The Home Office, with four other departments, published guidance on 14 August 2026 for councils in England on rights and support for migrants subject to a no recourse to public funds (NRPF) condition.
The guidance, version 1.0, was produced jointly by the Home Office; the Ministry for Housing, Communities and Local Government; the Department for Education; the Department for Work and Pensions; and the Department for Health and Social Care. It applies to England only. It is not a definitive statement of the law and does not dictate action in individual cases.
It explains how immigration status typically affects access to public funds, sets out benefit entitlements for people with permission under the EU Settlement Scheme, and describes councils' statutory duties and discretionary powers. It also links to the relevant legislation. Section 115 of the Immigration and Asylum Act 1999 and paragraph 6 of the Immigration Rules define what counts as a public fund.
The guidance says NRPF is a standard condition on most categories of temporary permission. It states that people with settled status under the EU Settlement Scheme, and holders of pre-settled status, are not subject to the condition. Pre-settled status holders must still show a qualifying right to reside to access certain benefits.
People on Family or Private Life routes, Appendix Child Relative (Sponsors with Protection), or Hong Kong British National (Overseas) can apply free of charge for the condition to be lifted. The grounds are destitution or imminent destitution, the welfare of a relevant child, or exceptional circumstances affecting income or expenditure.
For councils, the guidance covers ways to check status: the Recourse to Public Funds (RTPF) Checker, NRPF Connect, the Status Verification, Enquiries and Checking (SVEC) stencil route, and the Homelessness Escalation Service. It also covers duties to children under the Children Act 1989, the Care Act 2014, and Part 4 of the Domestic Abuse Act 2021.
The Home Office says the guidance is intended as a live document that may be updated.
What this means for applicants
The guidance is addressed to local authorities and does not change the rules for applicants. It shows what councils are told about status checks, and about the duties and powers that apply to people with an NRPF condition. A person who receives a benefit classed as a public fund while subject to the condition may be treated as in breach, which the guidance says could affect their status or future applications. It lists exceptions, including for nationals of certain countries with reciprocal social security agreements.
Sources
- No recourse to public funds: guidance for local authorities, Home Office, published 14 August 2026