No Recourse to Public Funds (NRPF)
What is NRPF?
Having an NRPF condition on a visa means that the person has no recourse to public funds when ‘subject to immigration control’. A person who is subject to immigration control cannot claim public funds, unless an exception applies. NRPF status means they cannot access:
- Benefits considered ‘public funds’ such as access income-related welfare benefits;
- Social Housing Allocation from the local authority under Housing Act 1996;
- Local authority homelessness assistance under the Housing Act 1996.
The Hong Kong BN(O) visa contains the NRPF condition.
What public funds are you not able to access as part of the NRPF condition?
A full list of the benefits and services classed as ‘public funds’ can be found at paragraph 6 of the Immigration Rules, and Home Office guidance on public funds. The list below includes some of these public funds:
- Housing and Homelessness Assistance
- Carer’s Allowance
- Child Tax Credit
- Social Funds
- Housing Benefit
- Disability Living Allowance
- State Pension Credit
- Income Support
- Severe Disability Allowance
- Universal Credit
- Working Tax Credit
- Child Benefit
- Council Tax Reduction
- PIP
- Income-based KSA
- Attendance Allowance
- Council Tax Benefit
- Discretionary Welfare Payment
- Income-based ESA
What support can BN(O)s access?
Hong Kong BN(O)s with an NRPF condition can access some benefits, mostly contributory benefits which are intended to replace earnings (for example, when you are unable to work due to illness or you lose your job). Receiving these benefits depends on whether you have paid or been credited with enough national insurance (NI) contributions.
Not all benefits and funds are managed by the same government department, which can complicate the application process. Note the key below, which outlines who looks after what particular fund.
DWP
HMRC
Local Authority
Employer
NHS
Employment
Maternity Allowance
Statutory Maternity/ Paternity Pay
Statutory Sick Pay
Maternity exemption certificate
New style Employment and Support Allowance or New style Job seekers Allowance
Other
Bereavement Support Payment
Guardian’s Allowance
Healthy Start Scheme Free health care from the National Health Service (NHS). This includes GPS and hospital treatment.
Single person discount Council Tax
Food bank vouchers
Concessionary bus pass
Household support grant
Education / School
Free school transportation where eligible and SEN support
Free school meals
Universal free childcare*
Transport for schools
Holiday Activity and Food (HAF) program
*Hong Kong BN(O)s are entitled to Universal 15 hours Free Early Years Places for 3 & 4 Year Olds. All eligible 3 and 4 year olds are entitled to 15 hours of free early year’s provision per week for 38 weeks per year (570 hours per year).
More information can be found on the NRPF Network.
Can you remove your NRPF condition?
The introduction of a change of conditions process is an essential safeguard that will help to alleviate the negative effects of destitution on individuals with leave on the BN(O) route. The NRPF condition can be removed if they are ‘Destitute’ or at ‘imminent risk of destitution’. The application for a change of conditions (CoC) can be found here.
Important information:
- It is an online application form with documentary evidence of financial circumstances,
- CoC is an immigration application – the personal providing support must be OISC (Office of the Immigration Services Commissioner) accredited. An accredited OISC can be found here.
Is your immigration status impacted by lifting the NRPF condition?
If a BN(O) seeks to get their NRPF conditions lifted in the case of destitution, this WILL NOT impact their route to settlement. Applicants remain on the 5-year route.
How is the NRPF condition lifted?
Please contact NEMP by emailing nemp@middlesbrough.gov.uk for further information.
