The table in this appendix is intended to be used as an indication of what a person’s entitlement may be for benefits or Home Office asylum support. It also sets out how a local authority would need to determine eligibility for social services’ support (accommodation and financial support), including when a human rights assessment will be required.

For more details about the qualifying criteria for Home Office asylum support, see the NRPF Network website.

A.1 Table: benefit entitlement and establishing eligibility for social services’ support

Immigration status Eligible for means-tested benefits and homelessness assistance? Eligible for Home Office asylum support? How to establish eligibility for social services’ support? Is a human rights assessment required?
Leave to remain with NRPF Ineligible No Child in need/ needs assessment No
Visa overstayer (no asylum claim) Ineligible No Child in need/ needs assessment Yes
Asylum seeker (pending claim or appeal) Ineligible Yes Child in need/ needs assessment No
Appeal Rights Exhausted asylum seeker (in-country claimant) Ineligible Yes Child in need/ needs assessment Yes
Appeal Rights Exhausted asylum seeker (port claimant) Ineligible Yes Child in need/ needs assessment No
Pre-settled status Must meet right to reside requirements No Child in need/ needs assessment No
Pending EU Settlement Scheme application Must meet right to reside requirements No Child in need/ needs assessment No – see chapter 6 of this guidance.
No lawful status but entitled to apply late to the EU Settlement Scheme Ineligible No Child in need/ needs assessment No – see chapter 6 of this guidance.