Claimants from Overseas
In order to claim Housing Benefit and/or Council Tax Benefit you must have the Right to Reside and be Habitually Resident within the United Kingdom.
The law is complicated therefore if you require more detailed information please contact us directly.
Right to reside
You must provide your birth certificate, passport or ID card and, if you are a national of the European Economic Area (EEA), evidence of your economic status, to confirm your right to reside.
Habitual Residence
Once you have shown that you have a right to reside you must also prove habitual residence before you can get these benefits.
A decision maker will decide if you are habitually resident by asking you things like:
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whether you have worked in the UK
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how long you have lived abroad
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why you have come to the UK
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how you plan to support yourself in the UK
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how long you plan to stay in the UK.
You may be treated as habitually resident if you:
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are a refugee
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have exceptional leave to enter and remain in Great Britain
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have humanitarian protection or discretionary leave to remain in the UK
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are a national of the European Economic Area (EEA) who is a worker or has the right to reside under European law
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are a member of the family of a national of the European Economic Area (EEA) who has recently been employed or self-employed in the UK
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left Montserrat after 1 November 1995 because of the volcanic eruption
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have been deported to the UK
Asylum seekers who applied for asylum on or after 3 April 2000 will not be eligible for Housing Benefit/Council Tax Benefit.
If one member of a married or unmarried couple is a person from abroad, but the partner is not, then the partner should make the claim in his/her name. Housing Benefit and Council Tax Benefit will then be awarded in the normal way.