‘Subject to immigration control’

An individual who is ‘subject to immigration control’ is not usually eligible for Scottish Adult DLA.

An individual is ‘subject to immigration control’ if they:

• require leave to enter or remain in the UK and do not have it;
• have leave to enter or remain subject to the condition that they do not access public funds (known as ‘No Recourse to Public Funds’/NRPF); or
• have been awarded leave to enter or remain in the UK on the condition that someone will be responsible for their maintenance (known as a ‘maintenance undertaking’). (Scottish Adult DLA Regs, Reg 10(1)(c))

Some people who are ‘subject to immigration control’ may still be eligible for Scottish Adult DLA. For example, where someone is:

• working in the UK and is a national of Morocco or Tunisia;
• a family member of, and living with, the person to which this exemption applies; or
• where they have been given leave to enter or remain in the UK by the Secretary of State upon an undertaking by another person, in accordance to the immigration rules, to be responsible for their maintenance and accommodation (Scottish Adult DLA Regs, Reg 10(5))