Some persons from abroad may be left destitute and without access to support under Immigration & Asylum Act 1999, Children Act 1989 or Care Act 2014. Accessing alternative support from a local authority under section 1 Localism Act 2011 (formerly section 2 Local Government Act 2000) has always been an uphill struggle. Pending changes to the Immigration Rules introduce a further complication. From 6 April this year support under section 1 will count as "public funds" for immigration purposes. The change seems designed to limit access to Local Welfare Provision (introduced to replace the DWP Social Fund). But it is widely drafted, and potentially covers any financial support under section 1. So if a person has leave to remain here subject to a condition that he or she should have no recourse to public funds, then accepting support under section 1 may amount to a breach. Advisers beware.
'In paragraph 6, in the definition of “public funds” at the end of sub-paragraph (f) delete “.” and add “; ... (i) a discretionary payment made by a local authority under section 1 of the Localism Act 2011.'