Can you get UK State benefits?

Working out which State benefits you can claim if you are not a UK citizen is difficult. This page outlines the rules and suggests organisations that can help.

You can also find out more about State help in the following sections of this website:

• Benefits and entitlements for families;
• State help if you or your child has a disability; and
• Tax credits: extra money for families.

The law about your rights to live, work and claim State benefits in the UK is very complicated.

This page can give only a brief outline. The decisions in your own case will depend on your particular circumstances, so always get advice (see Useful contacts).

If you are a UK or EEA citizen

UK citizens

If you are a citizen of Britain or Northern Ireland, generally you are entitled to any UK State benefit. But you must meet the conditions for the particular benefit, such as having a low income or having paid enough National Insurance contributions. Jobcentre Plus (Jobs and Benefits Office in Northern Ireland) can give you details (see Useful contacts).

European Economic Area (EEA) nationals

If you want to live here longer than three months, you must be financially self-sufficient (see below), self-employed or count as a ‘worker’. Generally, you count as a worker if you are:

• an employee;
• off work temporarily because of illness or maternity/paternity/adoption leave; or
• seeking work, provided you have a reasonable chance of finding it.

If you are self-employed or a worker, you, and usually your family living here with you (whether or not they are EEA nationals), can claim the same State benefits as a UK citizen.

A8 and A2 nationals

However, restrictions apply if you are a worker from one of the A8 or A2 countries.

If you have a job, as an A8 national, you must register with the Worker Registration Scheme for the first 12 months. A2 nationals must get a worker authorisation document. Contact the UK Border Agency for more information (see Useful contacts).

You can claim some State benefits (such as tax credits and Child Benefit), but not out-of-work benefits (such as Jobseeker’s Allowance). If you do not register or get authorisation, you can’t claim any State benefits.

After 12 months uninterrupted employment you have the same rights as other EEA nationals.

You may live in the UK while you seek work, but only if you are financially self-sufficient or have been in registered/authorised employment for more than 12 months.

These restrictions do not apply if you are self-employed, but you do need to register with HM Revenue & Customs for tax purposes (see Useful contacts).

Self-sufficiency

To be financially self-sufficient, you must have enough resources of your own to support yourself and any family who live with you, without relying on public funds, and you must have medical insurance. Public funds include child benefit, Health in Pregnancy Grant and means-tested benefits (such as tax credits, Income Support, Council Tax Benefit, Housing Benefit and Local Authority Housing). Public funds do not include State benefits you qualify for because you have paid enough contributions (such as contribution-based Jobseeker’s Allowance if you become unemployed) or housing from a housing association. You may be able to get temporary state help in an emergency.

Claiming State benefits if you are not allowed access to public funds is a criminal offence and could affect your right to stay in the UK. Get advice before making any claim (see Useful contacts). Spouses, civil partners and children usually have similar access to UK benefits as the main immigrant. Get advice if you are an unmarried partner, more distant relative or your marriage breaks down.

If you have come to the UK from outside the EEA

The right to claim UK State benefits closely follows immigration law. So if you have an unrestricted right to live in the UK, you can usually claim State benefits. But if you are a person subject to immigration control you will be excluded from most benefits.

Refugees

A refugee is someone who is unable or unwilling to return to their own country because of a well-founded fear of persecution. You can apply for refugee status either before or after entering the UK. If you apply after arriving, you will be classed as an asylum seeker (see below) while your case is being decided.

Once you have been granted refugee status, you have the same rights to claim state benefits as a UK citizen.

Asylum seekers

An asylum seeker is someone who has applied for refugee status (see above) and who is waiting for their case to be decided. You may have come to the UK for other reasons, in which case your application might not succeed. But you might be given leave to stay for humanitarian reasons.

Asylum seekers cannot claim any state benefits but can apply for subsistence and housing through the UK Border Agency.

Coming to work or study in the UK

The UK operates a points-based system. Points are awarded for attributes (such as qualifications and expected earnings), English language skills and having sufficient funds to maintain yourself. You apply under one of five tiers. Tier 1 is for highly skilled individuals who may be allowed entry without having a specific job arranged. If you are in Tiers 2 to 5 (covering skilled workers, students and temporary workers), you must be sponsored by an employer or educational institution. You are normally required to be financially self-sufficient, but the UK and European Union (EU) have agreements with some countries (such as Turkey and New Zealand) which might allow you to claim some State benefits, such as Child Benefit.

If you are a Tier-1 or Tier-2 migrant, after living here for five years, you may apply to settle permanently in the UK. If you are given ‘leave to remain indefinitely’ and are no longer subject to immigration controls, you may claim State benefits in the same way as a UK citizen.

Other immigrants

There is now only very limited scope for non-working, non-EEA migrants to come to live in the UK. Where this is allowed, you will be subject to immigration control and allowed to live in the UK only if you are financially self-sufficient (see above) or someone already living in the UK agrees to support you.

The eligibility rules for selected benefits

Here is a table of who may be eligible for the main child-related benefits, provided you also meet the particular conditions for each State benefit.

Status of main immigrant1	Health in Pregnancy Grant	Child Benefit	Working Tax Credit	Child Tax Credit	Maternity Allowance
UK citizen	√	√	√	√	√
EEA citizen: unrestricted, worker	√	√	√	√	√
EEA: A8 national, worker, registered, first 12 months	√	√	√	√	√
EEA: A2 national, worker, authorised, first 12 months	√	√	√	√	√
EEA: A8 or A2 national, seeking work during first 12 months	×	×	×	×	√
EEA national: self-employed	√	√	√	√	√
EEA national: not working or seeking work	×	×	×	×	√
Refugee	√	√	√	√	√
Asylum seeker	×	×	×	×	×
Non-EEA worker or student or other person subject to immigration control	×2	×2	×2	×2	√
Person given leave to stay indefinitely and no longer subject to immigration control	√	√	√	√	√

¹ This normally also determines the eligibility of family members, for example the right of an accompanying wife to claim Child Benefit.

² Unless allowed under an agreement between the UK or EU and your home country.

Health in Pregnancy Grant

Cash lump sum of £190 paid from 25th week of pregnancy provided you are getting pregnancy advice from a doctor or midwife. Although the cash can be used in any way, it is intended to help expectant mothers stay well, for example by eating a healthy diet.

Child Benefit

Weekly cash for each child you look after. Both you and the child must live in the UK. Your child counts as living here even if they are temporarily away for periods up to 12 weeks, periods of any length to attend school or college in another EEA state or Switzerland, are on an educational exchange, or have gone abroad to receive medical treatment.

Working Tax Credit

Extra cash if you work but your income is low, as well as help with childcare costs. No restrictions on unregistered or unauthorised people from A8 or A2 countries claiming, but you would be working illegally in that case.

Child Tax Credit

Extra cash if you have a low income and children, regardless of whether you work.

Statutory Maternity Pay (SMP), Statutory Paternity Pay (SPP), Statutory Adoption Pay (SAP)

Pay from your employer while you are on leave because of the birth or adoption of a child. These do not count as State benefits but as pay, so anyone who is working may get them regardless of immigration status.

Maternity Allowance

Cash if you are not eligible for SMP. To qualify you must have paid sufficient National Insurance contributions. This benefit does not count as public funds, so you may be eligible even if you are required to be self-sufficient.

Useful contacts

For immigration issues

UK Border Agency
Immigration Enquiry Bureau: 0870 606 7766
Asylum Support: 0845 602 1739
www.ukba.homeoffice.gov.uk

For a list of all agencies allowed to give immigration advice

Office of the Immigration Services Commissioner
Tel: 0845 000 0046
www.oisc.gov.uk

For advice on State benefits, immigration and other matters

• Citizens Advice Bureau (England, Wales and Northern Ireland)
  See phone book
  www.citizensadvice.org.uk (England and Wales)
  www.citizensadvice.co.uk (Northern Ireland)
• Citizens Advice Scotland
  See phone book
  www.cas.org.uk

Job search and claims for most State benefits for people of working age

• Jobcentre Plus (Great Britain)
  See phone book
  www.direct.gov.uk/jobseekers
• Local Jobs and Benefits Office or Social Security Office (Northern Ireland)
  See phone book
  www.delni.gov.uk

To register as self-employed

HM Revenue & Customs
Tel: 0845 915 4515
www.hmrc.gov.uk/selfemployed/iwtregister-as-self-employed.htm

Health in Pregnancy Grant

Your midwife or doctor
Tel: 0845 366 7885
www.hmrc.gov.uk/hipg

Child Benefit

HM Revenue & Customs
Tel: 0845 302 1444
www.hmrc.gov.uk/childbenefit

Tax credits

HM Revenue & Customs
Tel: 0845 300 3900
www.hmrc.gov.uk/taxcredits

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