united-kingdom england-and-wales immigration advice government-benefits
Recourse to public funds as a legal aid eligibility criteria?
<p>For example, What is the overlap or general relationship between &quot;no recourse to public funds&quot; and eligibility for legal aid?</p>
<p>Is legal aid encompassed by NRPF? It surely can't be in an absolute sense, in that even immigration advice itself until the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (<a href="https://www.legislation.gov.uk/ukpga/2012/10/contents" rel="nofollow noreferrer">LASPO 2012</a>) was covered by legal aid. Legal aid agency seems organised as an entirely separate affair from Dept of Work &amp; Pensions, and I suppose there is likely a statutory basis for this. But what is the connection between these if any at all? Or is access to justice considered comparably to access to A&amp;E and GP, a matter of fundamental and inviolable human rights?</p>
<p>Obviously if one is arrested one is entitled to duty scheme solicitors advice which is publicly funded through the LAA, so NRPF seemingly cannot be absolute.</p>

<p>Typed and prepped off-line before the titular reference to immigration status and legal aid was edited out by the OP...</p>
<p><a href="https://www.legislation.gov.uk/ukpga/1999/33/section/115?timeline=false" rel="nofollow noreferrer">Section 115</a> of the Immigration and Asylum Act 1999 defines who is not entitled to various state benefits. It includes:</p>
<blockquote>
<p>...
(3)This section applies to a person subject to immigration control...</p>
<p>..</p>
<p>(9)“A person subject to immigration control” means a person who—</p>
<p>...</p>
<ul>
<li>(b)has leave to enter or remain in the United Kingdom which is subject to a condition that he <strong>does not have recourse to public funds</strong>...</li>
</ul>
</blockquote>
<p>However note that the <a href="https://www.nrpfnetwork.org.uk/information-and-resources/rights-and-entitlements/legal-aid" rel="nofollow noreferrer">No Recourse to Public Funds Network</a> (NRPF) say that:</p>
<blockquote>
<p>In England and Wales legal aid is funded by the UK Government to enable people who have a low income to access free legal advice.</p>
<p><strong>Legal aid is not classed as a public fund for immigration purposes and can be accessed by a person regardless of their immigration status, including a person who is subject to the ‘no recourse to public funds’ (NRPF) condition.</strong></p>
<p>However, legal aid is only available for some types of cases and very few immigration matters, which means that many people who are on a low income will not be able to access free legal advice. </p>
</blockquote>
