Claiming Housing and/or Council Tax Benefit if you are a Person from Abroad

Housing and/or Council Tax Benefit is only available to people who:

• Are Habitually Resident in the Common Travel Area - this includes the United Kingdom, Republic of Ireland, Channel Islands and the Isle of Man, AND
• Are lawfully present in the UK, OR
• Have the Right to Reside in the UK and are able to have recourse to public funds.

To be eligible for Housing and/or Council Tax Benefit you must be either exempt from or satisfy an Immigration Status Test and an Habitual Residence Test.

Evidence of Nationality

We will need to see documents such as passport, national identity card, residence permit, worker's registration card (A8), accession work card (A2)

People who are exempt, from both the Immigration Status and Habitual Residence Tests

Some people are exempt from both of the tests. These include those who:

• Are in receipt of Income Support, Job Seekers Allowance (income based), Employment Support Allowance (income based) or the Guarantee Credit element of Pension Credit.
  
• Are granted exceptional or discretionary leave to remain
  
• Are from a European Economic Area (EEA) country with a 'worker status' - see below for further information on this.

EEA18 Countries

Special Status

Switzerland - Switzerland is treated as an EEA18 Country

If you are a EEA18 national and fall under any of the following categories you can claim benefit provided that you also satisfy the normal general rules for Housing and/or Council Tax Benefit.

• You and/or your partner are working either as an employee or self employed
  
• You and/or your partner are a worker who has retained your worker status but are currently temporarily unable to work due to an illness/ accident
• You and/or your partner have lost your job and have worked for at least one year and are signed on with the Department for Work and Pensions (Jobcentre Plus)
• You and/or your partner are self employed persons who have retained worker status if you or your partner are temporarily out of work through illness or an accident.
• Once you have been in the country for 5 years, legally you are habitual resident and you will be treated in the same way as if you were a UK Citizen.

A8 Nationals

• A registered Worker. On the Worker Registration Scheme - you will receive a Worker Registration Card.
• A worker who is not required to register. This group includes; persons who have worked uninterrupted in the UK with a registration card for a minimum of 12 months*; family members of EEA18 nationals.
• Self Employed
  
  *If a registered worker leaves their job within the first 12 months, they stop being treated as a registered worker. However, breaks of up to 30 days in total over the first 12 months can be ignored.

A2 Nationals

A2 Countries

• Worker with an accession worker card
• Some skilled migrants
• Some low skilled workers
• Self-employed

To SATISFY the Habitual Residence and Immigration Tests and have the Right to Reside in the UK

Habitual Residence Test

Provided you are not subject to Immigration Control, a decision must be made as to whether you are 'Habitually Resident' here.

In deciding whether you are habitually resident here we will look at such things as:

• Why you came to the UK
• How long you have lived here
• Whether you intend to settle here and make a home here
• Your pattern of living here.

Immigration Status Test

Under the Immigrations Status Test we have to establish the terms of your entry to stay in the UK. Claimants who do not satisfy the test are called 'people subject to immigration control' and are not entitled to Housing and/or Council Tax Benefit.

Right to Reside Test

The right to reside is simply a requirement that a person can show they have a legal right to reside in the UK.

We may have to contact the Home Office or Department for Work and Pensions to confirm any information you have given and to obtain further relevant information.

This information is for guidance only. Please contact us to talk about your individual circumstances and we will be able to give you more information.