The Migrant Cannot Maintain And Accommodate themselves Without Using Public Funds:
The Home Office can curtail the leave of the migrants claiming public funds under paragraph 323 (i) with reference to both 322(3) and 322 (4) of the Immigration Rules, if: they have received any of the public funds listed in paragraph 6 of the Immigration Rules, and their grant of leave required them to maintain themselves and any dependants without using public funds,
WHEN NOT CURTAIL LEAVE:
You must not consider curtailing a migrant’s leave if they are entitled to access the public funds due to an exception. In this case the migrant has complied with the Immigration Rules about public funds. Public funds that can be claimed due to exceptions. As the reasons for curtailment are discretionary, you should not automatically curtail a migrant’s leave if they have accessed public funds to which they are not entitled. It may be appropriate to use discretion.
You must take account of any mitigating factors when considering whether curtailment is appropriate. For example, depending on circumstances, it may not be appropriate to curtail a migrant’s leave if they only accessed public funds for a short period to cover an emergency.
If a points-based system (PBS) migrant lost their job through circumstances outside their control and accessed public funds for one month to support their family, before getting permission to undertake alternative long-term employment, curtailment may not be appropriate.