No Recourse to Public Funds
No Recourse to Public Funds Restriction: Money worries
If you find yourself with reduced pay through illness, suspension or having recently had a baby, it can be a worrying time.
If you have a ‘No Recourse to Public Fund’ restriction, it can make things even more confusing, as you may be unsure if there is any financial assistance available to you.
Whilst you cannot claim benefits that are classified as Public Funds, this guide will explain which benefits are not publics funds and other sources of financial support that you can apply for without affecting your leave to remain in the UK.
Benefits that are not Public Funds
A person with no recourse to public funds is only excluded from claiming benefits that are classified as Public Funds for Immigration purposes. This means that someone with a no recourse to public funds restriction may be able to claim other benefits if they meet the qualifying requirements.
Below is a list of benefits that are no classified as public funds and details of the qualifying criteria.
Please read the eligibility criteria carefully,
Members with a public fund restriction are understandably nervous about claiming benefits, so if you are unsure or need further advice, please do call RCND and ask to speak to the RCN Welfare Service. They will be able to discuss your personal circumstances and give you further advice on eligibility and the application process.
Statutory Sick Pay (SSP)
If you are employed, you can get £116.75 per week Statutory Sick Pay (SSP) if you are too ill to work. It’s paid by your employer for up to 28 weeks.
You cannot get less than this statutory amount. You can get more if your company has a sick pay scheme or ‘occupational scheme’ - check your employment contract.
You will be paid SSP for all the days you’re off sick that you normally would have worked, except for the first 3 days. If you’re eligible, you can get £116.75 a week
You’ll only be paid SSP for the first 3 working days you are off sick if you received SSP within the last 8 weeks. This must have included a 3-day waiting period before you were paid SSP.
SSP is paid as part of your normal wages, so if you are paid monthly, you will receive SSP monthly on your normal pay date.
Contribution Based Benefits
Certain non-means-tested benefits are available to a person who has previously worked and paid National Insurance contributions for a certain number of months. Such benefits are not classed as ‘public funds’ for immigration purposes.
Non-means-tested benefits that are not 'public funds' include:
New Style (contribution based) Employment and Support Allowance.
You may qualify for this benefit if you are unable to work through ill health and your Statutory Sick Pay (SSP) has run out or your employer can not pay you Statutory Sick Pay.
If you are ill or have a health condition or disability that limits your ability to work you may be able to get New Style Employment and Support Allowance (ESA).
New Style ESA is a contributory benefit. Normally, this means you may be able to get it if you’ve paid or been credited with enough National Insurance contributions in the 2 full tax years (April-April) before the year you’re claiming in.
To get New Style ESA you need to have been working within the last 2 to 3 years, and have made (or been credited with) Class 1 or Class 2 National Insurance contributions.
If you’re not sure how much National Insurance you’ve paid, you can check your National Insurance record online.
Employment Support allowance is paid directly by the Department for Work and Pensions, so you need to make a claim for it, it is not paid by your employer.
Find out how to claim New Style Employment Support Allowance.
Statutory Maternity Pay (SMP)
Statutory Maternity Pay (SMP) is paid for up to 39 weeks to women who meet the qualifying conditions.
It is important that you follow the correct process of notifying your employer of your pregnancy, as without this you may lose your entitlement to SMP.
SMP is paid at two rates
To qualify for SMP you must:
- earn on average at least £123 a week
- give the correct notice and proof you’re pregnant using a MATB1 form
- have worked for your employer continuously for at least 26 weeks continuing into the ‘qualifying week’ which is the 15th week before the expected week of childbirth
SMP is paid for 39 weeks. SMP is paid at two rates:
- for the first six weeks you get 90% of your average pay. Your average pay is based on your earnings in a fixed period in the middle of your pregnancy. You can calculate your Statutory Maternity pay
- for the first 6 weeks by using this calculator Maternity, Adoption and paternity calculator - gov.uk
After the first six weeks, you get a flat rate of £184.03* per week (*Rate for April 2024 – April 2025) for 33 weeks or 90% of your average earnings if they are lower.
You might get more than the statutory amount of pay if your employer has a company maternity scheme. If eligible, they cannot offer you less than the statutory amount.
Maternity Allowance
If you do not qualify for Statutory Maternity Pay, you may qualify for Maternity Allowance.
You can get Maternity Allowance for up to 39 weeks.
You can claim this as soon as you’ve been pregnant for 26 weeks. Payments can start any time between the 11th week before your baby is due and the day after the baby is born.
You must have been employed for at least 26 weeks in the 66 weeks before your baby’s due
If you’ve been employed, you must have been earning (or classed as earning) £30 a week or more in at least 13 weeks of your employment. The weeks do not have to be together.
You may still qualify if you’ve recently stopped working. It does not matter if you had different jobs or periods of unemployment.
You can use the maternity entitlement calculator to check your eligibility.
Maternity Allowance is paid by the Department for Work and Pensions and you will need to apply to them, explaining why your employer cant pay you Statutory Maternity Pay. Your employer will normally give you an SMP1 form.
Find out how to claim Maternity Allowance.
Paternity Pay
To qualify for up to 2 weeks Paternity Pay you must:
- be employed by your employer up to the date of birth
- earn an average of at least £123 a week (before tax)
- give the correct notice
- have been continuously employed by your employer for at least 26 weeks up to the end of any day in the ‘qualifying week’
The ‘qualifying week’ is the 15th week before the baby is due.
Statutory Paternity Pay is either £184.03 a week or 90% of weekly earnings (whichever is lower).
You claim Paternity Leave and Pay through your employer. You must give your employer at least 15 weeks’ notice.
You can do this by filling in the online form (previously called form SC3). Once you have completed the form, you will need to download or print it and send it to your employer.
Free School Meals
Eligibility for children years 3 and above
The UK government funds free school meals for some children in England who are attending a primary or secondary state school, free school, or academy.
Free school meals are provided for all children in reception, year 1 and year 2, and for all primary school children in some areas.
When free school meals are not provided universally, they are only available to certain children. A child can qualify for free school meals when the child's family has no recourse to public funds and they meet an income threshold.
Free school meals are not classed as a 'public fund' for immigration purposes and can be accessed by a child regardless of their immigration status when their family meets the qualifying requirements.
Children in households with no recourse to public funds
A child will be entitled to free school meals when the family meet the following requirements:
The parent(s) have no recourse to public funds
If the parent(s) can work, they have a household income of no more than:
- £22,700 for families outside of London with 1 child
- £26,300 for families outside of London with 2 or more children
- £31,200 for families within London with 1 child
- £34,800 for families within London with 2 or more children
Additionally, the family cannot have more than £16,000 in savings or investments.
Families with no recourse to public funds will need to apply directly to their child's school. The school will assess and process the application in line with the government guidance. You will need to supply proof of reduced income.
Find out more about free school meal eligibility.
Other Sources of Help
Food Banks
There is a network of local and national foodbanks that can provide food and essential items to families that are struggling financially. Each foodbank will have its own criteria for new clients.
You may need a referral from a support worker or GP, so read each application form carefully.
Trussell Trust’s 400-strong network of foodbanks provides a minimum of three days’ emergency food and support to people experiencing crisis in the UK.
Find details of your nearest Trussell Trust food bank.
There are often other local places that offer food or free community meals. You can find out about these by asking a local advice centre (such as the Citizens Advice Bureau) or searching online.
