Date lodged: 23 April 2019
To ask the Scottish Government whether it will provide a summary of its legal understanding of "no recourse to public funds" in the UK Immigration Rules.
Answered by: Ben Macpherson 1 May 2019
Immigration is reserved to the UK Government. The UK Government has published guidance on how it makes decisions about what public funds third country nationals can claim and which benefits count as public funds for the purposes of the UK Immigration Rules: https://www.gov.uk/government/publications/public-funds--2/public-funds
The Scottish Government has funded an update to the Scottish guidance on No Recourse to Public Funds following a recommendation by the Scottish Parliament’s Equalities and Human Rights Committee in 2017. The new guidance was commissioned by COSLA and provides information for local authorities to allow them to understand the complex legal frameworks that shape eligibility for public services, and the obligations of local authorities in relation to legislation and human rights duties: http://www.migrationscotland.org.uk/migrants-rights-entitlements/introduction/1-1-how-use-guidance .