No recourse to public funds – Money for Parents and Babies
Public funds include benefits such as universal credit, housing benefits and child benefits. It also includes homelessness assistance from the local authority.
A full list of public funds can be found here.
Those granted time-limited visas or limited leave to remain will have no recourse to public funds. Asylum seekers are also excluded from claiming benefits.
Contribution-based benefits are based on the national insurance contributions a person has paid whilst working and are not classed as public funds. This means that if you have been employed or self-employed for a particular number of weeks, you may qualify for contribution-based benefits.
Maternity benefits such as Statutory Maternity Pay and Maternity Allowance are based on length of employment and earnings and are not classed as public funds.
Childcare
Some 2-year-olds in England may qualify for 15 hours of free nursery places per week if their parent or carer meets one of the eligibility criteria. This includes families with leave but who have no recourse to public funds.
A parent or carer who has been awarded limited leave to remain, but has a condition which prevents them from accessing public funds, will qualify for free childcare for a 2-year-old if their income does not exceed £15,400.
Families in receipt of Section 17 Support or Home Office Support are also entitled to 15 hours of free childcare for a 2-year-old.
Free childcare for 2-year-olds can be accessed from the first school term after the child’s 2nd birthday.
A ‘Zambrano carer’ is a parent or carer who is the main carer of a British citizen child. They have permission to be in the UK and are allowed to work until their child turns 18. Zambrano carers are entitled to free childcare for a 2-year-old if their income does not exceed £15,400.
3 and 4-year-olds in England, regardless of their parent’s immigration status, are entitled to 15 hours of free childcare a week.
Free childcare for 3 and 4-year-olds can be accessed from the first school term after the child’s 3rd birthday.
Families, where one parent or carer has access to public funds, are eligible for 30 hours of free childcare.
Free School Meals
In England, all children attending reception and years 1 & 2 will qualify for free school meals regardless of their or their parent’s immigration status or income.
Children in school year 3 and upwards in receipt of a qualifying benefit, or whose parents are in receipt of one or more qualifying benefit, or Section 95 from the Home Office, will be eligible for free school meals
Following the coronavirus pandemic, the government has now permanently extended free school meals to:
Families supported by social services under Section 17 of the Children Act 1989
Families who have limited leave to remain on private and family life grounds and who have no recourse to public funds
Zambrano carers
- All above must not have an income over £31,500 per year if they live in London or £28,200 if they live outside of London.
Families in receipt of Section 4 support from the Home Office
Local councils in England have the discretion to provide free school meals to children who don’t meet the standard criteria but who are also in need.
You can apply for free school meals through an application form supplied by the school.
HC2
A person who holds a HC2 certificate will be entitled to receive some or all of the following NHS services free of charge:
Free NHS prescriptions
Free NHS dental treatment
Free NHS sight tests
Help with the costs of glasses or contact lenses
Help with the costs of travelling to receive NHS treatment
Free NHS wigs and fabric supports.
Who is entitled to apply for a HC2 Certificate?
If you have a low income (or no income) you may be eligible to apply for a HC2 cert under the Low Income scheme. Those who meet the definition of having a low income may include the following groups:
Individuals who have been refused asylum (this is someone whose claim for asylum has been refused and any subsequent appeals have been unsuccessful)
Individuals who have limited leave to enter or remain subject to a condition that you cannot have recourse to public funds
Individuals who do not currently have leave to remain in the UK (undocumented)
You can also claim for your partner and your children on HC2 forms.
A Maternity Exemption Certificate is available to all pregnant women, regardless of your immigration status. The certificate entitles pregnant women to free prescriptions and free NHS dental care throughout your pregnancy and for 12 months after giving birth.
To obtain this certificate you must request an FW8 form from your GP or midwife which is then completed and sent to your local health authority
A Sure Start Maternity Grant (SSMG) is a one-off grant of £500 to help towards the costs of having a child. It is normally only provided for the first child or the first multiple birth such as twins or triplets. However, if you have been granted leave to remain as a refugee you can claim a maternity grant for your first child born in the UK even if you have children before you arrived in the UK.
It is only available to families where the mother or her partner have recourse to public funds and are in receipt of certain benefits.
To make a claim for an SSMG you must be:
Over 16yrs
Receiving one of the following benefits: Universal Credit, Child Tax Credit or Working Tax Credit with a disability element, Income Support, income-based Jobseeker’s Allowance, income-related Employment Support Allowance (not contributory benefits) or Support for Mortgage Interest Loan.
Living in England, Wales for Northern Ireland
Having a baby within the next 11 weeks or have had a baby in the last 6 months
Applications for an SSMG can be made through a claim form SF 100 which can be downloaded and printed from here.
Alternatively, you can call the Jobcentre Plus claim line on 0800 055 6688 to ask for a claim pack to be sent to you.
The Healthy Start Scheme provides food vouchers and free vitamins to pregnant women and parents in England, Wales and Northern Ireland, who have a low income and who are in receipt of a qualifying benefit. This includes women with no recourse to public funds who have a partner who has recourse to public funds.
If you are undocumented or you have leave with ‘no recourse to public funds’ and your income is less than £408 per month and you have a child under 4 who is British, you may be able to claim Healthy Start vouchers
You can claim by email: https://www.gov.uk/healthy-start
To qualify for the Healthy Start scheme, you (or your partner) must:
Be at least 10 weeks pregnant or have a child under four and live in England, Wales or Northern Ireland, and
Be getting Universal Credit (with an income less than £408 per month), Child Tax Credit, Income Support, income-related Employment Support Allowance, income-based Jobseeker’s Allowance (not contributory benefits) and have a household income below a specified amount
In England and Wales only: families who have no recourse to public funds who have a British child under 4yrs
OR
be at least 10 weeks pregnant and be under the age of 18 (regardless of whether you are getting a qualifying benefit as above)
A voucher is given to each qualifying mother and baby/child (with double vouchers for a child under one).
You can find more information and how to apply at www.healthystart.nhs.uk. You can ask your midwife for a form or telephone the Healthy Start helpline on 0345 607 6823.
Some families who have had a no recourse to public funds condition placed on their leave can apply to the Home Office to have this condition lifted.
This is done through a ‘change of condition’ application which can be found here.
Families applying to have the condition lifted will need to demonstrate that they are having difficulties feeding and housing themselves and their children. If an application is successful, the Home Office will lift the restriction which will allow the family to access public funds for the remainder of their current leave.
The process of applying for the restriction to be lifted is complicated and should only be completed with the help or assistance from a specialist adviser, organisation or solicitor who is qualified to do this work.
Get in touch with us for expert legal advice;
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