Right to Reside - Derived Right to Reside

Derived rights to reside can be complicated, and may be affected by the UK having left the European Union. We recommend you speak to an adviser about your current rights in the UK.

Which benefits?

If you have the correct derived right to reside and you pass the habitual residence test, you can claim:

• Universal Credit
• Income Support
• Income-based Jobseeker’s Allowance
• Income-related Employment & Support Allowance
• Pension Credit
• Housing Benefit

If you have the correct derived right to reside and you are ordinarily resident in the UK, you can claim:

• Working Tax Credit
• Child Tax Credit
• Child Benefit
• Guardian’s Allowance

Do I have a derived right to reside?

You may have a derived right to reside if on 31 December 2020 you:

• Care for an EEA national who is self-sufficient (and does not need benefits)
• Have worked in the UK and you care for a child who is in school

You also have a derived right to reside if you care for a British citizen, but you cannot claim any benefits with this status. You may wish to check if you can claim settled status instead.

How long do I have a derived right to reside?

All EEA derived rights to reside will no longer apply from 30 June 2021. If you have not yet applied for the settled status scheme, you should do so now.

If you care for an EEA national who is self-sufficient, your derived right to reside continues until you stop caring for them.

If you have worked in the UK and you care for a child who is in school, your derived right to reside stops when they leave school, or when they leave your care, whichever is soonest.

If your derived right to reside ends and you don’t have another right to reside, your benefit claims will stop.  You can check whether you have another right to reside on our Types of Rights to Reside page.