Assessing and supporting adults who have no recourse to public funds (England)
Practice guidance for local authorities
View all practice guidance
Provided by:
15 February 2018
Contents
1.
Introduction
1.1 Who has NRPF?
1.2 What are ‘public funds’?
1.3 Good practice points
2.
Pre-assessment screening
2.1 Responsibility for meeting needs
2.2 Checking immigration status
2.3 Exclusions from support
2.4 Meeting urgent needs for care and support
3.
Eligibility for care and support
3.1 Well-being duty
3.2 Duty to assess
3.3 Needs assessment
3.4 Care and support eligibility criteria
4.
Meeting needs for care and support
4.1 Care provided by friends and family
4.2 Direct payments
4.3 Providing accommodation to meet needs
4.4 Providing subsistence to meet needs
4.5 Financial assessments
5.
Discretionary powers to provide housing
5.1 Considerations for using a discretionary power
5.2 Section 19 of the Care Act 2014
5.3 Section 1 of the Localism Act 2011
5.4 Establishing alternative housing options
6.
Hospital cases
6.1 Discharge procedure
6.2 TB treatment
6.3 Section 117 mental health aftercare
7.
Support for carers
8.
Assessments when the exclusion applies
8.1 Human rights assessment
8.2 Determining whether a person can freely return
8.3 Determining a breach of human rights
8.4 Determining a breach of EU treaty rights
8.5 Concluding the human rights assessment
9.
Refusing or withdrawing support
9.1 Complying with the Care Act following a grant of leave to remain
9.2 People excluded from support
10.
EEA nationals and family members
10.1 European Economic Area (EEA) countries
10.2 The right to reside
10.3 Family members
10.4 Benefit eligibility
10.5 Irish nationals
10.6 Returning British citizens
10.7 Difficulties asserting the right to reside
11.
Asylum seekers
11.1 Local authority assessments
11.2 Referring to the Home Office for accommodation
12.
Victims of trafficking and modern slavery
12.1 Safeguarding duty
12.2 National Referral Mechanism support
12.3 Local authority support
13.
Immigration information
13.1 Making an immigration application
13.2 Refusal of leave due to NHS debt
13.3 Leave to remain with NRPF
13.4 Destitution Domestic Violence Concession
14.
Legal aid and accessing legal advice
14.1 Eligibility for legal aid
14.2 Exceptional case funding
14.3 How to find a legal aid adviser
14.5 Law centres and other free advice providers
15.
Eligibility for other services
15.1 Work related welfare benefits
15.2 Housing association tenancy
15.3 Education and student finance
15.4 NHS treatment
15.5 Free and concessionary travel
16.
Endorsements
17.
Acknowledgements
Glossary