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. |