Section 17 training - Project 17

Question 1

Public funds defined by…

Answer 1

para 6 of the IR.

Includes most on the main welfare benefits, social housing (eg council housing and homelessness support).

Does NOT include benefits based on NI contributions.

Question 2

The definition of ‘in need’ in the Children Act is very broad:

Answer 2

a child will be ‘in need’ if he or she cannot achieve or maintain a reasonable standard of health or development. A child will also be in need if he or she is disabled.

Question 3

Schedule 3 exclusion

Answer 3

Schedule 3 of NIAA 2002 excludes certain adults for accessing s.17 support because of their immigration status (includes those who need leave and do not have it).

Nb there is an exception to the exclusion, if failing to provide support would breach a person’s ECHR rights (this issue is referred to as the “human rights assessment”)

Question 4

R (Clue) v Birmingham CC [2010] EWCA Civ 460

Answer 4

If the family has an outstanding application for LTR based on HR grounds, this is a legal barrier to return. Where there is a legal barrier to return, the LA cannot just advise the family to return to their country of origin