solicitor, sheikh & co, finsbury park, london Member since 21st Jan 2004
recourse to public funds Mon 08-Mar-04 03:53 PM
still that old chestnut i'm afraid. Does anybody know of any clear decision/guidance on this. Both members of couple in this case have the prohibition, so neither partner can get round it like in marriage cases.
Appeals Representative, London Advice Services Alliance- london Member since 21st Jan 2004
RE: recourse to public funds Tue 09-Mar-04 03:46 PM
Question will be whether your clients can fit in to any of the exemptions to the general rule in Sec 115(9)(b) of the Imm. and Asylum Act 1999. That provision prohibits people with a public funds restriction from access to social security benefits.
However sec 115(3) allows for exemptions to that provision to be made. This is done under the Schedule to the SS Imm and Asylum (Consequential Amendments) Regs.
The Schedule is at page 663 of the current edition of Volume 2 of Social Security Legislation. The same volume has a commentary on those prohibtion and the exemptions at page 257 and subsequent.
You may also find the Q&A on this site that sets out the rules (with links etc) helpful:
solicitor, sheikh & co, finsbury park, london Member since 21st Jan 2004
RE: recourse to public funds Thu 18-Mar-04 04:19 PM
thanks for that. i was wondering if any clear decision had been taken on whether tax credits are public funds for immigration purposes or not. i should have made myself clearer.