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Welfare Benefits Handbook 2025/26
This content was last updated:
01 Dec 2025
Part 9: Immigration and residence rules for benefits
Welfare Benefits Handbook 2025/26
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Welfare Benefits Handbook 2025/26
Part 9: Immigration and residence rules for benefits
Back to previous
Part 9: Immigration and residence rules for benefits
Chapter 56: Coming from abroad: immigration status
Key facts
1. Immigration status
Who is a 'person subject to immigration control’
Evidence of immigration status
European Union Settlement Scheme
You require leave to enter or remain but do not have it
Your leave has a 'no recourse to public funds' condition
Your leave was given as a result of a maintenance undertaking
You are appealing a refusal to vary your previous leave
2. Benefits affected by immigration status
Exempt groups
Means-tested benefits
Social fund and other payments
Disability, carers' and child benefits
3. Partners and children
Means-tested benefits
Universal credit
Housing benefit
Pension credit
Income-related employment and support allowance
Non-means-tested benefits
4. National insurance numbers and contributions
Exemption from the national insurance number requirement
National insurance contributions
5. Asylum seekers and refugees
Asylum seekers
Refugee and other leave granted after an asylum application
Backdating child benefit, guardian’s allowance and tax credits
Integration loans
Chapter 57 Coming from abroad: residence rules
Key facts
1. Introduction
Which rules apply
2. The different residence and presence tests
Presence
Past presence
Residence
Ordinary residence
3. Habitual residence
The habitual residence test
If you fail the habitual residence test
Who is exempt from the habitual residence test
Establishing you are 'habitually resident in fact'
4. Right to reside
Means-tested benefits
The type of residence right you need
Pre-settled status
If you have been receiving benefits since April 2004
Child benefit
The type of residence right you need
5 Who has a right to reside
British and Irish citizens
European and non-European nationals
European Union Settlement Scheme
Benefit entitlement
Protected groups who can have European free movement residence rights
European free movement rights: checklist
Croatian, A2 and A8 nationals
Initial right of residence
Jobseekers
Providing evidence
Benefit entitlement
Workers
Self-employed people
Retaining worker or self-employed status
You are involuntarily unemployed and registered as a jobseeker
You are temporarily unable to work because of an illness or accident
You are undertaking vocational training
Pregnancy and childbirth
Moving between groups and gaps
Self-sufficient people and students
Students
Family members
Extended family members
Family members of British citizens
Former family members who retain their right to reside
Derivative right to reside
Child in education
Permanent right to reside
A continuous period of five years
What counts as 'resided legally'
Family members
Permanent residence in less than five years
Frontier workers
6. Rules for specific benefits
Universal credit and other means-tested benefits
Couples claiming universal credit
If your partner is abroad
If your child is abroad
Bereavement benefits
European Union co-ordination rules
Reciprocal agreements
Child benefit, Scottish child payment and guardian's allowance
Child benefit
Scottish child payment
Guardian’s allowance
European Union co-ordination rules
Disability and carers' benefits
When you can be treated as present
Exemptions from habitual residence and past presence test
European Union co-ordination rules
Contributory employment and support allowance
European Union co-ordination rules
Reciprocal agreements
Industrial injuries benefits
European Union co-ordination rules
New-style jobseeker’s allowance
European Union co-ordination rules
Reciprocal agreements
Maternity allowance
European Union co-ordination rules
Retirement pensions
European Union co-ordination rules
Reciprocal agreements
Social fund and other payments
Funeral payments
Maternity grant payments
Winter fuel and heating payments
Chapter 58: Going abroad
Key facts
1. Overview of the rules on getting paid abroad
Which rules apply
UK law
Ordinary residence
Presence and absence
Temporary absence
2. Rules for specific benefits
Universal credit and other means-tested benefits
Universal credit
Income-related employment and support allowance
Housing benefit
Pension credit
Bereavement benefits
European Union co-ordination rules
Child benefit, Scottish child payment and guardian's allowance
Child benefit
Scottish child payment
Guardian’s allowance
European Union co-ordination rules
Disability and carers' benefits
European Union co-ordination rules
Contributory employment and support allowance
European Union co-ordination rules
Industrial injuries benefits
European Union co-ordination rules
New-style jobseeker’s allowance
European Union co-ordination rules
Maternity allowance, incapacity benefit and severe disablement allowance
European Union co-ordination rules
Retirement pension
European Union co-ordination rules
Reciprocal agreements
Statutory payments
European Union co-ordination rules
Chapter 59: European Union co-ordination rules
Key facts
1. Introduction
Overview
The five sets of co-ordination rules
How to check if the co-ordination rules apply
The co-ordination principles
2. Who is covered
Who is covered by Withdrawal Agreement protections
Partial Withdrawal Agreement protections
Who is covered by the main co-ordination rules
When the old co-ordination rules apply
Who is covered by the UK–Ireland Convention
Who is covered by the UK–EU Protocol
Who is covered by the UK–EFTA Convention
Common terms
Subject to the legislation
Member of the family
3. Which benefits are covered
Social security benefits
Disability and carers' benefits
Special non-contributory benefits
Social and medical assistance
4. Principles of co-ordination
The single competent state
When the competent state changes
Equal treatment
Aggregation
Exporting benefits
Overlapping benefit rules
5. Family benefits
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CPAG. "Part 9: Immigration and residence rules for benefits." In
Welfare Benefits Handbook 2025/26.
, 2025. Accessed March 10, 2026.
CPAG,
https://askcpag.org.uk/?id=-265845CITANCHOR.
CPAG. "Part 9: Immigration and residence rules for benefits." In
Welfare Benefits Handbook 2025/26.
, 2025. Accessed March 10, 2026. https://askcpag.org.uk/?id=-265845CITANCHOR.
Contributor(s):
CPAG
Title:
Welfare Benefits Handbook 2025/26
Site name:
CPAG
Publisher:
Publication date:
March 21, 2025
Date accessed:
March 10, 2026
URL:
https://askcpag.org.uk/?id=-265845CITANCHOR
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