[ms_breadcrumbs]
Eligibility for other Publicly Funded Services
There are a wide range of services available for people living in Scotland that are not classed as public funds for immigration purposes. This chapter describes how a person’s immigration status will impact on their ability to claim these.
Key Facts
- A person with ‘no recourse to public funds’ (NRPF) is not prevented from accessing other publicly funded services due to having this condition. However, their nationality, immigration status or length or residence may be a relevant factor in establishing entitlement to some other services.
- Local authorities have the discretion to provide free school meals. When these are not universally funded, and school uniform grants, to children in low-income families that do not meet eligibility requirements due to the parent’s immigration status.
- Many NHS services in Scotland are provided free of charge regardless of a person’s immigration status.
- Social services’ duties to safeguard the welfare of children, young people leaving care and vulnerable adults may be engaged in order to alleviate destitution when a person or family is prevented by their immigration status from accessing social security benefits and requires accommodation and financial support.
Later chapters of this guidance will provide advice on how to effectively assess a person’s eligibility for social services’ support when they have no recourse to public funds (NRPF).
4.1 Baby Boxes
The Scottish Government provides a free baby box to every new baby that is born and living in Scotland. The box contains essential items for the baby and can be used for the baby to sleep in. The mother will receive the box in weeks 32 to 36 of her pregnancy and can apply for it through her midwife.
All babies will be eligible to receive the box, regardless of their or their parents’ nationality and immigration status. As the box can only be applied for through a midwife, only women engaged with health services will be able to receive it.
As good practice, local authority staff can encourage pregnant women to register with a midwife if they have not already done so, in order to be able to access support, including in relation to baby boxes.
4.2 Child Maintenance
A claim for child maintenance from a former partner through the UK Government’s Child Maintenance Service (formerly the Child Support Agency), regardless of the parent’s immigration status.
The parent caring for the child, non-resident parent and qualifying children must all be habitually resident in the UK; there is no requirement for them to have recourse to public funds or to be lawfully present. Applications can be progressed if the person does not have a National Insurance number, although the identity of all parties involved will need to be proved, preferably with birth certificates.
A parent can obtain independent advice from Child Maintenance Options and must contact this service before applying to the Child Maintenance Service. If they do not have a National Insurance number, they can ask Child Maintenance Options for their case to be managed via the Exceptional Case Handling Process.
4.3 Discretionary Housing Payment
A Discretionary Housing Payment may be paid by a local authority to people to top-up a Housing Benefit or Universal Credit shortfall, or to help with the costs of removal or a rent deposit. This is only available to people who have recourse to public funds and who are eligible for Housing Benefit or Universal Credit.
4.4 Early Learning and Childcare
The Scottish Government funds councils to offer up to 1,140 hours of ‘early learning and childcare’ per year for eligible children. This is up to 30 hours a week, if taken during term time. Local authorities have a duty to secure funded early learning and childcare (ELC) for each ‘eligible…child belonging to its area’. 20 An eligible child is defined in legislation, without reference to immigration status.21 Eligible children are:- All 3 and 4 year olds
- 2 year old who have experience of care, or whose parents are care experienced, or receiving certain benefits (including section 95 Home Office asylum support).22
- Local authorities also have discretion to provide access to funded early learning and childcare to any other child, as they see fit.23
________________________
4.5 Education
Primary and Secondary Education
All children, regardless of their immigration status, can receive state school education whilst they are of compulsory school age.24 The only children who cannot receive a state school education are those who have leave to enter or remain with a condition that does not permit study, or who study at a state school. This will apply to children who have been issued with leave to enter or remain as a Visitor, Tier 4(Child) or Short-term student (Child). (Although an exception may apply to some child visitors.)25
Further Education
When applying to undertake Further Education (FE) (age 16+), a person with NRPF will only be able to undertake a course for free if they meet the funding criteria; immigration status and length of residence in the UK will be relevant factors.
Many people may have accessed, or wish to access, English as a Second Language (ESOL) classes, which are subject to different funding rules. Guidance on accessing Scottish Funding Council (SFC) funded courses sets out the eligibility routes for fee waiver grants.
Enquiries about FE funding must be made directly to the relevant college.
Higher Education
For Higher Education, the criteria for lower ‘home’ fee rates, and student finance to help with course and living costs, are also based on immigration status and length of residence in the UK.
Universities Scotland have published detailed guidance on access to Higher Education for refugees and asylum seekers.
The criteria for accessing student finance for further and higher education for migrant young people living in Scotland has been recently widened, and the new rules came into effect on 1 August 2023.
For more information about eligibility requirements higher education course funding, student
support and bursaries see the Student Awards Scotland (SAAS):
Higher Education – Residence Conditions for UK, EU, EEA and Swiss nationals
Higher Education – Residence Conditions for nationals from outside the UK, EU, EEA and Switzerland
Enquiries about HE funding must be made directly to the relevant university.
________________________
24 https://www.gov.uk/know-when-you-can-leave-school; the Education (Scotland) Act 1981
25 http://www.gov.uk/government/publications/visit-guidance
4.6 Education Maintenance Allowance
Education Maintenance Allowance is available to a young person age 16 to 19 if they are living in a low-income household and are undertaking full-time study at a school, full or part-time study at an FE college or education centre, or are taking part in an ‘activity agreement’.26
They may apply to the local authority if they are attending school or otherwise to their college. The eligibility requirements for the allowance are based on the young person’s nationality, immigration status and residence in the UK, as well as the household income. A young person who has a form of settled status (for example, indefinite leave to remain), refugee status, another type of leave following an asylum claim, or EEA nationality, may be eligible if they also meet the residence requirements. People without leave or who have limited leave to remain will not be eligible.
________________________
28 The Education Maintenance Allowances (Scotland) Regulations 2007
4.7 Free School Meals
The table below sets out free school meal entitlement for children and young people studying at publicly funded schools. After primary 5, entitlement is generally linked to the parent being in receipt of qualifying benefits or asylum support; so for children in migrant families, the parent’s immigration status might affect whether they can receive free schoolmeals.
However local authorities have the discretion to provide free school meals in cases where the regular eligibility criteria is not met – this includes NRPF families, and children who are or have been in the care of the local authority or in kinship care – under funding they receive from the Pupil Equity Fund.
Where a child is eligible for free school meals, lunch is provided. Some local authorities may also provide breakfasts free of charge, or they may provide meals during weekends. All local authorities now also receive funding to provide free school meal holiday support to all eligible pupils during school holiday times. Where extra provision, over and above free school meals has been made, local authorities have the flexibility to decide who should receive it.
See for further guidance to local authorities: Public Equity Fund: national operational guidance 2022.
| School year/ age | Eligibility for Free School Meals |
| Pre-school age children | Children can get a free lunch in early learning and childcare if a parent is receiving an eligible benefit or section 95 Home Office asylum support. |
| Primary 1-5 | All children at publicly-funded schools in Scotland automatically get free school lunches at this stage, regardless of their or their parents’ immigration status. For example, a child in an NRPF household will be able to receive free school meals during these school years. |
| Primary 5 until statutory school leaving age | Children will continue to receive free school meals at this stage if their parents or carers are receiving an eligible qualifying benefit or section 95 Home Office asylum support. Local authorities also have the discretion to provide free school meals to children who are not eligible under the regular qualifying criteria, where their families are experiencing financial hardship. This includes providing them for families who have NRPF due to their immigration status. Where families are experiencing difficulty in meeting the cost of paying for school meals, for whatever reason, they may contact their local council directly in order to seek advice about what assistance may be available. |
| 16-18 year old | Older pupils can also claim free school meals where they are receiving any of the eligible qualifying benefits in their own right. Where a pupil within this age bracket has NRPF due to their immigration status, they may contact their local authority directly in order to seek advice about what assistance may be available. |
Good practice example
A council uses its discretion to provide entitlements to free school meals and school clothing grants to children within families who have no recourse to public funds (NRPF).
School staff and other local authority workers are aware of the risks of poverty for children whose parents have NRPF and who have a low income. The staff make information clearly available to parents that they can request free school meals and school clothing grants if they are on a low income and/or experiencing financial hardship.
Social workers support families who are in receipt of financial assistance from the local authority to apply for/or receive their child’s entitlements to free school meals and school clothing grants, along with other funds and sources of support they may be eligible for.
4.8 Legal Aid
The Scottish Legal Aid Board (SLAB) operates an advice and assistance scheme for civil legal matters in Scotland, which will fund legal advice for people who cannot afford to pay for it themselves, where an important civil right is at stake. On this basis, legal advice that a destitute person or family may require on their immigration status and options, and also on their entitlement to accommodation and support, may be available from a legal aid lawyer free of charge.
There are no eligibility requirements for legal aid based on a person’s nationality or immigration status, so a person with NRPF can access free legal advice and assistance in Scotland.
Legal aid lawyers must apply a two-stage test in order to determine whether to grant legal aid to assist an individual. The first part of the test looks at financial eligibility, and the second part of the test considers whether the person requires the assistance of a lawyer in order to obtain or protect an important legal right. The financial eligibility test is deemed to have been met automatically where a person is already in receipt of asylum support or many forms of means-tested benefits, as long as they do not also have significant capital assets (such as significant savings, or ownership of a house, car, etc.). The second part of the test consider whether the legal advice required is in relation to the person’s civil rights and is the type of advice that would be expected to be received from a solicitor.
SLAB provides more information on its website about eligibility tests for legal aid in Scotland.
For more information, see:
4.9 National Entitlement Card (Concessionary Travel)
Immigration status may be a relevant factor in determining whether someone can obtain a National Entitlement Card (NEC) for free or concessionary travel. If a person with a disability is not eligible for certain benefits (Personal Independence Payment, Disability Living Allowance, Attendance Allowance) they may still qualify under other eligibility criteria. 27
The card can be issued to people who are resident in Scotland when they are:
- Over 60 years’ old
- Age five and over and have a disability that they are able to evidence according to specific documentary requirements
- Age 16-18 (Young Scot NEC)
- Volunteering full time and under 26 years old (Young Scot NEC)
If a person with a disability is not eligible for certain benefits (Personal Independence Payment, Disability Living Allowance, Attendance Allowance) they may still qualify under other eligibility criteria.
People can apply for the card online at: https://www.entitlementcard.org.uk/
________________________
4.10 NHS treatment
Many NHS services are provided free of charge to people in Scotland regardless of their nationality or immigration status, but some people may be required to pay for certain types of treatment.
Free services:
- Services delivered by a GP
- Prescriptions
- Dental and optical examinations*
- Community services, such as mental health and drug and alcohol services
- Accident and emergency (A&E) services up until the point that the person is accepted as an in-patient
- Family planning services
- Diagnosis& treatment of contagious diseases, including HIV 29
- Diagnosis & treatment of sexually transmitted diseases
- Compulsory detention or admission due to a mental health condition (under the Mental Health (Care and Treatment) (Scotland) Act 2003
- Treatment of a mental health condition as a requirement of a community payback order
* Most dental and ophthalmic treatment will also be free if the person meets one of the exemptions to these services or has obtained an HC2 certificate on the basis of having a low income, for example support from social services or a charity. NHS Scotland has produced a useful leaflet providing more information about these exemptions. 30
Chargeable services
- Any treatment provided in a hospital, or by staff working under the direction of a hospital, that is not listed above.
A person may be charged for hospital treatment if they are an ‘overseas visitor’ and are not in a group that is exempt from paying the charges. A person will be an overseas visitor if they are not ordinarily resident in Great Britain or Northern Ireland.
People who do not have to pay for chargeable services
The following people will be ordinarily resident if they are living lawfully in the UK for a settled purpose:
- British or Irish citizens
- EEA national or family member who holds settled status or pre-settled status
- A person subject to immigration control who has indefinite leave to remain
Anyone else will be referred to as an ‘overseas visitor’ and will be required to pay for hospital treatment unless an exemption applies.
The exemptions are set out in the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989, and include a person who has:
- Made a formal application for asylum, whether pending or unsuccessful
- Refugee status
- Leave to enter or remain in order to work or to be self-employed
- Leave to enter or remain on a settlement route, for example, as a spouse of a British citizen, or as the parent of a British child/ child who has lived in the UK for seven years
- Lived lawfully in the UK on any other basis for one year or longer prior to receiving treatment
- Is studying full-time in the UK at a further or higher education institution
- Is a survivor of trafficking or modern slavery who has either received a reasonable grounds decision and is still waiting for their conclusive grounds decision, or has received a positive conclusive grounds decision
- Is detained for a criminal matter or immigration matter
- Is the spouse, civil partner or child of a person in the above categories
An asylum seeker will be entitled to NHS treatment on the same basis as a UK national who is ordinarily resident in Scotland, even if their claim is unsuccessful and they become appeal rights exhausted (ARE). Asylum seekers who are granted Refugee Status or another form of leave to remain will continue to be exempt from NHS charges on the same basis as a person who is ordinarily resident in Scotland.
People who apply for leave to enter or remain in the UK for a limited period will usually need to pay the Immigration Health Charge (IHC) as part of their application, in order to receive most chargeable NHS treatment for free. This has not yet been incorporated in to the Scottish charging regulations, but such people will have the same access to free NHS care as a person who is ordinarily resident in Scotland.
People who may have to pay for chargeable services
A person may need to pay for hospital treatment if they are:
- A person without leave who has not claimed asylum
- On a short-term visit visa of less than six months
This could, therefore, include people who are being provided with accommodation and financial support by social services because they have no recourse to public funds (NRPF).
Maternity provision, including antenatal care, must not be delayed or refused due to issues arising regarding charging and inability to pay, because such treatment is classed as immediate and urgent medical care. However, when a pregnant woman is liable to pay for her maternity care, she may be charged after the care has been provided.
The NHS has the ability to write off debts and not pursue them if a person is destitute or genuinely without funds.
However, when a person accrues an unpaid NHS debt of £200 or more, this information may be shared with the Home Office. Where a person accrues an NHS debt of £500 or more, then this could lead to an immigration application being refused.
Further information and resources:
- NHS Inform – Healthcare for asylum seekers, refugees and overseas visitors with helpline and webchat advice service 31
- Scottish Government – Overseas visitors 32
- Chief Executive Letter (CEL) 9 (2010) – Guidance on the charging regulations 33
- NHS Circular: PCA(M)(2018) 10 – Guidance on GP registration 34
________________________
29 For full list, see Schedule 1 of the National Health Service (Charges to Overseas Visitors)(Scotland)
Regulations 1989
4.11 School Clothing Grants
Local authorities will provide some families with financial help towards the cost of buying a school uniform through the payment of a school clothing grant.
Families that are eligible for school clothing grants will receive:
- £120 per child of primary school age
- £150 per child of secondary school age
Eligibility criteria for school clothing grants are set locally by individual councils. However, this criteria varies across different local authority areas, although information on eligibility criteria is available on every local authority’s website.
There is no legislation governing the eligibility for school clothing grants, therefore local authorities have the flexibility to waive their local criteria where they think it is appropriate to do so. Families with no recourse to public funds should contact their local authority directly to seek advice on what assistance may be available.35
________________________
4.12 Social Services’ Assistance
Assistance provided by social services to a child, family or adult is not a public fund for immigration purposes and should not be refused to a person with no recourse to public funds (NRPF) or who is experiencing other difficulties accessing public funds. It is expected that social services will use existing social services’ legislation to alleviate homelessness and destitution for NRPF households in order to be able to protect the most vulnerable.
Social services may therefore be required to provide accommodation and financial support to individuals or families who are unable to access benefits or housing assistance because they are NRPF. However, such assistance may be limited for some people depending on their nationality or immigration status, as certain groups of people can only receive this support to prevent a breach of their human rights or due to an exclusion that is set out under Section 54 and Schedule 3 of the Nationality, Immigration and Asylum Act 2002.
This applies to assistance provided under the following legislation:
- Accommodation and financial support provided to a family to meet a child’s
needs36 - Aftercare support, including accommodation, provided to a young person
leaving care from age 16 to 26, when they are age 18 or older37 - Care and support, including accommodation, provided to an adult38
A person’s nationality and immigration status will not prevent them from receiving other types of social services assistance, for example, a child with a disability in an asylum seeking family who are accommodated by the Home Office can also be provided with services by the local authority to meet their needs.
A looked after child’s immigration status will not impact on their entitlements to support as a looked after child, but will be highly relevant to any care planning that takes place, as the child may need help accessing legal advice to secure a long-term form of immigration status or British citizenship. It will also impact on their entitlements when they need to access further or higher education and other services, including aftercare support,post-18 years old.
This also applies to children from European Economic Area (EEA) countries who have pre-settled status or who do not have leave to remain.
For more information, see:
- 5 Social services’ support – introduction
- 6 Social services’ support – referrals
- 7 Social services’ support – exclusion
- 8 Social services’ support – children within families
- 9 Social services’ support – adults
- 10 Young people leaving care
_______________________
36 Section 22 of the Children (Scotland) Act 1995
37 The Children (Scotland) Act 1995 and the Children and Young People (Scotland) Act 2014
38 Sections 12 or 13A of the Social Work (Scotland) Act 1968
4.13 Eligibility Summary Table
The table below is intended to provide an indication as to whether a person may be able to access a public fund or other publicly funded service on the basis of the person’s immigration status only. It does not take into account other requirements, such as residence requirements or that, and notes when discretion may be used to provide a service.
For more information about additional eligibility requirements, see:
- 2.1 Common types of immigration status
- 3 Public funds for immigration purposes
- 4 Eligibility for other publicly funded services
Eligibility for public services based on the person or parent’s immigration status (not taking into account any additional residence requirements) | Refugee | Asylum seeker | ARE asylum seeker | ILR/ right of abode | Leave to remain with NRPF | Leave to remain with recourse | EEA national/ family member | Zambrano carer | Without leave (e.g.visa overstayer) |
Public funds for immigration purposes | |||||||||
| Social security benefits | ✓ | × | × | ✓ | × | ✓ | ✓ | × | × |
| Homelessness assistance | ✓ | × | × | ✓ | × | ✓ | ✓ | ✓ | × |
| Allocation of social housing (via local authority) | ✓ | × | × | ✓ | × | ✓ | ✓ | ✓ | × |
Other public services | |||||||||
| Baby box | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| Child maintenance | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| Discretionary housing payment | ✓ | × | × | ✓ | × | ✓ | ✓ | × | × |
| Education – school age | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| Education maintenance allowance | ✓ | × | × | ✓ | × | × | ✓ | × | × |
| Free school meals (P4+) | ✓ | ✓ | ✓ | ✓ | ? | ✓ | ✓ | ? | ? |
| FE & HE funding | ✓ | × | × | ✓ | ✓ | ✓ | ✓ | × | × |
| Government funded childcare | ✓ | ? | ? | ✓ | ✓× | ✓ | ✓ | ✓ | × |
| Legal aid | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| National Entitlement Card | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| NHS – GP services | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| NHS – free hospital treatment | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | × |
| School uniform grants | ✓ | ✓ | ✓ | ✓ | ? | ✓ | ✓ | ? | ? |
| Social services’ assistance | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
Key | ✓ | Will meet immigration criteria or there are no immigration criteria. Must also meet any other criteria, e.g. residence requirements | ✓× | May be eligible for some schemes |
× | Will not meet immigration criteria | ? | Discretion may be used |
Note: “Leave to remain with NRPF” includes, for example, BN(O) visa holders. “Leave to remain with recourse” includes, for example, Ukraine Scheme visa holders. For more information about types of immigration status and whether they are typically issued with or without recourse to public funds, please see Section 2.3 Who Has Recourse to Public Funds.