
CHAPTER ONE – WHAT DOES ‘NO RECOURSE TO PUBLIC FUNDS’ (NRPF) MEAN?
1.1 NRPF has become a generic description for what is in reality a relatively diverse group of immigration statuses.
1.2 It derives from the provisions of the Immigration Rules, which at para.6, define “public funds”. Those which fall within the ambit of English local government administration are in bold (emphasis added):
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housing under Part VI or VII of the Housing Act 1996 and under Part II of the Housing Act 1985, Part I or II of the Housing (Scotland) Act 1987, Part II of the Housing (Northern Ireland) Order 1981 or Part II of the Housing (Northern Ireland) Order 1988; and
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attendance allowance, severe disablement allowance, carer’s allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992; income support, council tax benefit and housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker’s allowance under the Jobseekers Act 1995, income related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002; and
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attendance allowance, severe disablement allowance, carer’s allowance and disability living allowance under Part III of the Social Security Contribution and Benefits (Northern Ireland) Act 1992; income support, council tax benefit and, housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 or income related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007; and
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Universal Credit under Part 1 of the Welfare Reform Act 2012 or Personal Independence Payment under Part 4 of that Act; and
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Universal Credit, Personal Independence Payment or any domestic rate relief under the Welfare Reform (Northern Ireland) Order 2015; and
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a council tax reduction under a council tax reduction scheme made under section 13A of the Local Government Finance Act 1992 in relation to England or Wales or a council tax reduction pursuant to the Council Tax Reduction (Scotland) Regulations 2012 or the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012; and
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a payment made from a welfare fund under the Welfare Funds (Scotland) Act 2015; and
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a discretionary support payment made in accordance with any regulations made under article 135 of the Welfare Reform (Northern Ireland) Order 2015; and
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a discretionary payment made by a local authority under section 1 of the Localism Act 2011.
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[emphasis added to identify those forms of support administered by an English local authority]
1.3 It can be seen that the majority of the welfare provisions defined as public funds are those administered by central government.
1.4 It is also notable that key local authority welfare provisions are not within the definition of public funds – support under the Children Act 1989, Care Act 2014 and after-care under the Mental Health Act 1983, for example. Some of those schemes contain their own immigration related eligibility criteria. However, they are not “public funds” as defined and the mere fact that an applicant is subject to a NRPF condition on their leave to enter or remain does not exclude them from such forms of support.
Who has “NRPF”?
1.5 The umbrella term NRPF is capable of including those who have been granted leave to enter or leave to remain, where the grant is subject to a condition of NRPF. That applicant is lawfully present in the UK, but the condition precludes access to the specified forms of support.
1.6 An unlawfully present person (someone who has overstayed a visa, for example, or a failed asylum seeker who has exhausted all appeal rights) might also be described as having NRPF. An EEA national who does not have settled or pre-settled status or leave to remain would also be unlawfully present and unable to qualify for the specified forms of welfare assistance, therefore NRPF. That is because such qualification is in all cases dependent on lawful presence in the UK (among other conditions).
1.7 An asylum seeker is a person who is subject to immigration control and therefore requires, but (pending a positive decision on the asylum claim and consequential grant of leave to remain) does not have, leave to remain. Asylum seekers’ needs are addressed by the Immigration and Asylum Act 1999 s.95, which permits the Secretary of State to provide accommodation and support for destitute asylum seekers. An asylum seeker therefore has NRPF by reference to mainstream welfare support, but may be able to access public funds in the form of asylum support.
Key points
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NRPF is an umbrella term which covers those who, either because their presence is unlawful, or because it is lawful but subject to conditions, may not have access to public funds
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An asylum seeker is excluded from access to public funds but, if destitute, may qualify for support from the Home Office under s.95 Immigration and Asylum Act 1999
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Local authority support provisions which include the Care Act 2014, Children Act 1989 and Mental Health Act 1983 are outside the definition of “public funds” (but may have their own statutory immigration restrictions)