Claiming from Overseas

People from abroad who can claim Council Tax/Housing Benefit

If you are from one of the countries listed below you can claim Housing Benefit and/or Council Tax Benefit, unless you are 'required to leave' the UK by the Home Office, or, if you are not judged to be 'habitually resident.'

The countries listed above all belong to one or more of the following:

• The European Economic Area (EEA)
• The group of states whose governments have signed the European Convention on Social and Medical Assistance (ECSMA)
• The group of states whose governments have signed the Council of Europe Social Charter (CESC).

If you have not come from one of the countries listed above you can still claim if you:

• have exceptional leave to remain
• are getting income based Jobseeker's Allowance or Income Support
• have indefinite leave to remain (but we may still have to see if you can claim)
• are from the Channel Islands or Isle of Man
• have limited leave to stay in the UK, but your funds from abroad have been temporarily disrupted
• have been granted refugee status

People from abroad who cannot claim Council Tax/Housing Benefit

If you fall into one of the following categories you will not be able to claim Council Tax/ Housing Benefit. 

You cannot claim if you:

• are waiting for the outcome of an appeal under part 11 of the 1971 Immigration Act
• have no further right of appeal under the 1971 Immigration Act but have been allowed to stay in the UK while representations are being considered by the Home Secretary
• are subject to a deportation order under the 1971 Immigration Act but your removal from the UK has been deferred in writing by the Home Secretary
• have been granted permission to remain in the UK while waiting for the removal from the UK of another person whose deportation has been deferred in writing by the Home Secretary; BUT you (the claimant) are not subject to a deportation order yourself
• are subject to a direction of removal from the UK which has been deferred in writing by the Home Secretary
• have been judged an illegal entrant but have been allowed to remain in the UK with the written consent of the Home Secretary have been given temporary admission to the UK by the Home Secretary outside the provisions of the 1971 Immigration Act
• have not yet had your immigration status determined by the Home Office
• are seeking asylum, unless you are a 'port applicant, or an 'in country' applicant and the Home Office has said that your country is undergoing an upheaval.' in both of these cases, benefit can only he paid up to the first negative decision
• are not judged to be 'habitually resident'
• have limited leave to enter or remain in the UK on the understanding that you do no have recourse to public funds
• have limited leave to enter or remain in the UK and have remained beyond the limit of that leave
• are subject to a deportation order
• have been judged by the immigration authorities to be an illegal entrant are a sponsored immigrant, unless your sponsor has died or you've been resident in the UK for five years from the date of sponsorship, or entry to the UK (five years from the latest date), or you've been continuously entitled to Housing/Council Tax Benefit since before 5/2/96
• are a national of a European Economic Area State who is required by the Secretary of State to leave the United Kingdom
• These include tourists, visitors, members of religious orders and certain students.

Couples

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.

How do you rate this information / service?