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Person from Turkey
Please can someone clarify. We have someone form Turkey which is an exempt category for benefits but their passport states Indefinite Leave To Remain but ‘No recourse to public funds’. Does this mean that although they are in an exempt category they are still not entitled to claim means tested benefits including housing benefit.
I think your client is entitled to housing benefit - see CJSA/1158/2015 about Turkish national who had no recourse to public fund in passport but was still entitled to JSA -
http://www.osscsc.gov.uk/Aspx/view.aspx?id=4620
I think same would apply to housing benefit as para 4 of part 1 of the schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 is clear that exclusion from benefits, including housing benefit and IB-JSA, in section 115 of the Immigration and Asylum Act 1999 does not apply to ECSMA nationals -
http://www.legislation.gov.uk/uksi/2000/636/pdfs/uksi_20000636_301114_en.pdf
anyone else have a view?
Thank you this is how I was reading it but just wanted clarification that I had got it right.
I think your client is entitled to housing benefit anyone else have a view?
Agreed provided they were habitually resident.
“People from Croatia, Macedonia and Turkey are eligible for HB/CTR (as well as HB/CTR passported benefits) if they are habitually resident and have any form of leave (including leave with a ‘no public funds’ condition) or they have a right to reside as an EEA family member”