Assessing and supporting adults who have no recourse to public funds (England)
Practice guidance for local authorities
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16 March 2023
Contents
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1.
Introduction
1.1 How to use this guidance
1.1.1 Updates to this guidance
1.2 Who has no recourse to public funds?
1.3.1 Persons ‘subject to immigration control’
1.3.2 EEA nationals
1.3.3. British citizens returning from abroad
2.
Introduction to care and support
2.1 Establishing entitlement to care and support
2.2 Effective service delivery
3.
Referral considerations
3.1 Does the local authority have a duty to assess need?
3.2 Which local authority is responsible for meeting care and support needs?
3.2.1 Establishing ordinary residence
3.2.2 No settled residence
3.2.3 Urgent needs
3.2.4 Out of area accommodation placements
3.2.5 NHS accommodation
3.2.6 Mental health aftercare
3.2.7 Detention and prison release
3.2.8 Returning British citizens
3.2.9 Carers
3.2.10 Continuity of care
3.3 Is emergency accommodation required?
3.4 Is a human rights assessment required?
3.4.1 Schedule 3 of the Nationality, Immigration and Asylum Act 2002
3.4.2 Excluded groups
3.4.3 Affected provisions of the Care Act 2014
3.4.4 Human rights assessments
3.4.5 Checking immigration status
4.
Eligibility for care and support
4.1 Well-being duty
4.2 Needs assessment
4.2.1 Who can be involved in the needs assessment?
4.2.2 Who can carry out a needs assessment?
4.2.3 How long should a needs assessment take?
4.2.4 What will a needs assessment consider?
4.2.5 What are ‘care and support needs’?
4.3 Care and support eligibility criteria
4.4 Power to meet non-eligible needs
4.4.1 Determining whether section 19(1) applies
4.4.2 Expectant mothers
4.4.3 Next steps when section 19(1) is not engaged
4.5 Exception: needs arising solely from destitution
5.
Meeting needs for care and support
5.1 How care and support needs can be met
5.2 Providing accommodation to meet needs
5.2.1 What type of accommodation can be provided?
5.2.2 When can accommodation be provided to meet needs?
5.2.3 Home Office asylum accommodation
5.2.4 National Referral Mechanism support
5.2.5 Right to rent checks
5.3 Providing subsistence to meet needs
5.4 Care provided by friends and family
5.5 Direct payments
5.6 Financial assessments
5.6.1 ‘Light-touch’ assessments
5.6.2 Full financial assessments
6.
Withdrawing support
6.1 Withdrawing accommodation and financial support provided under the Care Act
6.1.1 Transfers to alternative accommodation
6.1.2 Duty to refer to a housing authority
6.1.3 Withdrawing accommodation when a person does not qualify for care and support
7.
Adult safeguarding
7.1 Safeguarding duty
7.2 Victims of domestic abuse and modern slavery
7.3 Meeting accommodation needs
8.
Support for carers
8.1 Duty to provide care and support to a carer
8.2 The carer’s immigration status
8.2.1 Schedule 3 Nationality, Immigration and Asylum Act 2002
8.2.2 Direct payments
8.2.3 Providing unpaid care
9.
Hospital discharge
9.1 Discharge process
9.2 Discharge planning when a patient has no recourse to public funds
9.2.1 Assessing need under the Care Act 2014
9.2.2 Step-down accommodation
10.
Mental health aftercare
10.1 When can aftercare be provided?
10.2 When can accommodation be provided under section 117?
10.3 Ending aftercare services
11.
NHS-funded care
11.1 Continuing healthcare
11.2 Funded nursing care
12.
Local authority powers and duties
12.1 Provision of advice and information
12.2 Families with a child under 18
12.3 Care leavers
12.4 Adults without care needs who are homeless
12.4.1 Section 2B National Health Service Act 2006
12.4.2 Section 138 Local Government Act 1972
12.4.3 Section 1 Localism Act 2011
12.4.4 Availability of alternative support
12.4.5 Good practice when providing accommodation on discretionary grounds
13.
Pathways off support
13.1 Immigration advice
13.1.1 Who can provide immigration advice?
13.1.2 What can a person do if they are not an OISC adviser?
13.1.3 Working with people who lack mental capacity in relation to their immigration matters
13.2 Immigration pathways
13.3 Access to benefits for EEA nationals
13.4 Working with the Home Office
Acknowledgements
Endorsements
Disclaimer and terms of use
Disclaimer
Terms of use
Glossary