of the Scottish Child payment on the SI.

Jim

Daphne
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The Scottish Child Payment doesn’t have a three month residence requirement - just that you are resident in Scotland on the day you apply so not an issue :) - see reg 18 of SCP Regs - https://www.legislation.gov.uk/ssi/2020/351/regulation/18/made

hkrishna
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JoW - 14 September 2021 06:55 PM

Will the factsheet be updated as per above changes? Before I share with colleagues. It is really useful.

Just in the process of doing so. Hopefully revised version up later today.

hkrishna
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