Detailed Public Funds guidance

Hi- I posted this in the benefits section but maybe it’s more relevant here -


I am new to the world of UK immigration and just wanted some advice before we make a very expensive application for my Algerian fiancé to come and live with me in the UK.
I am receiving PIP so we are eligible on the financial side but I wanted to ask about Carers Allowance .
I have checked on the gov.uk website and Algeria is an exception to countries that restrict NRPF . It seems that Carers Allowance can be claimed by Algerian nationals before ILR is granted . If this is not the case then i wouldn’t be able to afford to bring him here so I dont want to start the complicated process and not be able to afford to see it through .

Many thanks
Minnie

See also NRPF Network.

For reference:

Guidance

For immigration purposes, benefits and services classed as public funds are set out in s115 of the Immigration and Asylum Act 1999 and at paragraph 6 of the Immigration Rules.

s115 Exclusion from benefits.

• (1) No person is entitled [F1to universal credit under Part 1 of the Welfare Reform Act 2012 or] to income-based jobseeker’s allowance under the M1Jobseekers Act 1995 [F2or to state pension credit under the State Pension Credit Act 2002] [F3or to income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance)] [F4or to personal independence payment] or to—
  • (a) attendance allowance,
  • (b) severe disablement allowance,
  • (c) [F5carer’s allowance],
  • (d) disability living allowance,
  • [F6(e) income support,]
  • F7(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • F7(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (h) a social fund payment,
  • [F8(ha) health in pregnancy grant,]
  • (i) child benefit,
  • [F9(j) housing benefit, or]
  • [F9(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
    under the M2Social Security Contributions and Benefits Act 1992 while he is a person to whom this section applies.
• (2) No person in Northern Ireland is entitled to [F10state pension credit under the State Pension Credit Act (Northern Ireland) 2002, [F11 to income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance)] [F12, to universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015] [F13, to personal independence payment under Part 5 of that Order] or to]—
  • (a) income-based jobseeker’s allowance under the M3Jobseekers (Northern Ireland) Order 1995, or
  • (b) [F14disability living allowance or] any of the benefits mentioned in paragraphs (a) to (j) of subsection (1),
    M4under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 while he is a person to whom this section applies.
• (3) This section applies to a person subject to immigration control unless he falls within such category or description, or satisfies such conditions, as may be prescribed.
• (4) Regulations under subsection (3) may provide for a person to be treated for prescribed purposes only as not being a person to whom this section applies.
• (5) In relation to [F15health in pregnancy grant or] [F16child benefit], “prescribed” means prescribed by regulations made by the Treasury.
• (6) In relation to the matters mentioned in subsection (2) (except so far as it relates to [F17health in pregnancy grant or] [F16child benefit]), “prescribed” means prescribed by regulations made by the Department.
• (7) Section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992 (supplemental powers in relation to regulations) applies to regulations made by the Secretary of State or the Treasury under subsection (3) as it applies to regulations made under that Act.
• (8) Sections 133(2), 171(2) and 172(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 apply to regulations made by the Department under subsection (3) as they apply to regulations made by the Department under that Act.
• (9) “A person subject to immigration control” means a person F18... who—
  • (a) requires leave to enter or remain in the United Kingdom but does not have it;
  • (b) has leave to enter or remain in the United Kingdom which is subject to a condition that he does not have recourse to public funds;
  • (c) has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking; or
  • (d) has leave to enter or remain in the United Kingdom only as a result of paragraph 17 of Schedule 4.
• (10) “Maintenance undertaking”, in relation to any person, means a written undertaking given by another person in pursuance of the immigration rules to be responsible for that person’s maintenance and accommodation.

Paragraph 6 of the Immigration Rules.

“Public funds” means:

• (a) housing under Part VI or VII of the Housing Act 1996 and under Part II of the Housing Act 1985, Part I or II of the Housing (Scotland) Act 1987, Part II of the Housing (Northern Ireland) Order 1981 or Part II of the Housing (Northern Ireland) Order 1988; and
• (b) attendance allowance, severe disablement allowance, carer’s allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992; income support, council tax benefit and housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker’s allowance under the Jobseekers Act 1995, income related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002; and
• (c) attendance allowance, severe disablement allowance, carer’s allowance and disability living allowance under Part III of the Social Security Contribution and Benefits (Northern Ireland) Act 1992; income support, council tax benefit and, housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 or income related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007; and
• (d) Universal Credit under Part 1 of the Welfare Reform Act 2012 or Personal Independence Payment under Part 4 of that Act; and
• (e) Universal Credit, Personal Independence Payment or any domestic rate relief under the Welfare Reform (Northern Ireland) Order 2015; and
• (f) a council tax reduction under a council tax reduction scheme made under section 13A of the Local Government Finance Act 1992 in relation to England or Wales or a council tax reduction pursuant to the Council Tax Reduction (Scotland) Regulations 2012 or the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012; and
• (g) a payment made from a welfare fund under the Welfare Funds (Scotland) Act 2015; and
• (h) a discretionary support payment made in accordance with any regulations made under article 135 of the Welfare Reform (Northern Ireland) Order 2015; and
• (i) a discretionary payment made by a local authority under section 1 of the Localism Act 2011.

For the purpose of these rules,

• (i) a person (P) is not to be regarded as having (or potentially having) recourse to public funds merely because P is (or will be) reliant in whole or in part on public funds provided to P’s family sponsor unless, as a result of P’s presence in the UK, the family sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the family sponsor’s joint entitlement to benefits under the regulations referred to in subparagraph (ii) below; and
• (ii) subject to subparagraph (iii) below, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002; and
• (iii) a person (P) making an application from outside the UK will be regarded as having recourse to public funds where P relies upon the future entitlement to any public funds that would be payable to P or to P’s family sponsor as a result of P’s presence in the UK (including those benefits to which P or the family sponsor would be entitled as a result of P’s presence in the UK under the regulations referred to in subparagraph (ii) above).

3 to 4 year olds (30 hours) Extended childcare.

Childcare is apparently not a Public fund. However, a person who is subject to the “No Recourse to Public Funds” (NRPF) condition may be ineligible to claim due to failing a residence requirement.