Housing Systems: Combating poverty and sustaining tenancies.
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Non-EEA Nationals: Who Can't Claim?

KEY FACTS:

  • Some claimants are excluded from entitlement to Housing Benefit(and other benefits) because of their immigration status. 

  • This is because a person subject to immigration control (PSIC) cannot claim Housing Benefit under HB Regulation 10.
    They will be a PSIC if they have no leave to remain or limited leave to remainwhich is subject to certain restrictions. 
    (*Except where the person with limited leave to remain has Refugee or Humanitarian Protection status - then they CAN claim).

  • Where one of a couple is a PSIC but the other can claim HB they should ensure that the one who can claim is the HB claimant - but where the PSIC has no recourse to ublic funds there are other important issues to consider - click here.

Non-EEA Nationals who are "PSIC" ie excluded by virtue of their immigration status are those who:

 
Have no 'leave to remain':

  • Illegal immigrants.
  • Overstayers.
  • People awaiting deportation.


Are here on a 'Temporary admission':

  • Asylum seekers who entered after 2000  (except those from EEA states).


Have 'Limited leave to remain' subject to the following restrictions:

  • A person with no recourse to public funds.
  • Someone whose entry to the UK was under a sponsorship agreement (unless they have been in the UK more than 5 years or their sponsor/s has died).

Note the OISC website lists immigration advice services- here.

Note that some people fleeing domestic violence can claim under the DDV concession.
And some may be abe to claim if they count as a family member of an EEA national.

Click on the links below for more information.

Immigration Status Test

Find out where this applies and what to do

No Leave to Remain

In what situation does this apply?

Asylum Seeker

Which Asylum Seekers can claim HB?

Limited leave to Remain

How can you tell someone has this?

No Recourse to Public Funds

Which benefits are considered Public Funds and what does this mean?

Sponsorship

What does a formal sponsorship undertaking mean?


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