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Recent U.K. residents – Can I claim?

Certain people are not entitled to Housing and Council Tax Benefit because they are considered a “person from abroad”. This chapter will help you decide if you can or can’t claim Housing and Council Tax Benefit.

Am I considered a person from aboard?

There are three tests to apply in deciding if you are a person from abroad:

  1. The immigration status test;
  2. The right to reside test;
  3. The habitual residency test.

If you pass these tests you will be eligible to claim Housing and Council Tax Benefit.

The Immigration Status Test

This means that your entry conditions to the U.K. give you less than full rights to remain and work here. You are considered a person subject to immigration control if:

If you are subject to immigration control and you do not meet the following conditions you are not entitled to claim Housing and Council Tax Benefit irrespective of how long you have lived here.

The Right to Remain Test

You have the right to reside in the U.K. if you are:

I have the right to reside in the U.K. but I am a pensioner, lone parent or I am looking for work

All European Economic Area residents have the right to reside in the U.K. for an initial 3 month period without the need to be economically self sufficient, however, persons who fit this condition will need to demonstrate that:

EEA Nationals who have little prospect of finding work or becoming self sufficient may be considered an unnecessary burden and will not qualify for benefit.

EEA Nationals are nationals of Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain and Sweden.

Habitual Residency Test

In deciding whether you are habitually resident in this country we will make an informed judgement about:

You will be treated as being habitually resident if:

Special notes about Asylum Seekers

An asylum seeker is not entitled to claim Housing and Council Tax Benefit until their application for asylum and refugee status has been granted.

Between arriving in the U.K. and the granting of their status as a refugee an asylum seekers only rights are through the Home Office asylum support scheme managed by the National Asylum Support Service (NASS). During this period an asylum seeker is not entitled claim Housing and Council Tax Benefit.