Can migrant claim benefits if in the UK to look after a child?

If the child is British, the non-EU relative has an EU derived right of residence in accordance with the Zambrano case and Reg 15A(4A) of the Immigration (EEA) Regs 2006.  But such carers are excluded from all means-tested benefits (including CTC) and from Child Benefit on the dubious basis that Zambrano itself was about the right to work and claim contribution based benefits.

I assume the carer’s leave to enter the UK is conditional on having no recourse to public funds?  Does it say that on the card/sticker?  If so the carer will have to apply for his/her leave to be varied (not guaranteed by the way) and it wpould appear that Childrens Services will indeed have to step in for the time being and ensure the child’s well-being in whatever way they consider appropriate.

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Is it the Home Office that would vary the leave to enter due to exceptional circumstances? How would she go about requestnig that?  I assume her visa says no recourse to public funds but haven’t seen it. She came here in a hurry after the parent died.

Does anyone know where I can read this case: Kingston-upon-Thames BC v Prince [1998] 31 HLR 794, CA? I cannot find it anywhere and all the links to it on Bailii do not work…

Is there a website where you easily search for judgments across different courts? The ones I’ve found don’t seem to be very easy to use.

bailii is the best one I know of for post-1996 decisions of the domestic courts, CJEU and European Court of Human Rights.  Prince doesn’t on there for some reason though - that’s unusual.

I am attaching a copy of the decision.

I am not sure how helpful it will be in a case about immigration status and benefits though.  If you are thinking along the lines of the child being treated as liable for rent as an HB claimant I can see that might be a promising angle, but it isn’t going to feed and clothe them.

There are loads of visa application forms here:
https://www.gov.uk/government/collections/uk-visa-forms#forms-for-application-to-extend-stay

I am not qualified to advise which is the right one to use unfortunately

In a nutshell the court decided that even though a minor could not hold a legal estate in land, the land would be held on trust under s27 of the Settled Land Act 1925 and thus the minor could hold an equitable estate in land.  Thus a minor can hold an equitable tenancy of any property.  The case also decided that a minor was a person and could succeed to the tenancy under s113(1) of the Housing Act 1985.

I’ve used this case before advising on tenancy issues.  You should be aware that s27 of the Settled Land Act has now been replaced with paragraph 1 of schedule 1 of the Trusts of Land and Appointment of Trustees Act 1996.

If the child succeeds the tenancy and is able to claim HB in their name, what options are there for obtaining an income for day-to-day living? Is subsistence money from social services the only option or could the guardian and/or child claim benefits of some sort?

I take it Carers Allowance is treated in the same way as any other benefit with regard to claimants subject to immigration control?

The Children Act may provide a backdoor for assistance outside the benefit system. 

Attached is a document produced by Public Law Project which I stumbled across when I had a case recently.

Just worth pointing out that section 17 is far from a guaranteed source of funds. Whatever the LA decides to give will be based on what they think is necessary to meet the assessed needs of the child (if any). As the PLP guide points out, there is also the risk that the LA will offer/threaten to take the child into care and leave the relative homeless. This is probably not lawful and legal aid is still available for JR-ing that sort of thing.

I take it Carers Allowance is treated in the same way as any other benefit with regard to claimants subject to immigration control?

Correct. Nearly all benefits, as well as housing assistance under the HA 1996, are ‘public funds’ which are covered by a no recoure restriction.

Good point on risk of taking children away. Although not blanket policy across each local authority, the amount is often linked to NASS support payments, if Authority offer substantially less than this can also be a JR.

I challenged a LA who gave client £30 per week for her and her 6 month old child.

The recent High Court Case citation [2014] EWHC 2561 (Admin) whereby the Defendant (The Council of the London Borough of Newham) highlighted the level of subsistence and made reference to NASS rates too.

Thanks for all the suggestions, really helpful!

Also, Carers Allowance is now subject to the 104/156 weeks past residence rules which may stuff them even if not a No Recourse to Public Funds situation