Families with NRPF who are lawfully present in the UK may be able to access contributions-based benefits if they have been in work or have paid National Insurance contributions.

These include:

• Bereavement benefit
• Contributory-based employment support allowance
• Contributory- based jobseeker’s allowance now known as New Style JSA
• Guardian’s allowance
• Incapacity benefit
• Maternity allowance
• Retirement pension
• Statutory maternity pay
• Statutory sickness pay
• Widows benefit

Disability living allowance

Parents with NRPF may be able to claim disability living allowance for their child if the child is disabled and has recourse to public funds. This is because the child is the claimant, and the parent is only an appointee acting on behalf of the child.

Child Benefit

When the parent of a British child has leave to remain with NRPF then they will normally be restricted from applying for child benefit. However, there are some exceptions to this.

Some parents of British children used to be able to claim child benefit, this was known as the ‘child benefit exception’. However, HMRC guidance changed in October 2019, and they are now closing these claims. We have not seen anyone asked to repay.

Primary and secondary education
Children with NRPF can receive state school education whilst they are of compulsory school age.

Higher education
If you have no recourse to public funds it can be difficult for you to access student finance for higher education. If you have limited leave to remain (with recourse to public funds or with NRPF) and have been lawfully resident for three years, you will
only be charged the lower ‘home’ fee rates and be eligible for student finance to help with course and living costs if you satisfy the relevant eligibility requirements. If you are undocumented, you will be charged overseas fees and will be excluded from
student finance. There is no specific exclusion for people accessing education, but the fees usually present a barrier.

Primary care

Primary care, which includes GPs, NHS walk-in centres and pharmacists, can be accessed by everyone, regardless of their immigration status. However, there may be charges for things like prescriptions and dental treatment. Individuals can also get free prescriptions using the HC1 form.

There is no minimum residence requirement for registering with a GP and no requirement to provide proof of address, identity or immigration status before registering. An inability to provide these documents is not grounds for a GP surgery refusing to register a patient. Groundswell have produced some useful cards for people to take with them to their GP if they are struggling to register.

Doctors of the World may also be able to offer medical advice and support.

Secondary care

Some types of secondary healthcare are exempt from charging and are therefore provided free to everyone. These include:

• Accident and emergency (A&E) services up until the point that the person is accepted as an in-patient. (Outpatient appointments are chargeable)
• Services provided as part of the "NHS 111" telephone advice line
• Family planning services (not including pregnancy termination)
• Diagnosis and treatment of contagious diseases.
• Diagnosis and treatment of sexually transmitted infections
• Treatment of a physical or mental condition caused by torture, female genital mutilation, domestic violence or sexual violence when the patient has not travelled to the UK for the purpose of seeking such treatment
• Palliative care services provided by a registered palliative care charity or a community interest company, for example, a hospice
• Diagnosis and testing of Covid-19 (even if the result is negative)
• Treatment of Covid-19
• Vaccination against Covid-19

Healthcare charges

Some people- those who are not deemed to be ‘ordinarily resident’-will have to pay for other types of secondary healthcare. A full list of those who may have to pay is available in this factsheet from the NRPF network.

Since October 2017, NHS Trusts have been legally obliged to charge for other treatment. Tariffs for these charges are set at 150% of the cost of treatment. Department of Health Guidance allows for payment plans to be set up for patients that have incurred debt. Payment plans are not permitted for non-urgent treatment.

Treatment which is urgent or immediately necessary must be provided without requiring payment upfront, but you will be charged for it at a later point.

For treatment that is non-urgent, full payment must be made upfront, before treatment will be provided.

All maternity treatment, including routine antenatal treatment, will be ‘immediately necessary’ and must be provided regardless of whether payment has been received.

The Home Office will be informed by the NHS if a patient has debts of more than £500 two months after treatment has been invoiced, and the Home Office has the discretion to refuse applications for leave on these grounds. However, in cases of “compelling or compassionate circumstances or human rights considerations” then the Home Office should consider the impact of refusal.

Maternity Action may be able to assist those who have been charged for NHS maternity care.

People with no recourse to public funds can apply for legal aid funding to help with legal costs if this is available for the type of claim they want to make or matter that they need advice about. There is no legal aid for immigration matters, but there is legal aid available for community care work.  Legal aid is available for the following issues:

• Asylum applications
• Detention
• Applying for indefinite leave to remain after relationship breakdown due to domestic violence
• Applying for leave to remain as a victim of trafficking
• ​Proceedings before the Special Immigration Appeals Commission (SIAC)
• Judicial review​

In April 2020, eligibility for free school meals support was extended to some families with ‘no recourse to public funds’ (NRPF) for a temporary period as a result of the Covid-19 crisis. In April 2022, the Government decided to permanently expand this to all families with No Recourse to Public Funds regardless of their immigration status as long as they can show that their income is below the threshold.

Who is eligible?

Children will now be able to access free school meals support if their families have no recourse to public funds and their families earn less than the minimum income threshold:

• £22,700 for families outside of London with 1 child
• £26,300 for families outside of London with 2 or more children
• £31,200 for families within London with 1 child
• £34,800 for families within London with 2 or more children

In practice, the income threshold will only affect your family if you and/or your partner are working.

Families who are now eligible for free school meals includes, but is not limited to;

• Children whose families have no immigration status.
• Families with an outstanding immigration application.
• Children from families who have been granted leave to remain with NRPF on the basis of family or private life grounds.
• Children whose families have NRPF and receive support from a local authority under section 17 of the Children Act 1989 (for example, from social services or the NRPF team).
• Children whose families are in receipt of Section 4 of the Immigration and Asylum Act 1999. This group in particular will automatically qualify and will not need to have their income assessed.

How do you apply for free school meals if you are now eligible?

If you have no recourse to public funds and children in school you should contact your child’s school or local authority to apply. You will need to provide evidence to prove that you are eligible and you may be asked to sign a form to confirm your circumstances. We have a template letter. If for any reason it will be difficult for you to provide evidence of your situation, explain this to your child’s school. They should be flexible about what evidence you can provide.

What evidence should I provide?

• If you have immigration status with a no recourse to public funds condition attached to it you can show the school/local authority your Home Office documentation or Biometric Residence Permit.
• If you are receiving support from a local authority under section 17 of the Children Act 1989 you can provide a document from the local authority confirming this. This could either be a copy of the assessment that the local authority has carried out or a letter from the local authority that confirms you are receiving support.
• If you receive Section 4 support, you can show a letter from the Home Office or local authority confirming that you are receiving Section 4 support and/or an ASPEN card. (Your family will automatically qualify so you do not need to have your income assessed.)
• If you have an outstanding immigration application or appeal you can show proof of this.

Unless you are receiving asylum support under Section 4 you will also need to confirm that your family does not earn more than the income threshold per year after tax.

To show this, you could provide a:

• payslip
• P60
• bank statement
• letter from your bank
• letter from your employer

Where can I direct schools for more information?

The government’s guidance on the permanent extension of free school meals can be accessed here.

Is my child now also eligible for Pupil Premium?

The pupil premium is a sum of money given to a school by the Government which they can use in a number of ways to improve the educational attainment of pupils who are disadvantaged. Primary schools receive £1,480 a year for each eligible pupil and secondary schools receive £1,050 a year. Schools can claim pupil premium for all children who are in receipt of Free School Meals.

As children in families with NRPF are now eligible for Free School Meals, the school will also be able to apply for Pupil Premium for these children.

More information on Pupil Premium can be found here.

What is the Healthy Start Scheme?

Healthy Start is a scheme that allows families who have a child under four years old and who are on a low income to buy fruit, vegetables, cow’s milk, formula milk (stage one) and pulses. Families can also get Healthy Start vitamins. Eligible families will receive £8.50 a week for those with a child under one and £4.25 a week for those with a child between one and four.

Which families with NRPF are now eligible?

In May 2021, after a legal challenge, the government agreed that those who are subject to No Recourse to Public Funds (both those with leave to remain with a NRPF condition and those who do not yet have immigration status) are also entitled if they have a British child under four and are on a low income.

How do I apply as a parent of a British child who has No Recourse to Public Funds?

Here is the application form you need to complete and send by email to [email protected]. You will also need to send evidence of:

• The parent and the child’s identity, address and date of birth (e.g. birth certificate, any photo ID)
• The family’s financial situation (e.g. proof of Section 17 support if supported by social services, bank statements, payslip if working)
• Proof that the child is British (e.g. passport)

If you are not able to provide all of the evidence, for example, you may still be waiting for your child’s British passport, then do try to still apply by email and provide all the information you can, explaining why the documents are missing.

Please also take time to read this privacy notice (here), which explains how your data is collected and stored by the Department of Health and Social Care under the Healthy Start Scheme.

In England, there are government funded schemes in place for nursery/childcare. They are not classed as ‘public funds’ for immigration purposes. However, some schemes have eligibility requirements related to a parent’s immigration status. This means you may not be able to access all types of childcare available. 

Schemes available to families regardless of their immigration status: 

• 15 hours per week for disadvantaged 2 year olds 
• 15 hours per week for all 3 and 4 year olds regardless of income 

Schemes available only for working parents that have immigration requirements and generally are not available to families with NRPF: 

• 30 hours per week for children aged 9 months to 4 years old 
• Tax-free childcare for children aged 11 and under (or disabled children aged 16 and under) 

1) Free childcare for disadvantaged 2 year olds

2 year olds in England may qualify for 15 hours’ free childcare per week if they are in a household which receives one or more qualifying benefits, such as Income Support. A full list of qualifying criteria can be found here. 

Families with or without recourse may also qualify if the child has additional needs, such as if they have an education, health and care (EHC) plan. 

To apply, you can contact the early years team or Family Information Service at your local council.

2) Free childcare for disadvantaged 2 year olds from families with NRPF

Asylum support

A 2 year old child will be entitled to 15 hours free childcare when their family is receiving Home Office asylum support. This includes section 95, section 98, and section 4 asylum support. To apply, you can contact the early years team or Family Information Service at your local council.

Low income families with NRPF

This scheme can be accessed by all families with no recourse to public funds, subject to meeting an income threshold. The annual household income thresholds for those families able to work are:

• £26,500 for families outside of London with 1 child
• £30,600 for families outside of London with 2 or more children
• £34,500 for families within London with 1 child
• £38,600 for families within London with 2 or more children

This is subject to on-going litigation. For more information, please check the government guidance.

To apply, you can contact the early years team or Family Information Service at your local council.

3) Free childcare for 3-4 year olds (universal provision)

All children of this age are entitled to 15 hours’ free childcare per week. You can read more here. 

4) Free childcare for working parents 

Parents of children aged 9 months - 4 years old who are working may be eligible for 30 hours free childcare. There are eligibility requirements based on employment and income, and immigration.

Employment and income requirements:

• The parent (and their partner) must be working* 
• They must be earning the equivalent of the National Minimum Wage or Living Wage

Immigration requirements:

• The parent who makes the application must be British or Irish, have pre-settled or settled status, have a pending EUSS application, or immigration permission that allows recourse to public funds.

A parent with NRPF cannot make the application themselves, but can be included in an application made by their partner if they meet the immigration requirements. 

Follow the government’s step-by-step guide on how to access this scheme. 

5) Tax-free childcare

Families who are working and have a child aged 11 or under (or a disabled child aged 16 or under) can claim tax-free childcare. Families will receive up to £500 every 3 months (up to £2,000 a year) for each child. If a child is disabled, families will receive up to £1,000 every 3 months (up to £4,000 a year).

The employment/income and immigration eligibility requirements still apply. 

Employment and income requirements:

• The parent (and their partner) must be working* 
• They must be earning the equivalent of the National Minimum Wage or Living Wage

Immigration requirements:

• The parent who makes the application must be British or Irish, have pre-settled or settled status, have a pending EUSS application, or immigration permission that allows recourse to public funds.

A parent with NRPF cannot make the application themselves, but can be included in an application made by their partner if they meet the immigration requirements. 

You can get tax-free childcare at the same time as 30 hours of free childcare through Free Childcare for Working Parents if you’re eligible for both.

You can apply for tax-free childcare here.

*If you are separated/divorced from your child’s parent, the eligibility rules will only apply to the parent that the child normally lives with (and their new partner if they are part of the same household).

What is child maintenance?

Child maintenance is an arrangement between you and the other parent of your child. It covers how your child’s living costs will be paid for when one of the parents no longer lives with them. Both parents are responsible for the costs of raising their children.

Child maintenance can be either:

• a private arrangement between you and the other parent, or
• made through the Child Maintenance Service (CMS) - a government scheme

Child Maintenance Service (CMS)

The Child Maintenance Service can:

• work out an amount to pay
• arrange payments and take action if a parent does not pay
• sort out disagreements about parentage
• try to find the other parent if you do not know where they are

You can use the Child Maintenance Service to arrange child maintenance if you do not want your child’s other parent to know your location or personal information - for example, if you’ve experienced domestic abuse. You can find more information here.

Making an arrangement through CMS with a National Insurance number

1. Contact Child Maintenance Options for help and support on 0800 083 4375. Lines are open: 8am to 8pm Monday to Friday, 9am to 4pm Saturday.
2. Ask if they’re able to call you back with an interpreter if needed. They may not be able to.
3. Explain why you cannot come to a voluntary arrangement and ask for help applying.

Making an arrangement through CMS without a National insurance number (including if you do not leave to remain in the UK)

4. Follow steps 1-3 above.
5. Ask for a Unique Reference Indicator (URI number).
6. Ask to be put through to the Applications Team.
7. Inform the Applications Team that you do not have a National Insurance number/ leave to remain in the UK, but that you are habitually resident in the UK, which means that you live in the UK.
8. Explain that the Applications Team will need to raise an ‘incident’ and the application will need to be processed by the Clerical Team.
9. Request a Child Maintenance Service (CMS) reference number.
10. Ask any questions you might have, such as how long they think it will take to process the application, when you should next expect to hear from them, what the next steps will be and how you should contact them in the future.

Taken from: https://www.childrenslegalcentre.com/resources/child-maintenance/

You can read our guidance on getting Care Act support for people who are pregnant and have no other dependent children living with them. You can then use the template letter that best reflects your client’s situation.

You can read our guidance specifically for families with NRPF who are already getting support from their local authority under Section 17 of the Children Act. You can then use a template referral letter depending on whether your client is undocumented or has leave to remain with an NRPF condition.