Persons from Abroad
In most cases anyone, of any nationality, who has resided legally in the "Common Travel Area" (CTA) which includes the UK for at least two years will be entitled to both Housing and Council Tax Benefit.
Who is classed as a Person from Abroad (PFA)?
A person is classed as a PFA if they are the following:
- a Refugee or Asylum Seeker;
- seeking humanitarian protection;
- a British citizen who has been out of the CTA for 2 years or more;
- European Economic Area (EEA) Nationals;
- Other Foreign Nationals
The EEA18 Countries are as follows - UK (including the Channel Islands and Isle of Man), Ireland, Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Iceland, Italy, Lichtenstien, Luxembourg, Malta, Netherlands, Norway, Spain and Sweden.
A8 Countries - Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia
A2 Countries - Romania, Bulgaria
Special Status - Switzerland. Swiss nationals have the same right to work and live in the UK as nationals from one of the EEA18 states.
Who can claim Housing and/or Council Tax Benefit
Most citizens from the EEA18 Countries will be entitled to Housing and Council Tax Benefit providing you satisfy the general rules set out below:
- you are a worker (paid employee);
- you are a Self Employed person;
- you are out of work but have retained your worker status (e.g. temporarily unable to work due to illness/accident or you have lost your job and are currently signing on at the Jobcentre Plus after completing one year of continuous employment)
- a self employed person who has retained worker status (because you are currently ill or had an accident and are unable to work)
- you are a family member of any of the above;
- you have a permanent right of residence in the UK. (Includes persons who have worked for 5 years or more, a retired worker/self employed person who worked in the UK for more than 12 years or a non-EEA national who has resided in the UK with an EEA national for more than 5 years)
This list is not exhaustive and therefore if you are unsure if you are eligible for Housing and Council Tax Benefit please telephone 01246 242436 or submit an enquiry form
If you are an EEA National who is classed as:
- Economically inactive;
- A student who is self-sufficient and has comprehensive medical insurance;
- A National of the UK, Republic of Ireland, Channel Islands and Isle of Man who is returning to the UK following an extended stay abroad.
We will have to determine if you are 'habitually resident' in the UK before you will be entitled to Housing and Council Tax Benefit. If we establish that you are 'habitually resident' then you will be entitled to Housing and Council Tax Benefit and you must complete an application form.
If you are an A8 National you are able to claim Housing and/or Council Tax Benefit providing that you satisfy one of the following general rules:
- you are a registered worker - You only count as a worker from the date that you started work and providing you have a valid workers registration card. You must apply for a workers registration card within one month of starting work. Failure to do so will mean you are will not count as a registered worker and therefore you will not be eligible for Housing and Council Tax Benefit
- you are a worker not required to register - You will not be required to register once you have completed 12 months legal work (with a registration card) without any breaks of 30 days or more, or if you are a family member of a EEA18 National or if you have been posted to work in the UK by your employer.
- you are a Self Employed worker - If your employment ends prior to you completing 12 months continuous and valid employment you stop being treated as a 'worker' and therefore you are not entitled to Housing and Council Tax Benefit. If the break in your employment is less than 30 days cumulative then your employment will still be classed as continuous.
If you satisfy all of the above conditions you will be treated as an EEA worker and therefore you are eligible to claim Housing and Council Tax Benefit, which will then be assessed based on your income and capital.
If you are an A2 National you are able to claim Housing and/or Council Tax Benefit providing that you satisfy one of the following general rules:
- you are Self Employed;
- you are an employee under the highly skilled migrant programme;
- you are a skilled migrant authorised by the Home Office;
- you are a skilled migrant who has worked in the UK for more than 12 months without breaks;
- you are a low skilled worker who has been authorised by the Home Office;
- you are a low skilled worker who has worked in the UK for more than 12 months without breaks;
- you are a person with an accession worker cars obtained on other grounds.
Evidence of Nationality
We will need to see the following evidence if you are a person from abroad:
- your passport or national identity card;
- your residence permit if you a national from outside of the EAA18;
- your registration card (if you are an A8 national);
- your registration certificate (if you are an A2 national);
- your accession work card (if you are an A2 national).
Both yourself (and your partner if applicable) will need to have a valid National Insurance number
PFA who are not entitled to Housing/Council Tax Benefit:
You will not be entitled to Housing and/or Council Tax Benefit if you are one of the following:
- you are subject to immigration control (e.g. Illegal immigrants, overstayers, persons with 'no recourse to public funds' and sponsored immigrants)
- you are an Asylum Seeker - and you are still awaiting a decision regarding Humanitarian Protection or Discretionary Leave
- you have failed the Habitual Residence or 'Right to Reside' test
- you are an A8 or an A2 national who has not completed 12 months work
Please note that the above lists are not exhaustive. If you are unsure if you would be entitled to Housing and/or Council Tax Benefit please telephone 01246 242436 or submit an enquiry form
Last Updated on Monday, 20 December 2010 15:07