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Non UK national with "leave to remain & work" but "no public funds" entitlement
- HCMLcasemanagers
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1 year 5 months ago #281153 by HCMLcasemanagers
Non UK national with "leave to remain & work" but "no public funds" entitlement was created by HCMLcasemanagers
Hello. One of my clients is a non UK national (India) . He has a residence permit, with "leave to remain" , entitlement to work but no entitlement to "public funds". Now, he has always been told that he is not eligible to any DWP benefits, but he has worked for many years and paid NI and tax. So, I met with him today and took a look at his visa. I double checked the issue with no public funds, and can see on a few websites that this in means that he is eligible to apply for non-means tested benefits. Am I right in thinking this? He was involved in a work place accident 3 years ago, and has not worked since. If he applied now, would he (if found to be entitled to benefits) be able to back date any claims?
Many thanks.
Many thanks.
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1 year 5 months ago #281182 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Non UK national with "leave to remain & work" but "no public funds" entitlement
HCMLcasemanagers
Like you, I have found references to their being able to claim Contribution Based benefits, however, I have seen a warning in regard to Immigration Conditions and a recommendation that legal advice is taken first, see
www.nrpfnetwork.org.uk/information-and-r...n-and-asylum-advice#
That's the good news.
The bad is that if your client has not worked for three years then they will not have the necessary NI Contributions and/or Credits to make a claim for New Style ESA in the required Tax Years (20-21 and 21-22), the best they might receive would be NI Credits for a State Pension if they are eligible for this in the first place.
The only other benefit I can think of would Industrial Injuries Disability Benefit (IIDB) but that is outside of the support that we can offer on the forum, an internet search should provide more information.
Gordon
Like you, I have found references to their being able to claim Contribution Based benefits, however, I have seen a warning in regard to Immigration Conditions and a recommendation that legal advice is taken first, see
www.nrpfnetwork.org.uk/information-and-r...n-and-asylum-advice#
That's the good news.
The bad is that if your client has not worked for three years then they will not have the necessary NI Contributions and/or Credits to make a claim for New Style ESA in the required Tax Years (20-21 and 21-22), the best they might receive would be NI Credits for a State Pension if they are eligible for this in the first place.
The only other benefit I can think of would Industrial Injuries Disability Benefit (IIDB) but that is outside of the support that we can offer on the forum, an internet search should provide more information.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 year 5 months ago #281186 by HCMLcasemanagers
Replied by HCMLcasemanagers on topic Non UK national with "leave to remain & work" but "no public funds" entitlement
Thank you so much. Clearly it is very complicated, and the risk is that they apply for something that then is seen as a breach of his visa. I have reiterated to them that they will need legal advice, maybe first from CAB or indeed his current solicitor (albeit that firm is not dealing with any kind of immigration issue). Nicola
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