Benefits for migrants: tools and templates
Our tools and templates about benefits for migrants help you correctly identify your client's legal position in this complicated area of welfare rights law and help you challenge unfavourable decisions.
Tools and templates
Are you a 'person subject to immigration control'?
Use our tool to check if your immigration status means you count as a 'person subject to immigration control' and to understand how this affects your entitlement to benefits.
Do you have a right to reside?
Use our tool to check if you count as having a right to reside for benefit purposes and to understand how this affects your entitlement to benefits.
Pre-settled status under the EUSS and universal credit
A claimant with pre-settled status under the EU Settlement Scheme, who does not have a qualifying right to reside for universal credit (UC) purposes, may be able to rely on SSWP v AT (AIRE Centre and IMA Intervening) [2022] UKUT 330 (AAC); SSWP v AT [2023] EWCA Civ 130 to establish entitlement to UC. See our test case page for information and resources for advisers.
Appeal submission templates
Appeal submission templates which relate to SSWP v AT:
EU national with pre-settled status refused universal credit under SSWP v AT because DWP say that they are outside the personal scope of article 10 of the Withdrawal Agreement
This template is for use in an appeal case where DWP have said that a claimant with pre-settled status does not fall within article 10 of the Withdrawal Agreement (due to not having an EU law right of residence at 31 December 2020). The submissions repeat arguments on this point made by the3million in a homelessness appeal in the County Court (the3million instructed Public Law Project and were represented as interveners by Tom Royson of Garden Court North and Charles Bishop of Landmark Chambers).
File type / size
10-scope-for-EU-national - FINAL /
30.64kb
Last updated
Mar 2024
Appeal submissions where DWP say, without explaining why, that SSWP v AT cannot apply to a third country national issued pre-settled status as family member of EU national
Appeal template where DWP say SSWP v AT cannot apply because the Appellant is not an EU national but someone with pre-settled status as family member of an EU national
File type / size
docx /
52.24kb
Last updated
Mar 2024
An appeal submission template for Ukrainian nationals (which could be adapted for nationals of certain other countries) who have been granted pre-settled status, and whose UC has ended on the basis they no longer satisfy the habitual residence test:
Ukrainian national who arrived in the UK after the 2022 invasion receives pre-settled status and then refused universal credit
This template is intended for use in the event that a Ukrainian national awarded UC is subsequently granted pre-settled status and, as a consequence, UC comes to an end on the basis that the claimant no longer satisfies the habitual residence test. In suitable cases, it may be possible to adapt the template to suit specified individuals who had previously arrived from Sudan, Israel, and Palestine.
File type / size
doc /
86.00kb
Last updated
Mar 2024
Refugee making new claim for universal credit
Use our template journal messages for a refugee making a new universal credit claim:
Template journal messages for a refugee making a new claim for Universal Credit
This document provides templates for messages which can be posted in the claimant’s online UC journal regarding some of the key requirements for a person making a new claim for UC after having recently been granted leave further to an asylum claim and should be used before sending a pre-action letter.
File type / size
docx /
24.80kb
Last updated
Dec 2023
Judicial review pre-action letter templates
If you are an adviser, check our judicial review pre-action protocol template letters:
Before using these letters, contact our Judicial Review Project ([email protected]) for advice on whether judicial review is the appropriate route, and for help with adapting the templates.