Source · Select Committees · Work and Pensions Committee
Recommendation 6
6
Rejected
Clarify Household Support Fund guidance for local authorities assisting those with no recourse to public funds.
Recommendation
We are concerned that some people with no recourse to public funds could be denied Household Support Fund (HSF) support from local authorities, despite potentially being eligible for such support, due to a lack of clarity in the guidance. We are also concerned that some people with no recourse to public funds will not be able to access support through the HSF because there are no specific powers or duties which can be used to enable their access to funding. The Government should clarify in the Household Support Fund guidance the circumstances when a local authority can use the Household Support Fund to assist those with no recourse to public funds. We certainly hope this would explicitly include families with children who otherwise meet HSF’s eligibility criteria. (Paragraph 40) Cost of living support payments 47
Government Response Summary
The government rejects clarifying Household Support Fund guidance for those with No Recourse to Public Funds, stating that local authorities already have powers for care needs and the variety of factors involved means a definitive list or explicit guidance would not be appropriate.
Government Response
Rejected
HM Government
Rejected
Various pieces of legislation govern the powers and duties of a local authority in these fields, some of which are unavailable to support individuals without recourse to public funds due to immigration legislation. Authorities can provide a basic safety net to support an individual, regardless of their immigration status, if there is a genuine care need that does not arise solely from destitution. Factors leading to this care need could include the presence of community care needs, serious health problems, or risk to the wellbeing of a child. As an example, there are circumstances where local authorities could support no recourse to public funds families with children under the Children Act 1989, and funding for this support could come via the Household Support Fund or another appropriate route. All cases must be judged on an individual basis, and the variety of potential factors influencing a local authority’s decision as to whether they provide support cannot reasonably be captured in central guidance. For that reason, it would not be appropriate to provide a definitive list of powers that a local authority might use and the exact circumstances under which they should or should not use any such powers.