Refugees and others in the UK for protection - Exemptions from some barriers to benefits

Check through the information below to see if you are exempt from some of the benefit rules that would otherwise prevent or delay you claiming benefit. The groups that these exemptions apply to vary between the different benefits. 

Means-tested benefits  

The means-tested benefits that you may be able to make a new claim for are:  

• Universal Credit 
• Pension Credit  
• Housing Benefit  
• Council Tax Support 

You can claim these benefits straight away (because you are exempt from the habitual residence test for means-tested benefits ) if you:  

• Have refugee leave 
• Have humanitarian protection 
• Lived in Ukraine until the end of 2021 and left in connection with the Russian invasion in February 2022 and you have leave in the UK or you are British or Irish  
• Left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK 
• Left Sudan in connection with the violence that escalated from April 2023 and you were living in Sudan before then and you have leave in the UK or you are British or Irish
• Have been granted leave outside the Immigration Rules - including Discretionary Leave 

Note: For council tax support, the groups exempt from the Habitual Residence Test are broadly the same as for housing benefit and are therefore broadly include those listed above. However, there are some slight differences and these vary between England, Wales and Scotland. If you are refused council tax support, get advice.  

You can use the Turn2us benefits calculator to check how much means-tested benefits you may be entitled to. 

Disability and carer benefits  

If you need to claim one of these disability and carers benefits:  

• Adult Disability Payment (in Scotland)  
• Attendance Allowance 
• Carer's Allowance 
• Carer's Element of Universal Credit 
• Child Disability Payment (in Scotland) 
• Disability Living Allowance 
• Personal Independence Payment 

You can claim these benefits straight away (because you are exempt from both the past presence test and the habitual residence test) if you: 

• Have refugee leave  
• Have humanitarian protection 
• Have leave as the dependent family member of someone who has either refugee leave or humanitarian protection 
• Lived in Ukraine until the end of 2021 and left in connection with the Russian invasion in February 2022, and you have leave in the UK or you are British or Irish  
• Left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK  
• Left Sudan in connection with the violence that escalated from April 2023 and you were living in Sudan before then and you have leave in the UK or you are British or Irish

Sure Start Maternity Grant and Best Start Grant  

If you have a child under 16 who became part of your family before you came to the UK, and you are now pregnant or have just had a baby or become responsible for a child under one year old, your older child does not prevent you from getting a Sure Start Maternity Grant or, if you are in Scotland, prevent you getting the higher rate of a Best Start Grant pregnancy and baby payment if you:  

• Have refugee leave  
• Have humanitarian protection 
• Lived in Ukraine until the end of 2021 and left in connection with the Russian invasion in February 2022, and you have leave in the UK or you are British or Irish  
• Left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK  

Child benefit  

You can claim child benefit without needing to have been living in the UK for the past three months if you: 

• Have refugee leave 
• Have humanitarian protection 
• Have been granted leave outside the Immigration Rules with no restriction on claiming public funds. 
• Lived in Ukraine until the end of 2021 and left in connection with the Russian invasion in February 2022 and you have leave in the UK or you are British or Irish  
• Left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK 
• Left Sudan in connection with the violence that escalated from April 2023 and you were living in Sudan before then and you have leave in the UK or you are British or Irish

If you have very recently been granted refugee leave (not humanitarian protection or any other type of leave) you can claim Child Benefit and Guardian’s Allowance backdated to the date of your asylum application. 

To get the benefit backdated to the date you claimed asylum, you must claim Child Benefit (and Guardian’s Allowance if relevant) within three months of receiving the notification from the Home Office that you have been granted leave as a refugee.  If the Home Office notification is sent to your solicitor, you must claim Child Benefit (and Guardian’s Allowance if relevant) within three months of the date your solicitor receives the notification.