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

Non-EEA nationals and people who came to the UK after 31 December 2020 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
  • Carer's Allowance
  • Child Benefit
  • Child Tax Credit
  • Council Tax Support
  • Disability Living Allowance (DLA)
  • Income-related Employment and Support Allowance
  • Housing Benefit
  • Income Support
  • Income-based Jobseeker's Allowance 
  • Local Welfare Assistance (except in Wales)
  • 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/ New Style ESA, Bereavement Support Payment, State Pension), though you would have had to have paid sufficient national insurance contributions to qualify
  • Statutory payments (Statutory Sick Pay, Statutory Maternity Pay, Statutory Adoption Pay, Statutory Paternity Pay 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 any benefit you can apply for, including the residence and presence rules.

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