The benefits classed as public funds are set out in s115 of the Immigration and Asylum Act 1999 and at paragraph 6 of the Immigration Rules. These currently include:-

• Attendance Allowance

• Carers Allowance

• Child Benefit

• Child Tax Credit

• Council Tax Benefit

• Council Tax Reduction

• Disability Living Allowance

• Housing Benefit

• Income-based Employment and Support Allowance

• Income-based Jobseekers Allowance

• Income Support

• Personal Independence Payment

• Severe Disablement Allowance

• Social Fund Payments

• State Pension Credit

• Universal Credit

• Working Tax Credit

Sections 117-122 of the Immigration and Asylum Act sets out restrictions in respect of social housing which include the allocation of local authority housing and local authority homelessness assistance.

There are some benefits that are not ‘public funds’, and will depend on an individual’s previous national insurance contributions or current level of earnings, for instance:-

• New Style Jobseekers Allowance

• New Style Employment and Support Allowance

• Incapacity Benefit

• State Retirement Pension

• Maternity Allowance

• Statutory Maternity Pay

• Statutory Sick Pay

Council tax discounts are also not considered to be a public fund (for instance the 25% single person discount) even though council tax reduction is a public fund.

Payments under the Coronavirus Job Retention Scheme and the Self-employment Income Support Scheme are also not considered to be public funds.

People who are ‘subject to immigration control’ (as defined in section 115 of the Immigration and Asylum Act 1999 will have No Recourse to Public Funds (unless an exception applies). This includes people who have leave to enter or remain in the the UK with an ‘NRPF’ condition attached, eg leave to enter as a visitor or leave to remain as a student. It also includes people whose leave to enter or remain is subject to a maintenance undertaking, for instance indefinite leave to remain as the adult dependent of someone with settled status. In these situations the term ‘no public funds’ will be stated on the residence permit. People with no leave to enter or remain, for instance someone who has overstayed their visa, an asylum seeker who has exhausted their appeal rights or an undocumented migrant will also have NRPF.

In some circumstances, the NRPF condition can be lifted, allowing a person access to public funds. Migrants wishing to have the NRPF condition lifted need to be able to demonstrate that they are destitute (or are about to become destitute). Advice about changing an NRPF condition constitutes immigration advice which is regulated by the Office of the Immigrations Services Commissioner. The Care Rights Project cannot give immigration advice and therefore cannot help with applications for a change of conditions. However, you can read more about it here and you may be able to get assistance in applying for a change of conditions from the Unity Project or from an Immigration adviser.

You can find more detailed information about NRPF and migrants rights at www.nrpfnetwork.org and www.freemovement.org.uk

You can find Home Office guidance here