No Recourse to Public Funds (NRPF)

Assistance provided by social services, including adult Care and Support is not a public fund so access to it is not restricted by a person's NRPF status alone. The same duties under the Care Act apply. For example:

1. The duty to promote individual wellbeing;
2. The duty to provide good information and advice;
3. The duty to prevent, reduce and delay the need for Care and Support;
4. The duty to assess on the appearance of need; and
5. The duty to make enquiries following a safeguarding concern.

This means that an assessment of need cannot be refused on the basis that a person is either NRPF, subject to immigration control or an EEA national from another state.

If, following an assessment of need a person is found to have eligible needs for Care and Support the Local Authority duty to meet those needs (including the duty to develop a Care and Support Plan and the duty to review) applies unless:

1. The person is unlawfully present (for example a visa over-stayer, an illegal entrant or a person who has been refused asylum);
2. The person is an EEA national from another EEA state;
3. The person has been granted refugee status by another EEA state already;
4. The person is a refused asylum seeker who has failed to comply with removal directions;
5. The person is part of a refused asylum seeking family who has refused to take steps to leave the country.

The above categories are set out in schedule 3 of the Nationality, Immigration and Asylum Act 2002. Sometimes people are referred to by the category they belong to in schedule 3 rather than the full definition. For example a person who is 'schedule 3 category 1' is 'a person who is unlawfully present'.

If any of the above categories apply an additional Human Rights assessment is required to determine whether:

1. The person should be returned to their country of origin to receive the adult Care and Support services they need; or
2. Adult Care and Support services should be provided in the UK whilst measures are being taken to remove any barriers and support a return back to the country of origin.

If any barriers to the person returning to their country of origin prove insurmountable the duty to meet Care and Support needs in the UK applies. Examples of this could be where the country of origin refuses to provide travel documents to allow the person to return there, or where there is a well-founded fear of persecution.

Information about all of the following can be found in this procedure:

1. Assessing needs;
2. Meeting needs; and
3. Human Rights assessment.

For the purposes of adult Care and Support it is important to identify people who have NRPF so that the right response is given for their circumstances. At an early stage this is likely to relate to the general and specific advice that should be given to them around:

1. Housing;
2. Welfare benefit entitlement; and
3. Access to adult Care and Support services following any assessment process.

People with NRPF may also require specialist advice in relation to their immigration status.

People with NRPF have the same rights to good information and advice as everyone else, so it is important that their status as a person with NRPF is established at an early stage to ensure that the information and advice duty under the Care Act is met.

Most people who access adult Care and Support will be able to access public funds. Therefore it is not recommended to carry out routine checks of everybody's NRPF status. Checks should only be made when there are concerns or where information known about the person or their situation warrants a check to be made.

Examples of people whose NRPF status you may need to verify include:

1. People whose primary need appears to be for housing;
2. People working in the sex industry (for example prostitution);
3. People living in large groups in rented accommodation;
4. Victims or potential victims of human trafficking;
5. Victims or potential victims of modern slavery;
6. Victims of Domestic Abuse where there are concerns about immigration status;
7. People who tell you they entered the country to seek asylum (even if this was many years ago);
8. People who tell you they are an illegal entrant
9. People who are reported to be an illegal entrant or subject to immigration control; and
10. People who are from other EEA states.

It is important that a person's declared immigration status is verified officially. Normally this is via a biometric resident permit, on the reverse of which their immigration status and any NRPF conditions will be clearly recorded. Photocopies of both sides of the permit should be taken and kept as evidence that immigration status has been verified. Other types of evidence that can be accepted if presented are:

1. An Immigration status document;
2. A Visa/ residence permit in passport;
3. A Stamp in passport;
4. An Asylum registration card (ARC);
5. A Home Office issued convention travel document or certificate of travel;
6. An EEA registration certificate/ family permit/ residence card/ permanent residence card/ worker registration document; or
7. A Home Office letter specifying what type of immigration permission has been granted.

If the person is unable to produce appropriate documentation, or the documentation they produce raises concern you should verify their status with the Home Office. There are 2 ways to do this:

1. Contacting the Home Office's Intervention and Sanctions Directorate (ISD) by e-mail at EvidenceandEnquiry@homeoffice.gov.uk. A form will need to be completed detailing why the information is required; or
2. If the Local Authority subscribes to the NRPF Network's Connect service they can access the Home Office database. If you are unclear about your access to NRPF Connect you should clarify this with a manager.

Information about the NRPF Connect service can be found on the NRPF Network's website

People with NRPF who are requesting information and advice around housing and welfare benefits will need to be signposted appropriately. In most cases the local authority housing department will be able to provide advice around housing, and the Citizen's Advice Bureau will be able to support with benefits.

The area of immigration law is extremely complex. As such, immigration advice can only be given by a person who is registered and regulated to provide it. This means that under no circumstances should you provide this advice yourself. Instead you must make sure that you signpost the person to an advisor who is regulated by either:

1. The Law Society; or
2. The Office of the Immigration Services Commissioner (OISC)

Both regulators have a website that you can access for information about regulated advisors in the area.

• The Law Society website;
• The Office of the Immigration Services Commissioner website.

In addition to the above there is a national organisation able to provide information and advice about a range of matters affecting asylum seekers (and people who have been refused asylum). See Migrant Help or contact them by calling 0808 8000 630.

Under the Care Act it is important that people are given information and advice about adult Care and Support processes at an early stage so that they:

1. Understand which processes they will likely be involved in;
2. Understand what the different processes involve; and
3. Can prepare themselves in terms of thinking about their wellbeing and the outcomes that are important to them.

After assessment, the processes for a person with NRPF may be different to those people who have recourse to public funds, depending on their immigration status. It is important that people receive the right information so that they understand what is likely to happen after any assessment of need takes place and do not feel misled.

The information provided will depend on the person's individual situation. You should refer to Section 5, Access to Adult Care and Support if you are unsure what the implications are for different people's situations and what advice you should give about the Care and Support processes after assessment.

Where the referral is for a needs assessment this should be processed in the normal way so long as the 'appearance of need' criteria is met. However, you should also confirm that the person is present in the Local Authority area because it can be common for people with NRPF to contact a different authority to the one in which they are residing without being aware that they have done so. If the person is not present in the area you should discuss whether they are able to contact the Local Authority in which they are present, although there is no obligation for them to do so as ordinary residence rules do not apply under the Care Act until after assessment.

Where the referral is for urgent support to be provided the Local Authority powers to provide urgent support without an assessment apply. However, arrangements should be made to carry out the assessment as soon as possible to ensure that the Local Authority does not continue to meet needs that are the responsibility of the person's country of origin or another agency (such as the National Asylum Support Service) any longer than it is reasonable for them to do so.

First and foremost, the needs of a person with NRPF should be assessed in the same way as anybody else, regardless of their immigration status. As such the procedures for Establishing Needs should be followed up to the point that the National Eligibility Criteria is to be applied.

Due to the specific circumstances that are likely to be affecting a person with NRPF there are additional considerations to be made to ensure that Care Act duties are fulfilled and the person's involvement in any assessment is maximised:

1. There may be an increased need for interpreter services;
2. There may be an increased need for advocacy services, and the advocate that supports a person with NRPF under the Care Act will need to be suitably skilled to do so;
3. The practitioner carrying out any assessment may need to possess specific skills and knowledge around specific circumstances, such as Domestic Violence, Modern Slavery or Human Trafficking;
4. The practitioner carrying out the assessment may need an enhanced knowledge of Human Rights Law and be competent to carry out a Human Rights Assessment;
5. There may be an increased need for joint working and co-operation under the Care Act to ensure a holistic assessment of need.

The National Eligibility Criteria should be applied in the same way for people who have NRPF as it is for other people. As such the procedures for the general application of the national eligibility criteria should be followed.  However, there are some additional criteria that must be met in order for the duty to meet eligible needs to apply.

1. Do the eligible needs arise from destitution?
   
   This is a question that you should answer of any person with eligible Care and Support needs because the duty to meet eligible needs under the Care Act only applies when those needs arise from, or are the result of a physical or mental impairment or illness. However, the number of people with Care and Support needs living in destitution in the NRPF population is far higher than the general population, and therefore it is likely that the question will need to be considered more often.

A key question to ask

2. Is the person one of the groups excluded from adult Care and Support services by schedule 3 of the Nationality, Immigration and Asylum Act 2002?
   
   Schedule 3 of the Nationality, Immigration and Asylum Act 2002 is the one part of immigration law that applies directly to the Care Act. It sets out specific categories of people who are not automatically entitled to adult Care and Support services regardless of whether they have an eligible need. The categories are:
   
   
   1. The person is unlawfully present (for example a visa over-stayer, an illegal entrant or a person who has been refused asylum);
   2. The person is an EEA national from another EEA state;
   3. The person has been granted refugee status by another EEA state already;
   4. The person is a refused asylum seeker who has failed to comply with removal directions;
   5. The person is part of a refused asylum seeking family who has refused to take steps to leave the country.

If the person comes under any one of the 5 categories in schedule 3 their entitlement to adult Care and Support services is dependent on the outcome of a Human Rights Assessment.

Use the flowchart below to support you to reach a decision about eligibility and next steps.

If, following application of the national eligibility and other criteria there is no duty to meet needs and there is no intention to meet ineligible needs under a power you must consider, as part of the information and advice provided whether the person is able to access support from the Home Office under the Immigration and Asylum Act 1999. Asylum support is only available to those who have claimed asylum.

More information about how to make an application for asylum support can be accessed at the Migrant Help UK website.

The Local Authority can refer an asylum seeker or refused asylum seeker to the Home Office for support. Support for accommodation and/or subsistence is provided by the National Asylum Support Service (NASS).

A Human Rights assessment is required whenever a person has eligible needs under the Care Act but they belong to one of the 5 categories in Schedule 3 of the Nationality, Immigration and Asylum Act 2002.

The purpose of a Human Rights assessment is not to determine whether the person is eligible for Care and Support services under the Care Act. All of the people in the Schedule 3 categories have a valid legal residency status in another country. It is therefore the responsibility of that country to provide for their Care and Support needs unless it is not practically or legally possible for the person to return to that country or doing so would breach their human rights.

The purpose of a Human Rights assessment is to find out whether barriers exist in relation to practicalities, legalities or human rights and identify measures that can be taken to overcome said barriers. Only when barriers are proven insurmountable should the UK provide the person with Care and Support services.

Remember, when carrying out a Human Rights assessment you are not making a decision about immigration. You are not qualified to do so and this is not your role or the purpose of the assessment. You should:

1. Use the reports and views of the Home Office as a starting point;
2. Work in ways that reflect the views of the Home Office and any decision made by them;
3. Refer any new information to the Home Office for consideration.

There is no statutory format for carrying out a Human Rights assessment. If your organisation does not have a template the No Recourse to Public Funds Network can assist.

Step One: Practical and Legal Barriers

The first step in a Human Rights assessment is to establish whether there are any practical or legal barriers to the person returning to their country of origin. For example:

1. The person may not have access to relevant travel documents;
2. The person may be waiting to hear the outcome of an asylum claim they have made;
3. The person may be waiting to hear the outcome of an appeal they have made to a previously refused asylum claim;
4. The person may be awaiting trial for an offence in the UK;
5. The person is medically unfit to travel under any circumstances.

If there are legal or practical barriers present you should consider the action that you can take to overcome them. This will usually involve liaising with the Home Office to let them know of the person's needs for Care and Support so that this can be taken into account in respect of their asylum claim. Often the Home Office can step in to provide practical support to obtain travel documents or to liaise with the country of origin about the person's situation to facilitate a return home to the right support they need.

In all cases you should discuss the best course of action with a manager and it may be appropriate to take your own legal advice before proceeding.

During the time that it takes to remove any practical or legal barriers to the person returning home you should make arrangements to provide Care and Support services to meet any eligible needs. A failure to do so would in itself be a breach of the person's article 3 human right to humane treatment (see step 2 below).

If the practical or legal barriers are insurmountable then Care and Support must be provided and it would be unlawful to withhold it. If step 1 of the Human Rights assessment identifies this to be the case then steps 2 and 3 are not required.

Step 2: Would returning to the country of origin be a breach of the person's human rights?

If the Human Rights assessment has determined that there are no practical or legal barriers to the person returning to their country of origin (or if the legal or practical barriers have been successfully removed) the next step is to consider the possible human rights implications of the person returning.

The European Convention of Human Rights sets out the basic rights that every person should expect to be upheld. The rights were enshrined into UK law in 1998 via the Human Rights Act. Each right is often referred to as an article. This is the number given to it in the list of rights. The first article is for the state to uphold human rights.

1. The right to life;
2. The right not to be tortured or suffer inhuman or degrading treatment;
3. The right not to be enslaved;
4. The right not to be unlawfully detained;
5. The right to a fair trial;
6. No punishment without law;
7. The right to family and private life;
8. The right to freedom of thought, conscience and religion;
9. The right to free expression;
10. The right to marry;
11. The right to an effective remedy if your rights are breached;
12. The right not to be discriminated against.

Some human rights are known as 'absolute rights', which means that they must always be upheld. Other rights are known as 'qualified rights' which means that they can be breached if breaching them is proportionate and necessary to uphold another legal responsibility or an 'absolute right'.

Articles 2, 3, 4 and 6 are all absolute rights.

Articles 8, 9, 10 and 11 are all qualified rights.

When carrying out a Human Rights assessment for the purposes of adult Care and Support you must be sure that if the person returns home their absolute rights will not be breached.

Examples when a right would likely be breached

1. A person has a fear of persecution because of their sexuality. The country of their origin is well known for torturing and imprisoning people on the grounds of their sexuality and the Home Office advises that the risk of persecution is high.
2. A person is gravely unwell and would be unlikely to survive a journey back to their country of origin.

Examples when a right would not likely be breached

1. A person has been refused asylum but left her country of origin due to domestic abuse. The country of origin offers good support to victims of domestic abuse and support can be arranged there to ensure that she is safe and the risk of further abuse is minimised.
2. A person is seriously unwell and requires daily medical treatment. Their country of origin is able to provide adequate treatment, although the quality of care may not be the same standard as that in the UK.

Step 3: Would a return be a breach of an EEA national's rights?

This step only applies to EEA nationals. It requires the person carrying out the Human Rights assessment to consider whether a return to the country of origin would be a breach of an EU Treaty Right.

Basically an EEA national from another country has an EU Treaty right to:

1. Work in the UK;
2. Actively look for work in the UK;
3. Be in self-employment in the UK;
4. Live self-sufficiently in the UK; or
5. Study in the UK.

As long as the person can provide proof that they are doing one of those 5 things then they have the right to access adult Care and Support services. Proof is usually subject to an eligibility test such as the 'Right to Reside' test or the 'Habitual Residence' test.

This is a 'here and now' decision, so if the person was working but is no longer able to work because of their Care and Support needs then they will not eligible for adult Care and Support services unless they are self-sufficient.

The outcome of the Human Rights assessment must clearly state:

1. Whether there are any practical or legal barriers that prevent the person from returning to their country of origin;
2. Whether any action has been agreed to overcome the practical and legal barriers identified (and how the situation will be monitored);
3. If Step 2 has been completed, whether a return to the country of origin would be a breach of the person's human rights and the evidence upon which this decision has been based;
4. If Step 3 has been completed, whether a return to the country of origin would be a breach of the person's EU Treaty right and the evidence upon which this decision has been based;
5. What the next steps/actions will be in terms of supporting the person to either return to their country of origin, make a claim for asylum, appeal a claim for asylum in the UK or provide adult Care and Support services;
6. What the plans are to review and monitor the situation and support the person to be able to return to their country of origin.

If a person with NRPF has been found eligible for adult Care and Support following a needs assessment the Care and Support should be agreed, arranged and reviewed in the normal way under the Care Act. This will involve:

1. Establishing Ordinary Residence (normal rules apply)
2. Allocating an indicative personal budget;
3. Care and Support Planning;
4. Agreeing a final personal budget;
5. Arranging any support and services that the Local Authority will arrange; and
6. Arranging to review the Care and Support Plan.

People with NRPF can choose to manage their personal budget in the same variety of ways as any other person including through a Direct Payment if the Local Authority deems this to be appropriate.

If needs are to be met following a Human Rights assessment the Care and Support should be agreed, arranged and provided in the normal way. However the review and monitoring function should reflect the need to not only monitor the effectiveness of the Care and Support but also to review progress in any action plan to support the person to return to their country of origin (or claim Asylum in the UK).

Because people with NRPF cannot access social housing you will need to assess whether their accommodation is impacting on their ability to receive the Care and Support that is to be provided.

If the accommodation that a person with NRPF has is not appropriate to support the meeting of their eligible Care and Support needs then you must make arrangements for appropriate accommodation. Failing to do so would prevent the person's needs from being met which is a breach of the Care Act.

For example, if a person with needs for Care and Support several times a day is staying overnight in a homeless hostel and has nowhere else to stay during the day this is not appropriate. Legally, you must provide suitable accommodation in this case. Examples of accommodation could be supported accommodation (depending on the nature of the need), Bed and Breakfast accommodation or enter into a tenancy agreement with a landlord.

It is your responsibility to familiarise yourself with available local policy and guidance about the provision of accommodation to people with NRPF.

Because people with NRPF will not be able to access the same welfare benefits you will need to consider whether any subsistence payments are required in order to ensure that Care and Support needs are met, or you may need to support them to access charitable support and other financial support outside of the public purse. The local Citizen's Advice Bureau will be able to provide information and advice about this.

For example, if a person with Care and Support needs has children living in another area but cannot afford to visit them you may wish to provide proportionate transport costs to facilitate this.

It is your responsibility to familiarise yourself with available local policy and guidance about the provision of subsistence payments to people with NRPF.

People with NRPF can be financially assessed to make a contribution to the cost of their Care and Support services in the same way as anyone else.

In general the same procedures for people with Care and Support needs who have NRPF apply for carers with Support needs who have NRPF:

1. Urgent needs for Support can be met without an assessment using powers under the Care Act to do so;
2. Carers with NRPF have the right to an assessment under the Care Act;
3. Duties to promote wellbeing, prevent Support needs and provide good information apply;
4. The same eligibility criteria applied for people with Care and Support needs applies for carers with Support needs;
5. A Human Rights assessment is required when a carer has eligible needs but belongs to a group excluded from Care and Support services under Schedule 3 of the Nationality, Immigration and Asylum Act.

The only differences are:

1. The duty to assess carers applies when there is an appearance of need now or likely to be an appearance of need in the future (for people with Care and Support needs the appearance of need has to be present at the time of the assessment);
2. If a carer is not eligible for Support following appropriate assessments the Local Authority must consider the implications of this for the person with Care and Support needs. The Local Authority has a duty to meet the eligible needs of the person if the carer is no longer able to do so.

Sometimes both the carer and the person with Care and Support needs will have NRPF. In this situation assessments must be carried out as outlined in these procedures for both parties.

Under the Care Act the needs assessment and carers assessment can be combined if the person and carer agree this to be appropriate.

Under the Care Act a carer's eligibility to assessment and Support is not determined by the needs or eligibility of the person they care for. As such, a carer who has access to public funds that is providing care to a person with NRPF should receive an assessment and Support to meet their eligible needs in the exact same way as a carer who is providing care to a person who has access to public funds. However:

1. To meet the carers needs you must not provide a service to the cared for person unless the relevant assessments have been carried out to determine that the person with Care and Support needs is eligible to receive a Care and Support service in the UK; and
2. If you have cause to suspect that the cared for person may be an illegal entrant, a potential victim of modern slavery or a potential victim of human trafficking you must notify the Home Office.

GP services are free and accessible to all, even if the patient does not live in the GP's locality.

GP's can register anyone at their practice on either a permanent or temporary basis and in order to register as a patient at a GP practice a person does not have to present evidence of their address, passport or NHS number.

GP's are not permitted by law to exclude people with NRPF or who are subject to immigration control from registering at their practice unless they are excluding all potential registrants (for example if their lists are closed due to capacity).

Where a person has been refused registration with a GP a letter should be provided to them by the GP stating the reasons for refusal. If the person feels that they have been unfairly excluded they are able to appeal under discrimination law.

NHS walk-in centres are free and accessible to all, regardless of where a person lives and whether they have NRPF.

A & E services are accessible to all and life-saving and immediately necessary treatment is free.

The NHS will provide a service to meet any healthcare need. However they have guidelines about what health services they will charge for and who will be charged. As a general rule anything that is life-saving or immediately necessary will be free. The treatment of contagious diseases is also free of charge.  However, all other services, including urgent and planned treatments will be chargeable.

People subject to charging are:

1. People with visit visas;
2. Visa over-stayers and illegal entrants; and
3. Refused asylum seekers who are not in receipt of asylum support from the Home Office or Care and Support under the Care Act.

If a person receives a chargeable health service any debt they owe to the NHS is taken into consideration by the Home Office when it makes decisions about any claim for asylum that the person may have submitted.

Currently if a person is assessed as eligible for NHS Continuing Healthcare this must be provided free of charge, regardless of their NRPF or immigration status. However, current guidance is under review.