No recourse to public funds – money for parents and babies - Maternity Action (2024)

This page contains information on:

August 2023

This information sheet contains information about support and benefits available for pregnant women and children who have no recourse to public funds. It also contains information about support and benefits for families where a partner or parent has recourse to public funds.

No Recourse to Public Funds: What does it mean and who does it affect?

Many people who have time limited leave in the UK will have a condition on their leave which excludes them from claiming public funds. Public funds includes many mainstream benefits such as universal credit, housing benefit and child benefit. It also includes homelessness assistance from the local authority. A full list of public funds can be found here https://www.gov.uk/government/publications/public-funds–2/public-funds

Who has no recourse to public funds?

This condition affects those granted time limited visas or limited leave to remain. This includes visitors, student, workers, fiancées, partners, spouses, dependents of a student or a worker, and many of those granted limited leave on the grounds of having a private or family life in the UK. Most of this group will have be given a Biometric Residence Permit (BRP) when awarded leave and these cards sets out the conditions attached to the person’s leave. Visitors will normally have a stamp in their passport showing they have permission to enter as a visitor. If you have a NRPF condition placed on your leave, the back of your BRP cards will normally contain the remarks ‘No Public Funds ‘

Other groups excluded from accessing public funds

Asylum seekers are excluded from claiming mainstream benefits as they are supported under a parallel system of support administered by the Home Office. This has been in place since April 2000. For more information see https://maternityaction.org.uk/advice/asylum-seekers-financial-support-and-housing/

If you are undocumented, either because your visa has expired or you have not renewed your leave in time, you will also be unable to access public funds.

Are there any benefits which are not public funds?

Contribution-based benefits are based on the national insurance contributions a person has paid whilst working and are not classed as public funds. This means that if you have been employed or self-employed for a particular number of weeks, you may qualify for contribution based benefits.

Maternity benefits such Statutory Maternity Pay and Maternity Allowance are based on length of employment and earnings and are not classed as public funds. For more information see our information sheet https://maternityaction.org.uk/advice/no-recourse-to-public-funds-maternity-rights-and-benefits/

Free Nursery Places

This section outlines the various forms of free childcare available to families with children under 5 years and the eligibility attached to each. Please note, Maternity Action does not provide specialist advice on free childcare or childcare costs. For more comprehensive advice and information please see https://www.familyandchildcaretrust.org/help-your-childcare-costs

Although childcare provision is not a public fund, access to some provisions will depend on the parent’s immigration status or whether they are in receipt of a qualifying benefit. The rules relating to free childcare come from the Department of Education. As education is a devolved matter, there are different rules in place for Scotland, Wales and Northern Ireland. This section sets out the rules and eligibility criteria for England and provides links to the rules for the other three countries and the end of the section.

Free Childcare 2-year-olds in England

Some 2-year-olds in England may qualify for 15 hours’ free nursery places per week if their parent or carer meets one of the eligibility criteria. This includes families with leave but who have no recourse to public funds, as well as families in receipt of Section 17 support or support from the Home Office.

If you’re a non- UK citizen who cannot claim benefits

If your immigration status says you have ‘no recourse to public funds’, you may still get free childcare for your 2-year-old. You must live in England and your household income must be no more than:

  • £26,500 for families outside of London with one child
  • £34,500 for families within London with one child
  • £30,600 for families outside of London with two or more children
  • £38,600 for families within London with two or more children

You cannot have more than £16,000 in savings or investments. https://www.gov.uk/help-with-childcare-costs/free-childcare-2-year-olds

Families with Limited Leave with No Recourse to Public Funds

A parent or carer who has been awarded limited leave to remain on https://www.gov.uk/government/publications/family-life-as-a-partner-or-parent-private-life-and-exceptional-circumstance but has a condition which prevents them from accessing public funds, will qualify for free childcare for a 2-year-old, if their income, from any employment they do, does not exceed a certain amount, see link https://www.gov.uk/help-with-childcare-costs/free-childcare-2-year-olds

Families in receipt of Section 17 Support or Home Office Support

Families who are receiving Section 17 support, which is provided by social services under the Children’s Act 1989, are entitled to 15 hours free childcare for a 2-year-olds.

Families receiving Home Office Support

Families who is receiving support either Section 95 or Section 4 support from the Home Office are entitled to 15 hours free childcare for a 2-year-old.

Zambrano Carers

A ‘Zambrano carer’ is a parent or carer who is the main carer of a British citizen child. This group have permission to be in UK, and are allowed to work, until their child turns 18 yrs.

Zambrano carers are entitled to free childcare for a 2-year-old if their income, from any employment they do, does not exceed a certain amount, see link https://www.gov.uk/help-with-childcare-costs/free-childcare-2-year-olds

Free childcare for 2-year-olds can be accessed from the first school term after the child’s 2nd birthday.

The full eligibility criteria for free childcare for 2-year-olds can be found here https://www.gov.uk/help-with-childcare-costs/free-childcare-2-year-olds

Free Childcare in Scotland, Wales, and Northern Ireland

As outlined earlier in this information sheet, the rules on free childcare are different in Scotland, Wales and Northern Ireland.

More information on free childcare in Scotland can be found here https://www.mygov.scot/childcare-costs-help/funded-early-learning-and-childcare

More information on free childcare in Wales can be found here https://www.daynurseries.co.uk/advice/a-guide-to-free-childcare-in-wales-for-2-3-and-4-year-olds

More information on free childcare in Northern Ireland can be found here https://www.daynurseries.co.uk/advice/a-guide-to-free-childcare-in-northern-ireland-for-2-3-and-4-year-oldshttps://www.daynurseries.co.uk/advice/a-guide-to-free-childcare-in-northern-ireland-for-2-3-and-4-year-olds

Free Childcare for 3- and 4-year olds in England

All 3 -and 4-year olds in England, regardless of their parent’s immigration status, are entitled to 15 hours free childcare a week.

30 hours free childcare: Families where one parent or carer has access to public funds

Some 3- and 4-year-olds who have a parent or carer working more than 30 hours a week and making minimum national insurance contributions, may qualify for 30 hours free childcare if that parent or carer is entitled to access public funds. This means that the parent/ carer who has access to public funds, will be eligible for 30 hours free childcare.

Free childcare for 3-and 4- year olds can be accessed from the first school term after the child’s 3rd birthday. For further advice and information see: https://www.familyandchildcaretrust.org/help-your-childcare-costs

Free School Meals

Although free school meals (FSM) are not classed as public funds, whether a child qualifies will depend on the parent’s immigration status or whether they are in receipt of a qualifying benefit. The rules relating the FSM come from the Department of Education. As education is a devolved matter there are different rules in place for Scotland, Wales and Northern Ireland. This section sets out the rules and criteria for England and provides links to the rules for the other countries and the end of the section.

Reception and Years 1 and 2 of the School Year in England

In England all children attending reception and years 1 and 2 of the school years will qualify for FSM regardless of their or their parent’s immigration status or income.

Year 3 and upwards of the School year In England

Only some children in school year 3 and upwards will qualify for FSM. There is a standard qualifying criteria set by the government which means children in receipt of a qualifying benefit, or whose parents are in receipt of one or more qualifying benefit, will be eligible for FSM. More information is available here https://www.gov.uk/apply-free-school-meals

Children whose parents are receiving Section 95 from the Home Office will also qualify for free school meals from year 3 and upwards.

Expansion: Families who have No Recourse to Public Funds in England

In response Covid 19 restrictions, the provision of FSM’s to some groups in England who don’t have access to public funds, was extended. This government has now permanently extended FSM’s to these group which includes:

  • Families supported by social services under Section 17 of the Children Act 1989
  • Families who have limited leave to remain on private and family life grounds and who have a no recourse to public funds
  • Zambrano carers

The above families must not have an income in excess of £31,500 per year if they live in London or £28,200 if they live outside of London.

  • Families in receipt of Section 4 support from the Home Office

More information on FSM‘s for families with NRPF in England can be found here. https://www.gov.uk/government/publications/free-school-meals-guidance-for-schools-and-local-authorities/providing-free-school-meals-to-families-with-no-recourse-to-public-funds-nrpf

Local Councils

In addition to the standard qualifying criteria, local councils in England have the discretion to provide FSM to children who don’t meet the standard criteria but who, they consider, to also be in need. A local council’s policy on FSM can be checked via the government’s website https://www.gov.uk/apply-free-school-meals

How to apply for Free School Meals

The child or their parents can apply for FSM’s through and application form supplied by the school.

Free School Meals in Scotland, Wales and Northern Ireland

As outlined earlier in this information sheet, the rules on free school meals are different in Scotland, Wales and Northern Ireland.

More information on FSM in Scotland can be found here https://www.mygov.scot/school-meals

More information on FSM in Wales can be found here https://gov.wales/free-school-meals-frequently-asked-questions

More information on FSM in Northern Ireland can be found https://www.nidirect.gov.uk/articles/nutrition-and-school-lunches

HC2 Certificates: Help with the costs of prescriptions, dental and opticians and travel to hospitals

HC2 certificates are not a public funds which means that individuals and families who meet the criteria will qualify for a certificate regardless of their immigration status.

What is a HC2 Certificate?

A person who holds a HC2 certificates will be entitled to receive some or all of the following NHS services free of charge.

  • Free NHS prescriptions
  • Free NHS dental treatment
  • Free NHS sight tests
  • Help with the costs of glasses or contact lenses
  • Help with the costs of travelling to receive NHS treatment
  • Free NHS wigs and fabric supports.

Who is entitled to apply for a HC2 Certificate?

If you have a low income (or no income) you may be eligible to apply for a HC2 cert under the Low Income scheme. Those who meet the definition of having a low income may include the following groups:

  • Individuals who have been refused asylum (this is someone whose claim for asylum has been refused and any subsequent appeals have been unsuccessful)
  • Individuals who have limited leave to enter or remain subject to a condition that you cannot have recourse to public funds
  • Individuals who do not currently have leave to remain in the UK (undocumented)

You can also claim for your partner and your children on HC2 forms.

For more information on the Low Income Scheme and how to apply for the HC2 certificate see our information sheet which also includes links when applying from Scotland, Wales and Northern Ireland. https://maternityaction.org.uk/advice/no-recourse-to-public-funds-free-prescriptions-and-other-nhs-healthcare-services-for-pregnant-women/

Maternity Exemption Certificate

A Maternity Exemption Certificate is available to all pregnant women, regardless of your immigration status

The certificate entitles pregnant women to free prescriptions and free NHS dental care throughout your pregnancy and for 12 months after giving birth. (Note: this only applies to NHS dentaltreatment if you are registered with an NHS dentist or as an NHS patient with a dentist that provides private and NHS dentistry.)

How to apply for a Maternity Exemption Certificate

The certificate can be applied for as soon as you have confirmation of your pregnancy. To obtain a certificate you must request a FW8 form, from your GP or midwife, which is then completed and sent to your local health authority (Health Board in Scotland). You will then be issued with a maternity exemption certificate. You will need to show it to the chemist/dentist when you are collecting your prescriptions/having dental treatment. More information can be found here https://maternityaction.org.uk/advice/no-recourse-to-public-funds-free-prescriptions-and-other-nhs-healthcare-services-for-pregnant-women/

Sure Start Maternity Grant (England, Wales and Northern Ireland)

A Sure Start Maternity Grant (SSMG) is a one off grant of £500 to help towards costs of having a child. It is normally only provided for the first child or the first multiple birth such as twins or triplets. However, if you have been granted leave to remain as a refugee you can claim a maternity grant for your first child born in the UK even if you have children before you arrived in the UK. https://www.gov.uk/sure-start-maternity-grant/eligibility

It is only available to families where the mother or her partner have recourse to public funds and are in receipt of certain benefits.

If you have no recourse to public funds but you have a partner who is receiving benefits.

If you have a spouse for partner who has recourse to public funds and is receiving a qualifying benefit, your partner can claim the SSMG.

How to apply for a SSMG

To make a claim for a SSMG you must be:

  • Over 16yrs
  • Receiving one of the following benefits : Universal Credit, Child Tax Credit or Working Tax Credit with a disability element, Income Support, income-based Jobseeker’s Allowance, income-related Employment Support Allowance (not contributory benefits) or Support for Mortgage Interest Loan.
  • Living in England, Wales for Northern Ireland (see section in Scotland below)
  • Having a baby within the next 11 weeks or have had a baby in the last 6 months,

How to apply for the Sure Start Maternity Grant

Applications for a SSMG can be made through a claim form SF 100 which can downloaded and printed from https://www.gov.uk/sure-start-maternity-grant/how-to-claim. Alternatively you can call the Jobcentre Plus claim line on0800 055 6688to ask for a claim pack to be sent to you.

For Northern Ireland, see https://www.nidirect.gov.uk/articles/social-fund-sure-start-maternity-gran

Healthy Start Scheme

The Healthy Start Scheme provides food vouchers and free vitamins to pregnant women and parents in England, Wales and Northern Ireland, who have a low income and who are in receipt of a qualifying benefit. This includes women with no recourse to public funds who have a partner who has recourse to public funds.

Expansion of the Scheme for some Families with No Recourse to Public Funds.

If your child is British

If you are undocumented or you have leave with ‘no recourse to public funds’ and your income is less than £408 per month and you have a child under 4 who is British, you may be able to claim Healthy Start vouchers.

You can claim by email:https://www.gov.uk/healthy-start For more information see:https://www.healthystart.nhs.uk/

Qualifying Criteria for Healthy Start Scheme

To qualify for the Healthy Start scheme, you (or your partner) must:

  • Be at least 10 weeks pregnant or have a child under the four and live in England, Wales or Northern Ireland, and
  • Be getting Universal Credit (with an income less than £408 per month), Child Tax Credit, Income Support, income-related Employment Support Allowance, income-based Jobseeker’s Allowance (not contributory benefits) and have a household income below a specified amount
  • In England and Wales only: families who have no recourse to public funds who have a British child under 4yrs

OR

  • be at least 10 weeks pregnant and be under the age of 18 (regardless of whether you are getting a qualifying benefit as above)

A voucher is given to each qualifying mother and baby/child (with double vouchers for a child under one).

You can find more information and how to apply atwww.healthystart.nhs.uk. You can ask your midwife for a form or telephone the Healthy Start helpline on 0345 607 6823.

Best Start Grants and Help and Best Start Foods (Scotland Only)

Sure Start Maternity Grants are not available to families living in Scotland. However, there is an alternative scheme available, which is more generous, and which consists of a series of grants and help to buy healthy foods. To qualify, one partner or parent needs to have access to public funds and be in receipt of a qualifying benefit. Those with No Recourse to Public Funds (NRPF) can will also quality if they meet certain conditions (see below)

Families where one for both parents/ carers is in receipt of benefits. To qualify you need to:

  • live in Scotland, and
  • be eligible for Universal Credit, income support, income-related Jobseekers Allowance or Employment Support Allowance (not contributory benefits), Housing Benefits, Working or Child Tax Credit have given birth or had a stillbirth after the end of the 24thweek of pregnancy
  • or become responsible for a baby under one, including through adoption or surrogacy.

Families with No Recourse to Public Funds. To qualify you need to:

  • you’re responsible for at least one child under 3 who’s a British citizen (not including pregnancies)
  • your family income is £660 or less a month after tax
  • you’re not able to claim public funds due to your immigration status

Those with NRPF will need to inform Social Security Scotland that they are applying under these conditions. They’ will be asked to provide some supporting information for each of the above conditions. For more information see https://www.mygov.scot/best-start-grant-best-start-foods/public-funds-access

What is available under Best Start Grants?

The Pregnancy and Baby payment is £642.35 for your first baby (or if there are no other children under 18 in your household) or £321.20 for subsequent children. For twins or multiple births you are entitled to £642.35 for one baby and £321.20 for each other baby.

The early learning payment is £267.65 per child.

The school age payment if £267.65 per child.

How do I claim the Pregnancy and Baby payment?

You can apply for a Best Start Grant online atwww.mygov.scot/best-start-grant-best-start-foods/ or you can download a form and apply by post. If you need help or want to apply by telephone you can ring 0800 182 2222.

You can apply once you are at least 24 weeks pregnant, up to six months after the birth. If you have become responsible for a child you can apply up to the day before your child’s first birthday.

Best Start Foods for families where one partner or parent has recourse to public funds.

Best Start Food payments are paid during pregnancy, up to your child’s 3rdbirthday. You can get:

£18 every 4 weeks in pregnancy

£36 every 4 weeks until your child is one

£18 every 4 weeks between age one and three.

To qualify for Best Start Food payments you must be on a qualifying benefit (see Best Start Grant above) and be on a low income.

For more information and to apply online seewww.mygov.scot/best-start-grant-best-start-foods/ or you can download a form and apply by post. If you need help or want to apply by telephone you can ring 0800 182 2222.

Note: teenagers under 18yrs do not need to be in receipt qualifying benefit to be eligible for Best Start Grants or Best Start Foods. However, this is not available to 18s and under who are subject to immigration control.

No Recourse to Public Funds: Lifting the Restriction

Since 2012, many families who are awarded limited leave to remain, usually on the grounds of having a family and private life in the UK, will have a condition placed on their leave which prevents them from accessing most mainstream benefits, including in- work benefits, as well as housing assistance from the local authority This conditions is known as having ‘no recourse to public funds’ A full list of benefits classed as public funds can be found here https://www.gov.uk/government/publications/public-funds–2/public-funds

Families with leave who have no recourse to public funds can face serious financial hardship and can find it very difficult to earn enough to pay for childcare, housing and living expenses.

Some families who have had a no recourse to public funds condition placed on their leave, can apply to the Home Office to have this condition lifted. This is done through a ‘change of condition’ application which can be found here https://www.gov.uk/government/publications/application-for-change-of-conditions-of-leave-to-allow-access-to-public-funds-if-your-circumstances-change

Families applying to have the condition lifted will need demonstrate that they are having difficulties feeding and housing themselves and their children. If an application is successful the Home Office will lift the restriction which will allow the family to access public funds for the remainder of their current leave.

How to apply to have the NRPF condition lifted

The process of applying for the restriction to be lifted is complicated and should only be completed with the help or assistance from of a specialist adviser, organisation or solicitor who is qualified to do this work.

More information about the process of applying for the restriction to be lifted can be found here https://www.unity-project.org.uk/

This information sheet was written in August 2023. It is very important to get up-to-date advice as law and guidance changes. This guide is for information purposes only and should not be treated as legal advice. You are strongly advised to get personal legal advice about your individual circumstances.

Where to go for more help

www.maternityaction.org.uk
Migrant Women’s Rights Service
: Second tier advice service for midwives and advisers on financial support and housing options for migrant women and access to NHS maternity care. – 020 7251 6189 Monday and Thursday 2-4pm.

Email enquiries: [emailprotected]

https://maternityaction.org.uk/migrant-womens-rights-service/

Maternity Care Access Advice Service: for advice on NHS charges and access to NHS maternity care – 0808 800 0041 Tuesday, Wednesday, Thursday 10 – 12. https://maternityaction.org.uk/maternity-care-access-advice-service/

Maternity Rights Advice Line: for advice on maternity and parental rights at work – 0808 802 0029 (National except London), 0808 802 0057 (London). https://maternityaction.org.uk/advice-line/

Doctors of the World

Advice line:0808 1647 686(freephone) open 10am to 12 midday, Monday to Friday.

Email:[emailprotected]

Free and confidential help to access healthcare: https://www.doctorsoftheworld.org.uk/

Kalayaan
Support for migrant domestic workers

020 7243 2942.
www.kalayaan.org.uk

No Recourse to Public Funds Network
Information on local authority support for people subject to immigration control.
Contact: Islington, 222 Upper Street, London N1 1XR.

Tel: 020 7527 7121

www.nrpfnetwork.org.uk

For guidance on local authority support for destitute adults see: https://www.nrpfnetwork.org.uk/information-and-resources/rights-and-entitlements/support-options-for-people-with-nrpf

Migrant Help

www.migranthelpuk.org/pages/category/asylum

Provides assistance to asylum seekers to complete applications for asylum support. Advice available in several languages.

Freephone: 0808 801 0503

Project 17

www.project17.org.uk

Advice line: 07963 509 044

Email: [emailprotected]

Advice for families experiencing exceptional poverty who need advice and assistance to improve their access to local authority support.

Refugee Council
www.refugeecouncil.org.uk
Information and assistance for refugees and asylum seekers.
Head Office – 020 7346 6700

Children’s Office – for children under 18 – 020 7346 1134 ’

Rights of Women

www.rightsofwomen.org.uk
Free legal advice on domestic violence, immigration and asylum issues.
Helpline 020 7490 7689.

Salvation Army

If you think you are a victim of trafficking and would like advice and support you can call the Salvation Army 24 hour confidential Referral Helpline

Telephone 0800 808 3733 – open 24 hours, seven days a week

https://www.salvationarmy.org.uk/modern-slavery

The Unity Project

Provides advice to people with No Recourse to Public Funds to help them make application to have the condition lifted: https://www.unity-project.org.uk/about-tup

Turn2us

Online benefits calculator and grant search

www.turn2us.org.uk

Immigration advice

You can search for registered immigration advisers in your area at: www.gov.uk/find-an-immigration-adviser

Destitution projects

Trussell Trust

www.trusselltrust.org/

Help with finding a food bank in your area

Red Cross

www.redcross.org.uk/What-we-do/Refugee-support/Where-to-find-us

Red Cross branches across the UK that provide clothing and food parcels.

Refugee Council

www.refugeecouncil.org.uk/resource-category/guides-for-refugees/

Directory of services providing destitution support.

More useful Maternity Action Information Sheets

  • Asylum seekers – financial support and housing
  • Refused asylum seekers – financial support and housing
  • Refugees – financial support and housing
  • No recourse to public funds and migrants excluded from benefits – financial support and housing
  • How to register with a GP in England
  • Free prescriptions and other NHS healthcare services for pregnant women
  • Info sheets for women from abroad, maternity rights and benefits
  • Charging for NHS maternity care
No recourse to public funds – money for parents and babies - Maternity Action (2024)
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