Since 1994 there have been restrictions on a person’s eligibility to Housing Benefit and Council Tax Benefit based on their status in the United Kingdom.  The restrictions apply to all nationalities, including British Citizens.

Housing Benefit and Council Tax Benefit are only available to people who are:

• Habitually resident in the Common Travel Area. The Common Travel Area (CTA) includes the United Kingdom, Republic of Ireland, Channel Islands and Isle of Man, and
• Who are lawfully present in the UK, and
• Who are either nationals of a country within the CTA or have the right to reside in the UK without having a ‘no recourse to public funds’ condition attached to their right to reside     

To be eligible for Housing Benefit and Council Tax Benefit a claimant must satisfy, or be exempt from, the following tests -

Immigration Status Test

Under the Immigration Status test we have to establish the terms of a claimant’s entry or stay in the UK.  Claimants who do not satisfy the test are known as 'people subject to immigration control' and are not entitled to Housing Benefit or Council Tax Benefit.

Habitual Residence Test 

The Habitual Residence Test (HRT) was introduced from 1 August 1994 as a test of habitual residence in the CTA.  Since 1 May 2004, anyone who claimed an income-related benefit (Income Support, Income Based Job Seekers Allowance, State Pension Credit, Housing Benefit and Council Tax Benefit) has been required to show that they have a right to reside in the Common Travel Area.  The HRT is a two stage test of the right to reside in the UK or the other area of the CTA.  The test is applied to people who have arrived or returned to live in the UK within two years of claiming an income-related benefit.

On 30 April 2006, a new European Community (EC) Directive on the rights of free movement in the EC, introduces new rights of residence for EC nationals.  The most significant change is the introduction of a right of residence for the first three months to everyone, including economically inactivity people (for example, a retired person).

More detailed information about the rules relating to People from Abroad and Housing and Council Tax Benefit, including the changes from April 2006, can be found on the Department of Work and Pensions website.

Can I get some further help?

Of course. This is complex area and may have implications not only for yourself, but also for your spouse/civil partner and your family/extended family members, if they have moved to the UK with you.  We would strongly recommend that you seek advice and information about your eligibility to claim Housing Benefit and/or Council Tax Benefit, please go to ‘Points of contact for Benefits help’ for further assistance.

Specialist information and advice is also available from the Home Office Immigration and Nationality Department and the Refugee Council websites.