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Welfare Benefits Handbook 2025/26
This content was last updated:
01 Dec 2025
Chapter 57 Coming from abroad: residence rules
Welfare Benefits Handbook 2025/26
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Welfare Benefits Handbook 2025/26
Part 9: Immigration and residence rules for benefits
Chapter 57 Coming from abroad: residence rules
Back to previous
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
This chapter describes the residence and presence rules that affect your entitlement while you are in Great Britain. If you go abroad, see Chapter
58
.
If you (and your partner and child) are not a British or Irish citizen, before using this chapter check
Chapter 56
to see if your (or their) immigration status means you (or they) are excluded from benefits as a ‘person subject to immigration control’.
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CPAG. "Chapter 57 Coming from abroad: residence rules." In
Welfare Benefits Handbook 2025/26.
, 2025. Accessed March 12, 2026.
CPAG,
https://askcpag.org.uk/?id=-265876CITANCHOR.
CPAG. "Chapter 57 Coming from abroad: residence rules." In
Welfare Benefits Handbook 2025/26.
, 2025. Accessed March 12, 2026. https://askcpag.org.uk/?id=-265876CITANCHOR.
Contributor(s):
CPAG
Title:
Welfare Benefits Handbook 2025/26
Site name:
CPAG
Publisher:
Publication date:
March 21, 2025
Date accessed:
March 12, 2026
URL:
https://askcpag.org.uk/?id=-265876CITANCHOR
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