Example
Mr A, who is a European Economic Area (EAA) national, applied for a crisis grant as he had stopped working due to illness. He had applied for Employment Support Allowance (ESA), but the Department of Work and Pensions (DWP) had refused his application. He was without money for food, gas or electricity.
The council declined Mr A's application on the basis that he had 'no recourse to public funds' (NRPF). The council had assessed that because Mr A had failed his habitual residency test, he had NRPF.
Mr C, who works for a housing association, requested an independent review on behalf of his client (Mr A). We received the council's file and considered the available evidence and SWF guidance. We assessed that the council had incorrectly concluded that the applicant had no recourse to public funds (NRPF) status. As an EEA national, Mr A would not typically be subject to a condition of NRPF. We also noted that the applicant was in receipt of housing benefit, which is a benefit derived from public funds. As s6.10 and 6.11 of the guidance make clear that awards can be made in the applicant’s situation, we upheld the review request. We instructed the council to make an award of £87.72 to Mr A.