Section 17 if I am in a mixed status household

In ‘mixed status’ households, e.g. where one parent has recourse to public funds (for example, because they are British) and the other parent has NRPF the parent who has recourse can claim benefits—with some caveats (see below). People with recourse to public funds can access benefits and housing assistance if they meet the relevant qualifying requirements. However, benefit claims made by a parent with recourse cannot 'benefit' the other parent who has NRPF.

In mixed status households, the parent who has recourse can, in theory, claim Universal Credit (UC) as a single person if they qualify to make such a claim (see UC Reg 3(3)). The parent with recourse will receive an allowance as a single person, however the combined income of both parents will be taken into consideration when calculating the amount of UC owed. The parent who has recourse can in theory also claim Housing Benefit/Council Tax Reduction.

However, it is advisable that families with ‘mixed households’ status get immigration advice before proceeding with a claim for benefits . Even if the parent (and any child) with NRPF is not in breach of the conditions of their leave (because it is the parent with recourse who is making the claim), in the case of UC, the Department for Work and Pensions may notify the Home Office of this claim, and/or the fact that the parent with recourse made a claim may come up in future, e.g when the parent/parent and any children with NRPF renews their leave. Any parent or child who is undocumented would also be at risk. In the case of a housing benefit/council tax reduction award, the higher couple’s allowance counts as ‘public funds’, and the local authority may share information about such a claim with the Home Office.

In a mixed status household where the parent who has recourse can’t or isn’t working and is claiming the benefits they are entitled to, and the other parent who has NRPF isn’t working or can’t work, a family may struggle to afford suitable housing, and to also cover their essential living expenses. In such situations, a family with children in the household should:

• First seek specialist benefits advice to make sure they are claiming all that they are entitled to. If relevant, seek immigration advice to understand the potential impacts of claiming any benefits the parent with recourse is entitled to, on the status of the parent/parent and any children with NRPF.
• If when all eligible benefits are being claimed, there may still be a “Child in Need”: seek support from the local authority under Section 17 Children Act 1989. Section 17 of Children Act 1989 states that the local authority has a responsibility towards children ‘in need’ in their area. If a family has a low income, are facing homelessness or destitution then social services can provide support under section 17. This includes financial support and accommodation. The local authority will take into account any benefits being claimed by the parent with recourse, or that they are entitled to claim, when carrying out a Child in Need assessment and deciding whether to accept a duty to support the family. 

For more information on ‘mixed status households’ please see:

• https://www.entitledto.co.uk/help/benefit-rules-for-mixed-citizenship-couples
• NRPF Network guide to benefits eligibility for mixed status households https://www.nrpfnetwork.org.uk/information-and-resources/rights-and-entitlements/benefits-and-housing-public-funds/benefits/mixed-households for more info on what benefits can and can't be claimed in mixed status households
• Specialist benefits advice: Citizens Advice Bureau or the Child Poverty Action Group (CPAG)