This section provides general information about when people with pre-settled status, their family members, and people with pending EU Settlement Scheme (EUSS) applications will qualify for benefits.
Establishing eligibility for benefits can be difficult, especially when the person needs to show that they have a right to reside. Advice may need to be obtained from a benefits adviser when a person is unsure of their entitlement or to find out if a benefits refusal can be challenged.
Most means-tested benefits require a person with pre-settled status to demonstrate that they have a qualifying right to reside.
A person with a qualifying right to reside may be able to claim the following means-tested benefits provided they meet the criteria:
A person will have a qualifying right to reside if they can show that they are:
If the person is a worker or self-employed person, they will need to show that they meet a minimum earnings threshold for at least three months (the level at which National Insurance contributions start to be paid), or that their work is ‘genuine and effective’. For more information about demonstrating worker or self-employed status, see the EU Rights Hub's adviser toolkit.
A person who has the right to reside as a jobseeker, a self-sufficient person, a student or their family member, or as the primary carer of a self-sufficient child, will only be able to claim Child Benefit and Child Tax Credit (which is now only available in very limited circumstances).
A person with pre-settled status will be ineligible for means-tested benefits if one of the following applies to them:
Anyone with pre-settled status who thinks they may not have a qualifying right to reside should still apply for benefits and seek advice from a benefits adviser to help with the application or if they are refused.
In 2024, the Upper Tribunal and Court of Appeal found that some pre-settled status holders (including their dependent children) who do not have a qualifying right to reside may be able to successfully apply for Universal Credit in certain circumstances. In SSWP v AT (Aire Centre and IMA Intervening) [2022] UKUT 330 (AAC), the court determined that benefit could be provided to this group if a person’s right to dignity as protected under article 1 of the EU Charter of Fundamental Rights, would be at risk without support.
For AT to apply, a person must demonstrate that they would be unable to live in ‘dignified conditions’ i.e. unable to meet their most basic living needs such as food, hygiene, or shelter. These circumstances could arise where a person is at risk of destitution, is unable to work, or is unable to access support elsewhere. DWP guidance for benefit decision makers confirms that AT will apply to EU citizens and their third country national family members. Nationals of Norway, Iceland, Liechtenstein, or Switzerland, and their family members may need to seek advice from a benefits adviser to find out how AT may apply to them. The findings from AT can be applied to three mean-tested benefits: Universal Credit, Housing Benefit, and Pension Credit.
Universal Credit is unlikely to be awarded if a person has alternative support available that adequately meets their basic needs because the person’s right to dignity is not likely to be at risk without the provision of benefit payments. Therefore, when a person is receiving local authority support, this is likely to be taken into account by the DWP when making a decision.
The Child Poverty Acton Group provides more information about this case and an advice note for benefits advisers. The DWP guidance for benefit decision makers is also available online. If a person does not appear to meet the criteria outlined in the DWP’s guidance, they should seek advice from a benefit adviser as they may still be able to benefit from the decision. Individuals who have pre-settle status and may benefit from AT can also raise their case with the Independent Monitoring Authority where they have had issues with accessing benefit.
A person can rely on their pre-settled status in order to meet the residence requirement for:
They do not need to have a qualifying right to reside under EU law to be entitled to claim these benefits. However, these benefits are not intended to cover a person's basic living or housing costs.
A person who has a pending EU Settlement Scheme application may still be able to access means-tested benefits that require a right to reside test. To be eligible for means-tested benefits, a person must show that they have both of the following:
A person who cannot show that they had a right to reside on 31 December 2020 will not qualify for benefits whilst their EU Settlement Scheme application is pending.
A person with a pending EUSS application will still qualify for the following benefits providing they meet the relevant criteria:
They do not need to be exercising a qualifying right to reside when they apply for one of these benefits. However, these benefits are not intended to cover a person's basic living or housing costs.
A person will need to show that they have a Certificate of Application (paper or digital format) in order to confirm that they have a pending valid EU Settlement Scheme application.
An EEA national who was living in the UK before 31 Dec 2020 may still be able to apply to the EUSS. Read our EUSS webpage for more information.
Non-EEA nationals who are joining a close EEA family member with settled or pre-settled status may enter the UK with an EU Settlement Scheme (EUSS) family permit and must apply to the EUSS within 3 months of entering the UK. Their benefit entitlement will usually depend on whether the EEA national they are joining has settled or pre-settled status. They will not usually be able to qualify for benefits in their own right until they have made an EUSS application. Their entitlement to benefits may also be complex if the relationship with the EEA family member breaks down. In such cases, they would need to seek advice from a benefits adviser.
A person with settled status (indefinite leave to remain) granted under the EU Settlement Scheme will be eligible if they are habitually resident in the UK. The Home Office is required to identify any people with pre-settled status who have become eligible for settled status (usually after completing five years residency in the UK) and automatically convert their status into settled status. However, it is advisable that a person seeks immigration advice if they have not been contacted by the Home Office and they believe that they may be eligible for settled status. Read our information about applying for settled status in our EUSS webpage.
Person who is required to be resident in the UK as the primary carer of a British child or dependent adult in order to enable that child/adult to live in the UK.
Resident in a country/ area for an ‘appreciable period’ (usually of one to three months but can be shorter), with the intention to settle.