Social benefits
Does having the right to work in the UK qualify me for UK social benefits?
Tax-funded income-related benefits (such as Income Support, income-based Jobseeker’s Allowance, Housing Benefit, Council Tax Benefit and Pension Credit) can at present only be claimed by those who are habitually resident in the UK.
The habitual residence test is a safeguard against benefit tourism, so that people who come to the UK do not have immediate access to tax-funded income-related benefits.
The additional measures we are taking will ensure that our benefit system can not be abused.
Under the new rules, what benefits could I be entitled to?
If an accession national comes to the UK after 1 May and gets a job, depending on their circumstances, they may be able to access the following while working:
- child tax credit
- child benefit
- working tax credit
- housing benefit
- council tax benefit
- state pension credit
- homelessness assistance
But only on the basis that they are here working legally and meet the relevant criteria.
If they stop working (and have not been working for 12 months continuously) they will not be able to access any benefits at all and will have to re-register if they get another job.
If they have been working for 12 months continuously they will get full accession rights (like any other EU national) and receive the full range of benefits. This could include Income Support and Job Seeker's allowance if they are not working.
And if they lose their job?
Provided they have been working in the UK lawfully for an uninterrupted period of 12 months they will be entitled to the full range of benefits, including income support and income-based jobseeker’s allowance.
What if they lose their job before they have worked for 12 months?
They will not be entitled to claim benefits.
Can people claim benefits if they’re looking for work?
No. Not until they have worked continuously for 12 months and acquire full EU rights.
