Welfare benefits
22 March 2013
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What's new?
The list of 'public funds' has been updated to reflect a change to the Immigration Rules on 1 April 2013.What are welfare benefits?
Welfare benefits are payments given by the United Kingdom (UK) government to certain people on low incomes, or to meet specific needs.Can I claim welfare benefits?
If you have UK immigration permission as a student (or in any other category in which you have the condition, ‘no recourse to public funds’ stamped in your passport) you will not be able to claim most welfare benefits.
If there is a temporary disruption to your funds from abroad, there is some limited provision available but only for certain benefits. See the section What if I have temporarily run out of funds?. If you have worked in the UK, you might be able to claim a benefit based on National Insurance contributions or if you are pregnant or have recently given birth you might be able to claim a maternity benefit such as maternity allowance or statutory maternity pay.
What are 'Public funds'?
‘Public funds’ refers to a specific list in the Immigration Rules of benefits and other payments as listed below. If you have the immigration condition, ‘no recourse to public funds’ stamped in your passport, it is unlikely that you will be able to receive any of these benefits, except where there is a temporary disruption of funds (see Note 2 below).
From 1 April 2013, the Immigration Rules list ‘public funds’ as:
- Universal Credit
- Personal Independence Payment
- Help with housing from the local authority
- Attendance allowance
- Carers allowance (previously invalid care allowance)
- Child benefit
- Council tax reduction (Note that 'council tax reduction' is different from being exempt from council tax. If your dwelling is 'exempt' from council tax, or you are 'disregarded' for the purpose of council tax, then you are not receiving a council tax reduction. See the UKCISA Information Sheet Council tax and international students at www.ukcisa.org.uk/student/info_sheets/council_tax.php if you need more information about this.)
- Domestic rate relief (in Northern Ireland)
- Council tax benefit
- Disability living allowance
- Housing benefit
- Income support
- Income-based jobseeker’s allowance
- Severe disablement allowance
- Social fund payments
- Child tax credit
- Working tax credit
- State pension credit
Income Related Employment & Support Allowance (ESA) is not included in the immigration rules, but this may change. However the 'Other cross-cutting information' section of the Modernised Guidance does include it in the definition of public funds. Therefore you should also regard this benefit as public funds.
Note that the benefits and services listed as ‘public funds’ above do not include access to the National Health Service, education, or any education funding (for example, being assessed as a ‘home’ fee-payer or being eligible for student support). If you are entitled to these, you would not be in breach of your immigration conditions if you claimed them.
What if I have temporarily run out of money?
If you are on limited leave with a 'no recourse to public funds' condition, and are experiencing a temporary disruption of funds, you can claim certain benefits such as income support for a short period, up to six weeks. Prior to 25 January 2010 these payments were urgent cases payments which were paid at a reduced rate of benefit however this has now been abolished and therefore if you qualify under the temporary disruption of funds rule you will be paid the full rate of benefit.
You can also claim housing benefit if you are liable to pay rent, unless you live in Halls of Residence, and council tax benefit under the same qualifying conditions (see Note 2 below). This is an exception to the normal rules and you are allowed to claim these benefits, even while studying full-time. You may also be able to claim working and child tax credits during the period of disruption.
If you satisfy the qualifying conditions outlined below in Note 2, you will not be subject to the 'habitual residence test'
or 'right to reside test'. Most other claimants have to show that they are habitually resident and have a right to reside
in the UK or Channel Islands or Isle of Man or Ireland.
If you receive benefits because of a temporary disruption of funds, this should not affect your immigration status.
What if I do receive 'public funds'?
Apart from the ‘temporary disruption of funds’ exception described above, if you were to receive ‘public funds’ you may be in breach of your immigration conditions. Breaching an immigration condition is a criminal offence and could lead to serious immigration problems, including removal from the UK and difficulties with getting an extension of leave or being allowed to come back to the UK for a specified period of time.
Important noteSome international students are encouraged to apply for benefits by agencies which are not aware that they are in the UK with immigration permission as a student, and that it would be a breach of their immigration conditions to claim this benefit. An example of when this may arise is if a student or their partner has a child whilst in the UK, the midwife or hospital/social work staff may encourage them to apply for Child Benefit or Child Tax Credit by providing the application forms, but the student is not usually permitted to claim these benefits.
The same would also apply to anyone else with the ‘no recourse to public funds’ condition stamped in their passport.
More information on Tax Credits (Working Tax Credit and Child Tax Credit) can be obtained from Her Majesty’s Revenue and Customs (HMRC) at www.hmrc.gov.uk/taxcredits/introduction.htm but it is usually best to get independent advice from your local Citizens Advice Bureau or Law Centre.
What about benefits which are not on the list of 'public funds'?
All other benefits and services are not classified as public funds for immigration purposes and may be claimed by international students who meet the eligibility requirements for the individual benefit without jeopardising their immigration status. However, these are mainly benefits for which you would not qualify anyway: for example, some benefits are based on National Insurance contributions (for example, contributory employment and support allowance and contributory jobseeker's allowance); some are dependent on the person having worked, such as maternity benefits and industrial injury benefit, and some are not available to people subject to UK immigration control.
↑ Back to topWhat if I am a national of the European Economic Area (EEA) or Switzerland?
If you are a national of the EEA or Switzerland, your entitlement to benefits will not be restricted by your immigration status and an EEA or Swiss national cannot be subject to a 'public funds' restriction.
EEA nationals must satisfy the right to reside test and the habitual residence test in order to be entitled to certain benefits. Generally an EEA/Swiss national has a right to reside whilst in the UK as a student. Nationals of Bulgaria and Romania which joined in January 2007 (often referred to as A2 states) also have a right to reside in the UK as a student. A2 nationals have to comply with certain registration rules with the Home Office in order to work and have a right to reside in the UK but this does not apply where an A2 national is a student in the UK.
However, the "right to reside test" for benefits is linked with the "habitual residence test" and is extremely complicated. You should get advice if you are refused benefit under these rules. You cannot be asked to leave the UK as an EEA/Swiss national simply for claiming benefits. The UK rules exclude students from access to many benefits irrespective of nationality and you may find that if you are a full-time student you are excluded from entitlement simply because of restrictions that affect students generally rather than anything to do with your residence or immigration status.
I think I may be eligible for benefits. How do I claim?
Broadly speaking, international students are rarely eligible for welfare benefits. However, there are exceptions, including under the ‘temporary disruption’ provision (see above) and sometimes for EEA/Swiss nationals. In some circumstances, if a student’s partner is eligible for benefits, he or she can claim benefits for the couple or family.
In order to receive any benefits to which you are entitled, you need to make a claim through your local job centre or social security office. For example, income support is dealt with by Jobcentre Plus, go to www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018708 and tax credits are administered by Her Majesty’s Revenue and Customs (HMRC), go to www.hmrc.gov.uk/taxcredits/introduction.htm.
Claiming procedures can be quite complicated and it is usually best to seek advice on what to do and what documentation you need to provide, as well as on the implications of claiming benefits. You can seek advice from your university/college, Students' Union Advice Service, from a Citizens Advice Bureau or from a Law Centre. See sources of information and advice (below).
What if I am a refugee?
If you have Refugee Status or Exceptional Leave or Humanitarian Protection or Discretionary Leave in the UK you can claim all welfare benefits, subject to the ‘ordinary’ rules, and you cannot be refused any benefit on the basis of your immigration status. However, if you are studying full-time, as is the case for UK students, you will not be entitled to any of the main income-related benefits listed unless you are in a 'vulnerable group' (for example, if you are a lone parent). If you have Refugee Status, you can claim income support, housing benefit and council tax benefit for up to nine months without being required to be available for work if:
- you are studying English at least 15 hours a week
- the course started or starts within one year of your arrival in the United Kingdom.
and
As staff in many benefit offices may be unfamiliar with this provision, you may need to seek advice from your institution or Students' Union or Citizens Advice Bureau or Law Centre.
The above provision is contained within the Income Support regulations. Your adviser may find it helpful to know that it is based on Income Support regulation 4ZA and paragraph 18 of Schedule 1B of the Income Support regulations.
If you are already in receipt of income-based jobseeker's allowance and are about to start an English course (that is at least 15 hours a week and starts within 12 months of your arrival in the UK), you will need to withdraw your claim for jobseeker's allowance at the same time as making a claim for income support.
When your course finishes or after nine months, whichever of these is the earliest, you will need to claim jobseeker's allowance (unless you come within one of the 'vulnerable groups').
When switching from jobseeker's allowance to income support or the other way around, as above, try to get precise advice on how you should go about doing this so that:
- there are no gaps between the periods of entitlement, and your housing benefit and council tax benefit, if you are receiving these, are not stopped.
If you have just been granted Refugee Status or Humanitarian Protection you may be entitled to an integration loan. In addition, as a refugee you may also be entitled to child benefit or child tax credit backdated to the date when you claimed asylum.
You can seek advice on all the above from your institution, Students' Union, Citizens Advice Bureau or Law Centre. The adviser can check with the local benefits office as procedures may vary in different parts of the UK.
Where can I get more information on benefits?
If you need more information or advice on your entitlement to benefits, the Students’ Union Student Advice Service or your institution may help. You can also get free advice from any Citizens Advice Bureau, and some Law Centres will also offer free advice if you live locally (see list of websites at the end of this Information Sheet). For information on health benefits, please see the UKCISA Information Sheet,Keeping Healthy.
↑ Back to topNote 1
Benefits that cannot normally be claimed if you have student immigration leave:
- Universal Credit (from 1 April 2013)
- Personal Independence Payment (from 1 April 2013)
- Help with housing from the local authority
- Attendance allowance
- Carer’s allowance
- Child benefit
- Council tax reduction (from 1 April 2013) (Note that 'council tax reduction' is different from being exempt from council tax. If your dwelling is 'exempt' from council tax, or you are 'disregarded' for the purpose of council tax, then you are not receiving a council tax reduction. See the UKCISA Information Sheet Council tax and international students at www.ukcisa.org.uk/student/info_sheets/council_tax.php if you need more information about this.)
- Domestic rate relief, in Northern Ireland (from 1 April 2013)
- Council tax benefit
- Disability living allowance
- Employment and support allowance for youths
- Housing benefit
- Incapacity benefit for incapacity in youth
- Income related employment and support allowance (ESA)
- Income-based jobseeker’s allowance (JSA)
- Income support
- State pension credit
- Social fund payments
- Working tax credit
- Child tax credit
- Severe disablement allowance
Note 2
Temporary disruption of funds
You can make a claim for income support, income related ESA or income based JSA if:
- you are on limited leave with no recourse to public funds
- your funds usually come from abroad
- there is a temporary disruption of your funds from abroad
- it is reasonable to expect your supply of funds to resume
- you have been financially self-supporting during your stay up until now but you can only claim for a maximum of 42 days
Although the rule applies to all three benefits, a student in this situation should normally claim income support.
During a period of temporary disruption you may also be able to claim:
- child and/or working tax credits
- housing benefit - if you pay rent (but not if you live in halls of residence)
- council tax benefit - if you are liable for council tax payments
Sources of information and advice
UKCISA Information Sheets:
www.ukcisa.org.uk/student/information_sheets.php
The London Advice Services Alliance (LASA)
www.lasa.org.uk
Welfare benefits information and advice
www.lasa.org.uk/benefits/index.shtml
Citizens Advice Bureau
www.citizensadvice.org.uk
The Law Centres Federation
www.lawcentres.org.uk
The Immigration Law Practitioners’ Association
www.ilpa.org.uk
Her Majesty’s Revenue and Customs (HMRC)
www.hmrc.gov.uk
Information for students from Her Majesty's Revenue and Customs (HMRC)
http://www.hmrc.gov.uk/students
The Tax Credits homepage: includes useful information about Working
Tax Credit and Child Tax Credit (benefits dealt with by HMRC), and
for those people who are subject to UK immigration control.
www.hmrc.gov.uk/taxcredits/introduction.htm
Income Support (dealt with by Jobcentre Plus)
"Income Support. Help if you're on a low income"
www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018708
To find your nearest Jobcentre:
los.direct.gov.uk
Department of Work and Pensions (DWP) www.dwp.gov.uk
Information for same-sex couples or civil partners
claiming benefit
www.direct.gov.uk/en/Governmentcitizensandrights/Yourrightsandresponsibilities/DG_10026937
Telephone numbers
If you are calling from outside the UK, do not dial the (0) in the telephone numbers above. For example, if you want to call UKCISA from outside the UK, dial +44 20 3131 3576. If you are in the UK, do not dial +44, but do start the number with 0. For example, if you call UKCISA from within the UK, dial 020 3131 3576.
Textphone numbers are only for those who use a textphone (minicom) because of difficulties with speech or hearing.
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