As a result of their immigration status women may be affected by a ‘no recourse to public funds’ restriction. This restriction requires that they be financially supported by their partner or that they support themselves by working. They are not entitled to any benefits except contribution-based job seekers allowance.
This can create a problem for women who want to leave their partner because of domestic abuse, as they are left with nothing if they leave the household unless they are working or are entitled to work.
Children also suffer by the ‘no recourse to public funds’ condition because it prevents women who leave an abusive partner from accessing housing or welfare benefits. Local authorities have a statutory power under section 22 and 25 of the Children Scotland Act 1995 to make appropriate provision for children to ensure their needs are being met. This should involve them being housed and supported.
For information about women who are affected by the no recourse issue as a result of being under the two year rule (i.e. 2 years leave to remain as a spouse or unmarried partner of a person settled in the UK), please refer to the GVAWP leaflet Domestic Abuse and the Two Year Rule and www.gvawp.org.uk/Resources/pdfs/Briefing-Paper-on-the-2-Year-Rule.pdf
In addition to the two year rule, there are several other types of immigration status through which women may have either no recourse, or limited recourse to public funds. These are as follows:
No Recourse to Public Funds
Limited Recourse to Public Funds
If you or your client is affected by the no recourse to public funds issue and need advice, you can contact June Fraser or Jennifer Escott at the Women and Children’s Department of the Legal Services Agency: Tel 0141 353 3354.
Scottish Women’s Aid (see details on this site) is committed to working in partnership with a range of agencies to improve access to support and accommodation services for women with no recourse to public funds and has been doing so in a number of ways outlined below.
SWA has been trying to establish a fund in Scotland similar to the Last Resort Fund in England for women with no recourse to public funds. The Office of the Deputy Prime Minister allocated two £40,000 grants to Women’s Federation England for the Last Resort Fund. However, they decided that a more sustainable solution was required and The Last Resort Fund was suspended.
SWA requested funding from the Scottish Executive in March 2005 and, although they were sympathetic, they did not want to do anything that conflicted with ODPM’s response in England.
A sum of money received from a legacy was allocated by the directors of SWA to fund a 3 month pilot project with SWA affiliated groups. The Pilot Project finished on the 31st May 2006. The overall aims of the project were to:
There will be an evaluation of the project and the results will be used to:
For more information regarding no recourse to public funds please contact Lydia Okroj at Scottish Women’s Aid lydia.okroj@scottishwomensaid.org.uk Tel 0131 226 5492.
FAQ section coming soon
