The following Frequently Asked Questions reflect the most common scenarios for local authorities working with people who have NRPF. The guidance provided does not constitute legal advice either generally or in relation to specific cases. For more specific guidance or information, please contact the NRPF Network. For advice, please contact a legal advisor.
If the relationship broke down within the visa’s two-year probationary period victims of domestic violence should seek legal assistance to make an application for Indefinite Leave to Remain (ILR) under the Domestic Violence Rule. Relationships that break down after this two-year period may still be eligible to apply depending on individual circumstances. For further information regarding the Domestic Violence Rule, see the Rights of Women website (link on right hand side of this page).
Women with children may be eligible for temporary support from the local authority under Section 17 of the Children Act 1989.
Single women with physical or mental health needs (which may or may not be related to the domestic violence) may be eligible for temporary support from the local authority under Section 21 of the National Assistance Act 1948.
Holders of spousal visas are permitted to work and may be eligible to receive certain contribution-based benefits.
Certain women’s refuges reserve a number of places for women with no recourse to public funds. For a directory of refuges in your area contact the police or your local domestic violence help-line.
For more information about domestic violence and NRPF, please refer to the NRPF Network practice guidance on assessing and supporting victims of domestic violence with NRPF
EEA nationals (and refugees with status in another EEA state) are caught by the restrictions to local authority support under Schedule 3, Section 54, of the Nationality, Immigration and Asylum Act 2002. EEA nationals are therefore not entitled to assistance under Section 21 NAA or Section 17 CA unless exceptional support is found to be necessary to avoid a breach of the person’s/family’s human rights. Local authorities have the power under the Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002 to purchase tickets to countries of origin if this would be an.
EEA nationals are permitted to work in the UK. A8 (Accession 8) migrants however must register their first 12 months of employment under the workers registration scheme (these restrictions may be lifted in May 2009). A2 migrants face additional restrictions and must apply for accession worker cards.
After 12 months employment in the UK, A8 nationals have the same rights as other EEA migrants. Whilst working A8 nationals are eligible for some work related benefits such as housing benefit, council tax benefit and income support.
If a family enters the UK on a visa and remains in the country after the expiry date, the restrictions under Schedule 3 Section 54 Nationality & immigration Act 2002 will come into operation and the family will be barred from services unless the withholding or withdrawing of support would constitute a breach of the family’s human rights. (NB restrictions are not applicable to children).
The local authority must carry out a child in need and a human rights assessment. The assessments must consider the needs of the child in the UK, as a dependant of a parent who is NRPF and unable to support the child financially, and the needs of the child in the parent’s country of origin. If both assessments conclude that the family can return to the parent’s country of origin, thus avoiding the inability to care for themselves in the UK, then no support is necessary other than assistance to the family in returning home. Article 8 Human Rights Act needs to be considered in the assessments in respect of any family connections in the UK.
In such cases the local authority’s assessments must conclude that the child will cease to be a child in need on return (because of the existence of services in that country, employment opportunities or wider family support networks, for example). Temporary services may be required pending the outcome of the assessments and whilst travel arrangements are made; this is necessary to avoid a breach of the family’s human rights due to homelessness in the UK.
Section 21 (1) (aa) of the National Assistance Act 1948 (NAA) empowers local authorities to provide residential accommodation for expectant and nursing mothers who are in need of care and attention which is not otherwise available to them.
It has been established that destitute expectant or nursing mothers are not in 'need of care and attention' by reason of their being pregnant or nursing a child alone, meaning that the duty under Section 21(1)(a) NAA does not arise if alternative support is available from the UKBA.
In the case of a pregnant women on a spousal visa fleeing domestic violence, the situation is different as UKBA support is not available. It would therefore be expected that the local authority would use its powers under Section 21 (1)(aa) to avoid the women becoming homeless whilst the visa is valid and/or she has an application pending for Indefinite Leave to Remain under the Domestic Violence Rule (submitted while the spousal visa was valid).
If the women is a national of a European Economic Area (EEA) country, or unlawfully in the UK, support under Section 21 (1) (aa) will be excluded by Schedule 3 of the Nationality Immigration and Asylum Act 2002. In such cases the local authority must assess whether the withholding or withdrawal of support would be a breach of the pregnant or nursing mother's human rights.
If a failed asylum seeker (that originally applied for asylum at 'port of entry') has a need for 'looking after' that can only be met through the provision of local authority accommodation, they may meet the threshold for support under Section 21 (1)(a) of the National Assistance Act 1948. More detail on how to assess a need for 'looking after' can be found in our guidance on assessing and supporting adults with NRPF (accessed using the link on the left hand toolbar: 'Guidance for Local Authorities').
However, in-country failed asylum seekers on exhausting their appeal rights will be considered to be unlawfully in the UK and caught by the restrictions to support under Schedule 3 of the Nationality Immigration and Asylum Act 2002.
If Schedule 3 applies, the local authority must consider whether the withholding or withdrawing of support would constitute a breach of the person’s human rights; the Human Rights Assessment will be the lead assessment for such purposes and the threshold for services to be provided will be extremely high (please refer to the judgement in N v. SSHD [2005] UKHL 31 for the relevant case law). For more information, please refer to our template human rights assessment using the link on the left hand toolbar.
NRPF clients are not eligible for council housing. However, local authorities have a duty to provide accommodation where someone with NRPF meets the threshold for assistance under Section 21 National Assistance Act 1948, Section 17 Children Act 1989 or where withholding or withdrawing support would be a breach of their human rights. Local authorities should carry out relevant assessments to determine eligibility and need for services. For more information, see our good practice guidance in assessing and supporting children and families with NRPF, and assessing and supporting adults with NRPF (using the link on the left hand toolbar).
Types of temporary accommodation offered by local authorities might include B&Bs, annexes, hostels or private rented accommodation. It is good practice however to consider the needs of the client when allocating accommodation and to inspect properties regularly to ensure that the accommodation provided meets housing standards.
It has been shown that establishing spot purchase contracts with accommodation providers/agents is an excellent way to secure good quality and cost effective accommodation. It also prevents disputes between housing agents and the council in areas such as notice periods for termination of support and payment of utility bills and council tax.
If the person is not eligible for assistance, local authorities should give advice on how the person can find alternative accommodation. This may be provided through Section 4 by the UKBA or by returning to their country of origin with the help of the International Organisation for Migration (IOM). It may also mean staying with friends/family or seeking help from organisations such as the Red Cross or homeless shelters.
Subsistence rates for people with NRPF vary between local authorities. Several local authorities provide subsistence rates at cash equivalent of UKBA Section 4 rates: £35 per person per week. Others might provide this amount in vouchers. Where the cost of utilities is not included in the accommodation, extra money may be added to the weekly subsistence rate. Some authorities provide subsistence at income support rates.
Additionally, some local authorities provide a milk allowance for expectant mothers and small children in line with the UKBA ‘extra rates’ for mothers and children on Section 95 asylum support. In all cases, the local authority must be able to account for how they have arrived at the weekly amount of subsistence and demonstrate that it will meet the basic living needs of the individual supporting.
Some authorities have found that obtaining bank accounts for clients enables clients to have more control over their finances, increases reliability and reduces paperwork for the local authority.
Page Last Updated: 17 August 2009