Shared Services Directorate 020 7035 4848
2 Marsham Street
(switchboard)
London SW1P 4DF
www.homeoffice.gov.uk
Wayne Pearsall
Via e-mail to
request-
147779-
d9b300cc@whatdotheyknow
.com
05 December 2013,
Freedom of Information request (our reference: 29818)
Dear Mr Pearsall,
I am writing further to the Information Commissioner’s Decision Notice of 31
October, which found that the Home Office had failed to furnish a response to
your request for information under the Freedom of Information Act (2000).
Your request has now been passed to me to answer. I apologise for the failure
to answer your original request in time and to your satisfaction.
You requested the following information:
Can you please provide a list of all funds which are accessible to a
partner of a British citizen when they have ‘no recourse to public funds’.
UKBA must hold information in some form about what a British citizen’s
family member is entitled to receive and would not be considered public
funds. Even if normally funds would be considered public funds. Please
supply all documents, instructions and guidance provided to DWP/UKBA
staff in relation to this. When a British citizen claims contribution based
Job Seekers Allowance what affect does their partners No Recourse to
public funds have on the benefit claim? Considering that CB JSA is not
listed as a public fund.
What information and guidance has been given to DWP staff to ensure
that they are aware about the status of Contribution based benefits and
the true meaning of the stamp ‘No Recourse to Public funds’.
Have UKBA made DWP/UKBA staff aware of the true definition of public
funds? Please provide a copy of all documentation relating to the above
which surely the UKBA must hold a copy of.”
I can confirm that the Home Office holds information in relation to your
request. Section 21 of the Freedom of Information Act 2000 provides an
exemption from disclosure where the information requested is otherwise
reasonably accessible. As the information is already in the public domain, the
Home Office is exempt from providing it. The information that you require is
available at the following locations.
Information on what constitutes public funds is available on the Home Office
website:
http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-
uk/rightsandresponsibilities/publicfunds/
The public funds modernised guidance, which is the Home Office casework
guidance on which UK public funds a foreign national may claim, is available
here:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/mod
ernised/cross-cut/public-funds/funds.pdf?view=Binary
In relation to those who are in the UK as the partner of a settled person,
guidance is available on what benefits the settled person may be entitled to
claim and still satisfy the financial requirements to obtain permission for their
non settled partner to travel to or remain in the UK. This guidance is available
here:
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-
families/citizens-settled/spouse-cp/can-you-apply/financial/
Further information is contained in this document at paragraph 3.6:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs
/chp8-annex/section-FM-1.7.pdf?view=Binary
The Immigration Rules list the benefits that are considered to be public funds
for immigration purposes at Rule 6:
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigration
rules/introduction/
You have asked about guidance available to DWP staff in relation to the
definition of public funds in immigration legislation. The Home Office does not
play a part in the administration of benefits and does not provide guidance to
staff in the Department for Work and Pensions (DWP). It is the responsibility of
the DWP to provide their staff with such guidance. This guidance is contained
in a number of guidance documents at the DWP. You may access the guidance
that DWP provides to their decision makers on their website, starting first with
Chapter C1:
https://www.gov.uk/government/publications/advice-for-decision-
making-staff-guide
You also asked whether a settled partner of a migrant may claim contribution
based Job Seekers Allowance. This is a matter for the DWP to consider and
answer. As mentioned above, the Home Office does not administer the
provision of benefits.
If you are dissatisfied with this response, you may request an independent
internal review of our handling of your request by submitting a complaint
within two months to the address below, quoting reference 29818. If you ask
for an internal review, it would be helpful if you could say why you are
dissatisfied with the response.
As part of any internal review the Department's handling of your information
request will be reassessed by staff who were not involved in providing you with
this response.
Yours sincerely
Andy Woodgate Information Access Team
Annex A
If you remain dissatisfied after an internal review, you would have a right of
complaint to the Information Commissioner as established by section 50 of the
Freedom of Information Act.
Information Access Team
Home Office
Ground Floor, Seacole Building
2 Marsham Street
London SW1P 4DF
e-mail:
xxxx.xxxxxx@xxxxxxxxxx.xxx.xxx.xx