If you or your partner have come to live here from outside England, Northern Ireland, Scotland, Wales, the Republic of Ireland, the Channel Islands or the Isle of Man, you may be considered as a person from abroad.
If you have moved to the UK the Housing and Council Tax benefit rules require that we determine whether you are to be treated as a person from abroad and if you are entitled to make a claim for benefit.
1. The Immigration Status Test
2. The Right To Reside Test
3. The Habitual Residency Test
Provided you pass all three tests you will be eligible to apply for Housing and Council Tax Benefit. In order for us to determine if you pass these tests, please download and complete the Moving to the UK form and return it to us with your completed claim for Housing and Council Tax Benefit. Alternatively, you can get a form by calling us on 0113 222 4404. If you choose not to complete the form, we may not be able to progress your benefit claim.
You can post the completed form to us or hand it in at any of our One Stop Centres. If you would like any help or advice, please telephone us on 0113 222 4404 or call into any of the One Stop Centres for assistance.
Please send the completed form back to us as soon as possible. However, do not delay completing and returning your benefit claim form because this additional form also needs completing or you may lose out on benefit if you are entitled.
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1. The Immigration Status Test
The basic principle is:
Are you subject to immigration control?
This means that your entry conditions to the UK give you less than full rights to remain and work here.
- If yes, you are a “person from abroad”.
- If no, you may still be a “person from abroad”.
There is no time limit on this. If a you are subject to immigration control you cannot get benefit no matter how long you have lived here.
However, there are exceptions to this rule:
- If you are a sponsored immigrants whose sponsors have died or who have been here for five years or more.
- If you are a national of Austria, Belgium, Bulgaria, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovenia, Spain, Sweden, the Slovak Republic, Switzerland and Turkey.
- If you have limited leave to remain and your funds have been interrupted for up to a total of 42 days in any one period of limited leave.
- If you are granted refugee status or the new equivalents to exceptional leave (e.g. humanitarian protection.)
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2. The Right to Reside Test
You must show that you have a right to reside in the UK, the Republic of Ireland, the Channel Islands or the Isle of Man (the common travel area).
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3. The Habitual Residency Test
Provided you are not subject to immigration control a decision must be made as to whether you are “Habitually Resident” here. “Habitually Resident” is not defined in the Housing/Council Tax Benefit Regulations and has been subject to legal challenge in the courts.
In deciding whether you are “Habitually Resident” here we shall look at such things as:
- Why you came to the UK.
- Whether you have lived here for an “appreciable period”.
- Whether you have the intention to settle and make a home here.
- Whether you have a settled pattern of living here.
- Why you came to the UK.
In making our decision we shall look at your whole situation to make an informed judgement.
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What if I am an Asylum Seeker?
An asylum seeker is someone normally subject to immigration control who seeks to enter or remain in the UK by applying for asylum as a refugee, or who indicates a fear of being required to return to his or her country of origin.
Asylum seekers entering the UK from 3 April 2000 are excluded from receiving Housing and Council Tax Benefits and other social security benefits.
As an asylum seeker your only rights to support are through the Home Office asylum support scheme managed by the National Asylum Support Service (NASS). Since January 2003 NASS support can be denied to any person who does not apply for asylum immediately on entering the UK.
Once your application for asylum becomes accepted and you are granted refugee status you become entitled to benefit in the normal way.