16 Rejected

The immigration status of people sleeping rough who are non-UK nationals can affect their legal...

Conclusion
The immigration status of people sleeping rough who are non-UK nationals can affect their legal entitlement to benefits. In some cases these are immigrants from countries outside the European Economic Area (EEA), whose visas impose the condition that they have ‘no recourse to public funds’.59 Other sub-groups of non-UK nationals may also be legally restricted from claiming certain benefits, and are also often referred to under the heading ‘no recourse to public funds’ (although strictly speaking they do not fall within that category).60 Local authorities may legally bring people sleeping rough from all these groups into emergency accommodation if, following an individual assessment, they understand there to be a risk to life, such as during extreme winter weather.61
Government Response Summary
The government explicitly rejected the committee's implicit recommendation regarding the support for individuals with 'no recourse to public funds', reiterating that the responsibility and judgement for providing support lies with local authorities, as existing rules have not changed. They also noted ongoing work with partners across government to consider the role of immigration policy in ending rough sleeping.
Government Response
Rejected
HM Government Rejected
5.1 The government disagrees with the Committee’s recommendation. 5.2 The government is fully committed to ending rough sleeping. The department will be working with partners across government to build on recent progress and consider what more needs to be done to end rough sleeping, which will consider the role of immigration policy and practice. 5.3 This will build on work, such as the Rough Sleeping Support Service, which has been established by the Home Office to help destitute individuals access support and resolve their immigration status. 5.4 In the meantime, the department continues to work with the Home Office on all other immigration issues affecting rough sleepers. 5.5 The government disagrees with the Committee’s recommendation. 5.6 The department has and continues to work with local authorities regarding support that can be offered to those individuals with a no recourse to public funds (NRPF) attached to their immigration status. Ultimately, these are locally elected councils and it is a matter for them to decide based on their local circumstances. 5.7 On 28 May 2020 and 8 January 2021, the department wrote to all chief executives of local authorities making clear that the rules as to eligibility relating to immigration status, including for those with NRPF, have not changed. The department’s position remains that local authorities must continue to use their judgement in assessing what support they may lawfully give to each person on an individual basis, considering that person's specific circumstances and support needs. The department is clear that the responsibility for making individual judgements lies with local authorities, as it has done for many years. 5.8 This legal position is applicable to support offered to individuals with NRPF both within and outside of hotels under Everyone In.
Addressee Bodies
HM Treasury
Timeline
Recommendation age 5.4 yrs
Report published 17 Mar 2021