Reply To: Algerian Citizen DV Victim


Hi Clive –
The term public funds is restricted to a defined list of benefits and services set out in the Immigration Rules and the Home Office document Public Funds Migrant access to Public Funds, including social housing, homelessness assistance and social care.

Only the benefits and services listed in Section115 of the Immigration and Asylum Act 1999 and at paragraph 6 of the Immigration Rules are classed as Public Funds for immigration purposes.

Housing Benefit is one of those listed. So when she was first in the country on her spoise visa (presumabluy) she was in the UK legally, but didn’t have permission to access public funds ( including Housing Benefit)

The new visa from the home office gives her access to public fund, but looking at the .gov website, it doesnt mention this is able to be backdated – it says “apply asap when your relationship breaks doen, dont wait for your current visa to expire” ( linjk here

So if she has her 3 month Grace period visa, that will have a start/end date on it – thats the day she can use public fnd from – so to my mind, if that was awarded on 16 April, then thats the earliest you can pay HB from .

her getting recourse is a spoecific change to her circumstances/home office status that has a specific date attached to it.

Hope that helps