People from abroad: what benefits can they claim?

This note gives a broad overview of the rules on access to benefits and tax credits for people coming to the UK from abroad. It describes the situation for asylum seekers, nationals from European Economic Area (EEA) countries, and non-EEA nationals.

The rules on eligibility for benefits for people coming to the UK from abroad are one of the most complex areas of welfare rights law. Whether or not a person can claim benefits and, if so, which benefits, may depend on a number of factors. These include nationality, immigration status (and any conditions attached to it), the circumstances under which the person arrived in the UK, whether they are deemed 'habitually resident, whether they are in work or looking for work, and whether they arrived alone or with other family members. Many other factors may be relevant.

This note gives a broad overview of the rules on access to benefits and tax credits for people coming to the UK from abroad. It describes the situation for three groups:

• Asylum seekers
• Nationals from countries which are not part of the European Economic Area (EEA)
• EEA nationals

ESO: Background information: Changes to benefits rules must be seen in context of broader reform push http://www.europeansources.info/record/changes-to-benefits-rules-must-be-seen-in-context-of-broader-reform-push/

United Kingdom: House of Commons: Library: Briefing Paper, No.6889, 17.06.15: Measures to limit migrants’ access to benefits http://researchbriefings.files.parliament.uk/documents/SN06889/SN06889.pdf

The Local.de, 14.08.15: 'High' asylum benefits need review: minister http://www.thelocal.de/20150814/de-maiziere-refugee-benefits-must-be-reviewed

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