Disabled immigrant people’s rights to care and support

Manjeet Kaur
Our friend Manjeet Kaur from RAPAR in Manchester, who won her right to accommodation.

Those of us who are immigrant and disabled (this includes mental distress) can still access care, support and accommodation in some circumstances.

Support from Social Services is not counted as a public fund, and can be provided to people who are barred from getting benefits under ‘no recourse to public funds’.  Human rights law — which says that you should not be subjected to inhuman and degrading treatment — can cancel out where you are banned from receiving services. We strongly recommend that you get a solicitor to help you secure these rights and as a protection for yourself. You can get Legal Aid regardless of your immigration status. Legal Aid is available for community care and homelessness.

Here are some webpages with useful information:

No Recourse to Public Funds Network

http://www.nrpfnetwork.org.uk/information/Pages/Social-Services.aspx

HEAR Equality and Human Rights Network

http://reap.org.uk/wp-content/uploads/2016/09/Rights-and-entitlements-of-disabled-asylum-seekers-refugees-and-refused-applicants.pdf

Eligibility for Transport for London ‘Freedom Passes’ (info from NRPFN)

The No Recourse to Public Funds Network say:

There has been some inconsistency in the interpretation of eligibility for Transport for London ‘Freedom Passes’ across London local authorities. Those with no recourse to
public funds (NRPF) however face no specific restrictions on access to Freedom Passes for use on London’s transport network because of their immigration status.
Section 240 of the Greater London Authority Act 1999 outlines the conditions under which the Transport for London ‘Freedom Pass’ is issued. The eligibility criteria are set out in section 240(5) of the Act as amended by the Transport Act 2000 and the Travel Concessions (Eligibility) Act 2000 (see http://tinyurl.com/d5o487). Section 240 Greater London Authority Act 1999 is not included in the restrictions to support outlined in Schedule 3 of the Nationality, Immigration and Asylum Act 2002. Nor is any immigration test applied under the Transport Act 2000. Freedom passes are not included in the definition of ‘public funds’ in the Immigration Rules, which are the basis of the NRPF condition.

What does this mean? People with NRPF being supported by a local authority are eligible for a Transport for London ‘Freedom Pass’ if they meet the eligibility criteria as set out in Section 240 of the Greater London Authority Act 1999.

 

One comment

  1. […] Disabled asylum seekers and other immigrant disabled people ARE entitled to the Freedom Pass.  When they talk about resident, this means living in the borough.  You do not have to have won your right to stay in the UK to get the Freedom Pass.  More info here. […]

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s