Immigration & Benefits
Contents
Recently Arrived in the UK?
Refugee Status
Can You Claim Public Funds?
Adult Dependent Relative Visa
Other Immigration Statuses
No Public Funds
Visa Expired?
Which Benefits Are Public Funds?
Housing Assistance
Applying for Public Funds When Not Allowed
Partner or Child Ineligible for Public Funds?
Support Without Public Funds
Removing a 'No Public Funds' Condition
Domestic Abuse and Partner Visas
Extending Partner or Parent Visas
Overview
If you're not a British citizen, it's important to check whether your immigration status allows you to claim 'public funds.' Public funds include most benefits, social housing applications, and homelessness assistance. If you can claim public funds but have a partner or child who cannot, there are specific rules you need to follow.
If you're struggling because you can't claim public funds, there might be other types of support available. In some cases, you might also be able to apply to gain access to public funds.
Recently Arrived in the UK?
For certain benefits, you must have lived in the UK for a set period before you can claim. For instance, Personal Independence Payment (PIP) requires a residency period. To access many other benefits or housing help, you need to demonstrate that the UK is your main home and you intend to stay here, known as being ‘habitually resident.’ This can be challenging if you've recently arrived unless you were living in Ireland, Jersey, Guernsey, or the Isle of Man.
Refugee Status
If you have refugee status or humanitarian protection, you do not need to meet these residency requirements.
Can You Claim Public Funds?
You can always claim public funds if you have:
British or Irish citizenship
Settled status from the EU Settlement Scheme
Indefinite leave (unless you came on an adult dependent relative visa)
Refugee status or humanitarian protection
Right of abode
If you lack the right to be in the UK, you cannot claim public funds.
Pre-Settled Status from the EU Settlement Scheme
With pre-settled status, you can claim:
Personal Independence Payment (PIP)
Disability Living Allowance (DLA)
Attendance Allowance
Carer’s Allowance
To claim other public funds, you usually need a 'right to reside.' After five years in the UK, you can switch to settled status and then claim public funds.
Adult Dependent Relative Visa
If you have an adult dependent relative visa, your family member had to sign a ‘maintenance undertaking’ to support you financially. With indefinite leave as an adult dependent relative, you cannot claim:
Universal Credit
Pension Credit
Housing Benefit
Tax credits
Income-related Employment and Support Allowance (ESA)
Income-based Jobseeker’s Allowance (JSA)
Income Support
Council housing or make a homeless application
These restrictions end five years after arrival or if the family member who signed the maintenance undertaking dies. You can still claim benefits like Personal Independence Payment or Attendance Allowance if eligible.
No Public Funds
Check your biometric residence permit, Home Office decision letter, or online immigration status. If your documents state 'no public funds' or 'no recourse to public funds,' you cannot claim public funds. This applies to visitors, including those who entered via an eGate.
Visa Expired?
Your rights depend on whether you applied to extend or change your visa before it expired. If you applied in time, you retain the same rights as your previous visa. If not, you cannot claim public funds and must inform your benefits provider to stop payments.
Which Benefits Are Public Funds?
If you're not allowed to claim public funds, you cannot access benefits such as:
Universal Credit
Pension Credit
Child Benefit
PIP
DLA
Attendance Allowance
Carer’s Allowance
Winter Fuel Payments
Funeral Payments
Sure Start Maternity Grants
You also cannot claim council-provided benefits like Housing Benefit, Council Tax Reduction, Discretionary Welfare Payments, and welfare assistance.
Housing Assistance
If you're not allowed to claim public funds, you cannot apply for council housing or make a homelessness application. However, key worker housing and certain housing provided under the Children Act or Care Act do not count as public funds.
Applying for Public Funds When Not Allowed
If you apply for public funds when not eligible, your application will be refused. Future immigration applications might also be affected, and in rare cases, your visa could be terminated early.
Partner or Child Ineligible for Public Funds?
If you can claim public funds but your partner or child cannot, some benefits may be unaffected. For instance, you can claim PIP, Attendance Allowance, and Carer’s Allowance for yourself. However, claiming benefits that increase due to a partner or child might impact their visa extensions or applications for indefinite leave.
Support Without Public Funds
Even if you can't claim public funds, you may still access:
New style JSA or ESA
State Pension
Bereavement benefits
Discretionary Council Tax reductions
You can also use public services like state schools and the NHS (unless you're a visitor).
Removing a 'No Public Funds' Condition
You might apply to remove the 'no public funds' condition if:
You can't afford basic living expenses
Your child's welfare is at risk
You face exceptional circumstances, such as disability-related costs
For non-partner, parent, or British National (Overseas) visas, you must show it's unreasonable to return to your home country. Find the application form on GOV.UK.
Domestic Abuse and Partner Visas
If your relationship ended due to domestic abuse, you and your children can apply for indefinite leave and may access benefits during this process under the 'destitution domestic violence (DDV) concession.'
Extending Partner or Parent Visas
If you struggle financially, this might affect your visa extension or indefinite leave applications. Your visa route (5-year or 10-year) affects the process. Check your visa documents to determine your route. The 5-year route requires meeting a financial requirement, while the 10-year route might be necessary if you can't meet these criteria.