A key rule to claiming Universal Credit it that the claimant must 'Be in Great Britain' (Section 4 of the Welfare Reform Act 2012).

Great Britain includes England, Wales and Scotland.

But does not include Northern Ireland, the Isle of Man or the Channel Islands.

NOTE: Universal Credit is available to claimants in Northern Ireland which has its own set of Universal Credit Regulations. Since July 2020, a "reciprocal arrangement" has been in place meaning that claimants normally resident in Great Britain (England / Scotland / Wales) are not treated as abroad whilst in Northern Ireland and vice versa. The rules on eligibility for Universal Credit for people coming to the UK from abroad are one of the most complex areas of welfare rights law.

What does 'in GB' actually mean?

This is a test of two parts:

• A 'presence' test, and
• A 'residence' test.

Presence Test

To pass the 'presence test' the claimant must be physically in Great Britain to claim. If they are not, then they cannot make a claim for UC.

Case law has confirmed that to 'be' in Great Britain means to physically be there, not just be normally living there (R(U) 18/60 and R(P) 2/67).

And once Universal Credit has been awarded, the claimant must remain in Great Britain - although temporary absences abroad are allowed - click here for more details.

There are special rules for couples where one is not considered to 'Be in GB' - click here if one of a couple has gone abroad.

There are exceptions to this rule for Crown Servants and Armed Forces personnel posted overseas - for more information see Paras 1166 - 1170 of Chapter C of the Advice for Decision Makers Guide.

Residence Test

To pass the 'residence test' the claimant must be 'habitually resident' in the Common Travel Area. The Common Travel Area comprises England, Scotland, Wales, Northern Ireland, Ireland, The Channel Ilands and the Isle of Man. This mainly affects non British Nationals - but can also affect returning British Nationals.

Whether or not a person can claim Universal Credit may depend on a number of factors. These include nationality, immigration status (and any conditions attached to it), the circumstances under which the person arrived in the UK, whether they are deemed 'habitually resident', whether they are in work or looking for work, and whether they arrived alone or with other family members. Many other factors may be relevant too.

• Follow these steps to get a feel for whether someone could be entitled to UC or not.
  
  
• If they can claim UC, then their claiming journey may include extra steps / evidence requirements.
  
  
• Where one of a couple can claim UC but the other cannot, then special rules apply.
  
  
• If someone is refused UC due to their immigration and/or residence status, there are several things to consider. Due to the complex rules people from abroad can often be refused UC when they are in fact entitled so they should always seek expert advice.
  
  
• Some claimants will be refused UC correctly - we have a list of those not able to claim UC.

NOTE: The information on these pages give a broad overview of the rules on access to Universal Credit for people coming to the UK from abroad. They are not intended to be a definitive statement on who can claim, but rather to indicate who may be able to claim, and when it is worth challenging a decision refusing UC.