Terms & Conditions

[Clive_Buckman]

This claimant moved to the UK in October 2022 to join her British husband. She was a victim of domestic violence and moved into a women’s refuge on 05/04/23. She applied for right of access to public funds, which were granted
by the Home Office on 16/04/23. She claimed HB on 28/04/23 on receipt of her residence permit and requested backdate to 05/04/23, explaining that she could not claim straight away as she did not have recourse to public funds or biometric ID before.

We have accepted that the claimant has demonstrated good cause for her delay in claiming. My understanding is that we can therefore award HB from 05/04/23. However my colleagues argue that the claimant had no recourse to public funds prior to 16/04/23 and so we can only award HB from 16/04/23. Please advise whether I or my colleagues are correct. Please advise of the legislation and regs. that confirm this. I should be grateful for any assistance.

[pbirks]

Hi Clive

My understanding is that the period of 3 months access to public funds starts on the day it is awarded by the home office – her visa should say when it is valid to/from –
If she didnt have that until 16 April, then i dont think we can award HB prior to that date..

[Clive_Buckman]

Thank you for your advice. Could you direct me to the legislation and regulations that you have based this advice on please. I was unaware of there being a start date in immigration criteria.

[Sarah030295]

Look at U2/2012. That will give you the information you are looking for.

Sarah

[Clive_Buckman]

Thank you Sarah. This is helpful. However I still cannot see clear evidence of whether my claimant is entitled to HB from 05/04/23, when she first became liable for rent or 16/04/23, the date on her Residence permit. If you or anybody else could show which legislation clarifies this I’d be even more grateful.

[pbirks]

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 https://www.gov.uk/indefinite-leave-to-remain-domestic-violence-abuse)

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

Prisca

[Clive_Buckman]

That makes sense. I’ll go with that. Thank you ever so much.

[Author]

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