Benefits and Immigration

1
Benefits and Immigration

• Rules for obtaining visa
• Condition of 'no recourse'
• Rules for specific benefit entitlement

2
Entitlements"A person subject to immigration
control"

• Is a non-EEA national who .......................
  .....
• requires leave but does not have it or
• has leave subject to a condition of no recourse
  or
• Is subject of a maintenance undertaking

3
Entitlements- Benefits affected

• income-based jobseeker's allowance
• income support
• I-b employment support allowance
• a social fund payment
• pension credits
• housing benefit / LHA
• council tax benefit
• attendance allowance
• severe disablement allowance
• Carer's allowance
• disability living allowance
• tax credits
• child benefit
• Council housing

4
Effect of being PSIC - General

• Can't claim in own right
• Ignore needs in other's claim, but...
• Don't ignore PSIC's resources
• Are exceptions

5
Benefit entitlements - check..

• Benefit entitlement of rest of family
• IS for PSIC children with non-PSIC parent
• NI benefits may still be conditions attached
• Turkey/Croatia/Macedonia on TA
• EU Association Agreements

6
Habitual Residence2-Stage Test

• Right to reside
• Habitually resident

7
Habitual Residence Test - exemptions

• worker under EU law
• right to reside under EU worker directive
• refugee / ELR / HP / DL
• non-PSIC deported to UK
• post-Volcano Montserrat resident

8
A8 Nationals

• 1st year
• Unable to claim unless validly registered
• After 1 yr continuous WRS registration
• Apply residence
• Same rights to claim as non-A8 EUnationals when
  residence
• need to be a worker
• exempt from habitual residence test

9
Tax Credits PSIC exemptions

• Non-PSIC partner in a couple
• Sponsored immigrant with dead sponsor(s)?
• Interruption of funds
• CTC - EU Association agreement lawfully working
• WTC - non-EU ECSMA national

10
Public Housing

• Ex-NASS 'local connection' only with place where
  dispersed

11
Homelessness issues

• Aim Establish priority need
• Use Guidance on homelessness
• Use Evidence, statements
• To show Vulnerability

12
Health charges 5 stage test

• Is patient an overseas visitor?
• Is treatment exempt from charge?
• Is the overseas visitor exempt from charges?
• If has to pay - has the course of treatment begun
  before became liable?
• Are there any exceptional humanitarian reasons?

13
Treatment exempt from charge

• Accident Emergency / NHS walk-in
• Non-hospital treatment e.g. GPs treatment
• Specified diseases (not including HIV)
• Family planning
• STD clinic treatment but not for HIV (with the
  exception of the test and counselling)?
• Treatment after sectioned or on probation

14
Exempt patients 1

• Lawful employees and self-employed
• Voluntary health workers
• Taking up settlement
• 1 years lawful residence
• students on a course of 6 months or more
• Refugees and asylum applicants
• Prisoners / detained
• Reciprocal arrangements
• EU exemptions

15
Patient exemptions 2 need arose during visit

• EU/EEA nationals
• Refugees recognised in EU and their family
• 10-years lawful residence in UK at any time
• Schedule 2 nationals
• ECSMA nationals without the funds
• Authorised family members of those being treated
  exceptionally