Discretionary Leave to Remain and Public Funds

Hi all,

Just wondered if anyone else had come across this.

Client is single parent with son aged 16. She and son both granted DLR, initially for 6 months, now renewed until March 2012.

Following this, DLA claimed and awarded for son at HRMC and HRCC (he has a brain tumour and is undergoing specialist treatment)

Client awarded IS and claimed CA. CA refused in October, due to there being a limitation in her leave - client did not challenge this as worried about impact on her immigration status. She also did not claim CTC due to same reason, only CB (which was paid and has not been stopped).

IS still paid until March 2011 - now stopped, not due to immigration status, but due to lack of CA. Client has no other entitlement to is.

The letter that came with her latest award of DLR does not mention anything about right to claim benefits. Her passport just says “Limited Leave to Remain”, but no other restriction (i.e does not say no recourse to public funds).

I called the Borders Agency who gave conflicting advice - at first they said if the letter that came with her DLR did not mention right to claim benefits, then assume she did not have the right to claim. Then they said any restriction on right to claim wold be noted as a limitation in her passport (eg no recourse etc) - as there was no restriction, assume that she had the right to claim!

On this basis I have challenged the CA decision through a late appeal, with a request for urgent review first.

Client never claimed asylum so I presume DLR was awarded due to her son’s heath and need for specialist treatment, though client could not confirm this.

I have now had another enquiry from a Nepalese single parent who has just got DLR after 10 years here. She could not tell me on what basis the DLR had been awarded. So what do I advise?

If anyone has some specilaist knowledge of DLR and right to claim public funds I would be very grateful for further help!

I don’t claim to have any specialist knowledge in this area but this has come up before.  The position then was that benefits can be claimed within the period of DLR but not after the period has expired unless the person applies for an extension of DLR within 28 days of the expiration date.  Then benefits can continue to be paid until a determination has been made on the extension application.

However, I’d check with an immigration solicitor to be on the safe side and just in case things have changed.