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Nationals of non-European Economic Area (EEA) countries - Can you claim benefits?

Non-EEA nationals will be subject to immigration rules and their right to benefits will be defined by their immigration status.

Can you claim benefits?

Your immigration status will affect whether or not you can claim most benefits.

You are prevented from claiming the benefits and tax credits listed below if you are a person subject to immigration control.

  • Attendance Allowance
  • Carers Allowance
  • Child Benefit
  • Council Tax Support
  • Child Tax Credit
  • Council Tax Support
  • Disability Living Allowance
  • Income-related Employment and Support Allowance
  • Housing Benefit
  • Income Support
  • Income-based Jobseekers Allowance
  • Local Welfare Assistance
  • Pension Credit
  • Personal Independence Payment
  • Severe Disablement Allowance
  • Social Fund payments
  • Universal Credit
  • Working Tax Credit

You can claim the following benefits regardless of immigration status:

  • Contributory benefits (Contribution-based JSA, contribution-based ESA, though you would have had to have paid sufficient national insurance contributions to qualify
  • Statutory payments (statutory sick pay, statutory maternity, adoption, paternity and shared parental pay) are not affected by your immigration status.
  • Maternity Allowance
  • Industrial injuries benefits

Residence and Presence Rules

In addition to rules that relate to your immigration status you also have to satisfy all the other conditions for that benefit including the residence and presence rules.

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