People from abroad

EEA18 Nationals

Can I claim Housing/Council Tax Benefit?

If you are an EEA18 national and fall under any of the following categories you can claim benefit provided that you satisfy the general rules for Housing/Council Tax Benefit.

• A worker (paid employee)
• Self-employed
• A worker who has retained worker status. You may retain worker status if you are temporarily unable to work due to illness/accident or have lost your job and have worked for at least one year and are signed on at Jobcentre Plus.
• A self-employed person who has retained your status. You only retain your status as self-employed if you are temporarily out of work due to illness/accident.
• A family member of any of the above.
• A person with permanent right to reside in the UK. This includes persons who have worked in the UK for 5 years, non-EEA nationals who have resided in the UK for 5 years as a family member of an EEA national, a retired worker/self-employed person who worked in the UK for at least 12 months before retiring and lived in the UK for three years before retirement. This is not an exhaustive list.

If you fall under any of the categories below we have to determine if you are habitually resident in the UK. We may ask you to complete a Habitual Residence Test. If we establish that you are habitually resident you can claim benefit.

• Economically inactive who are self-sufficient and have comprehensive medical insurance
• Students who are self sufficient and have comprehensive medical insurance
  
• National of the UK (who have returned from extended stay abroad), Republic of Ireland, Channel Islands and Isle of Man.

A8 Nationals

Can I claim Housing/Council Tax Benefit?

If you are an A8 national and fall under any of the following categories you can claim benefit provided that you satisfy the general rules for Housing/Council Tax Benefit.

• A registered worker. You count as a worker from the date you started work only if you apply for your worker registration card within one month of the date you started working. If you fail to do this you will not count as a registered worker until you receive your worker registration card.
• A worker who is not required to register. This group includes persons who have worked in the UK with a worker registration card for 12 months, family members of EEA18 nationals, workers posted in the UK by an overseas employer.
• Self-employed

If a registered worker leaves his/her job within the first 12 months, they stop being treated as a worker and cannot claim benefit. However, breaks of up to 30 days cumulative over the first 12 months period can be ignored.

If you satisfy the above conditions you are treated as an EEA worker.

A2 Nationals

Can I claim Housing/Council Tax Benefit?

If you are an A2 national and fall under any of the following categories you can claim benefit provided that you satisfy the general rules for Housing/Council Tax Benefit.

• Self-employed
• Employee under the highly skilled migrant program.
• Skilled migrant authorised by the Home Office.
• Skilled migrant who has worked in the UK for more than 12 months without breaks.
• Low skilled worker authorised by the Home Office.
• Low skilled worker who has worked in the UK for more than 12 months without breaks

A person with an accession worker card obtained on other grounds.

Evidence of Nationality

We need to see documents such as passport, national identity card, residence permit, worker's registration card (A8), registration certificate (A2), accession work card (A2).

National Insurance Number requirement

Both you and your partner need to have a National Insurance Number to claim benefit. If you/your partner do not have one we can apply for one on you request.

Page last reviewed 12 Nov 2010