Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what steps her Department is taking to help ensure that families subject to the No Recourse to Public Funds condition receive adequate support in the context of the rise in the cost of living.

Access to DWP benefits flows from an individual’s immigration status. DWP has no powers to award public funds benefits to an individual whose Home Office immigration status specifies no recourse to public funds (NRPF) including Universal Credit. Those on certain visa routes, including the family and human rights routes, can apply, for free, to have their NRPF condition lifted by making a ‘change of condition’ application if they are destitute or at risk of destitution, if the welfare of their child is at risk due to their low income, or where there are other exceptional financial circumstances.

Those with an immigration status with a NRPFs condition can access contributions-based benefits and the State Pension providing they meet the eligibility criteria; in addition, they can also access Local Authority support.

Local Authorities can provide a safety net of support to an individual, regardless of their immigration status, if there is a genuine care need that does not arise solely from destitution, for example if there are community care needs, they have serious health problems or there is a risk to a child’s wellbeing. Section 17 of the Children Act 1989 imposes a general duty on local authorities to safeguard and promote the welfare of “children in need” in their area. Support provided to a child by local authorities under Section 17 of the Children Act 1989 is not dependent on the immigration status of the child or their parent(s). In addition, individuals with no recourse to public funds can also benefit from the Household Support Fund and may be able to receive support in limited circumstances, as determined by Local Authorities. See the link with further guidance on this.

Advice on alternative support available for those who are not eligible for Universal Credit can be found here: https://www.gov.uk/universal-credit/other-financial-support