If you are a citizen of, or are a family member of a citizen of an EEA country, you may be able to claim some welfare benefits for yourself and your family whilst you are living in the UK. The rules are slightly different for citizens of the A8 and A2 countries (see below). If you are an EEA citizen entering the UK and you make a claim for welfare benefits or Tax Credits (see below) you will normally be subject to an “habitual residence test”. This will apply to you even if you are a UK citizen returning from living abroad. You will only be entitled to receive benefits and Tax Credits if it is agreed that you are habitually resident in the UK. Amongst other things, the habitual residence test will look at whether or not you have a ‘right to reside’ in the UK. You will normally have to be a worker or a work seeker to pass this part of the test. Some workers who are temporarily unable to work due to illness can have a right to reside, as can the family members of an EEA worker – such as a wife. Benefits you may be able to claim are:

- Working Tax Credit – if you are on a low income
- Child Tax Credit – if you are on a low income and have children
- Jobseeker's Allowance – if you are out of work, but looking for work
- Income Support - if you are unwell,  if you cannot work because of sickness or disability and not entitled to statutory sick pay, the benefit you now need to claim  is Employment and Support Allowance.

- Housing Benefit – if you pay rent and have a low income

Some other benefits, such as Disability Living Allowance - which is paid to people (including children) with long term disabilities - have special rules about how long you need to have been living in the UK before you can make a claim.

For information about how to make a claim for welfare benefits or Tax Credits see the further information section of these pages. Remember to take independent advice before you make your claim. A list of the people who can give you advice is also given in the further information section.

The rules about welfare benefits and Tax Credits are a little more complicated for citizens of A8 and A2 countries. The same “habitual residence test” that is described in the above section will apply, but A8 citizens will normally only pass the test if they are a worker or the family member of a worker. The A8 countries are Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia. A2 citizens from Romania and Bulgaria will need to have an ‘accession work card’ or be exempt from the requirement to have one. If they meet these criteria, they will normally be treated the same way as other EEA citizens for benefit purposes.

Refugees and people with Exceptional Leave to Remain, Discretionary Leave or Humanitarian Protection are normally able to claim welfare benefits and Tax Credits, but some benefits may have special rules about how long you must have been living in the UK before you can claim them.

 

It is really important to take independent advice before making a claim for benefit. When you go for advice, it is useful if you can give as many details as possible to the person who you speak to (such as what country you are from, when you arrived in the UK, whether or not you are working, and details about your family members).

 

If you are from outside the EEA the adviser will probably need to see your passport and any immigration papers that you have.