Your immigration status will exclude you from most benefits if you are defined as a ‘person subject to immigration control’.   

The immigration status of a partner or child that you live with can also affect your benefits, and your claims may affect their continued right to live in the UK.  Therefore you need to check if your partner or child is defined as a ‘person subject to immigration control’, even if you are not.  Check the definition below and then see the information on partners and children.

'Person Subject to Immigration Control'

You are defined as a person subject to immigration control if you: 

• require leave to enter or remain in the UK but do not have it. For example, if your previous leave expired before you applied for further leave (often referred to as being an ‘overstayer’), or if you came to the UK as an asylum seeker.
• have leave to enter or remain in the UK that is subject to a ‘No Recourse to Public Funds’ condition. 
• have leave to enter or remain in the UK as a result of someone else providing a maintenance undertaking. 
• only have leave because you are appealing against a refusal to vary your leave.  This situation can be complex. If  your benefit is refused on this basis or you think this applies to you get advice. 

Examples of circumstances when you are not a ‘person subject to immigration control’ include if you: 

• are a British or Irish citizen.  
• have refugee leave or humanitarian protection 
• have settled status granted under the EU Settlement Scheme. 
• have pre-settled status granted under the EU Settlement Scheme. However, if you want to claim a benefit that requires a right to reside, such as Universal Credit, Pension Credit or Child Benefit, see our guide on the right to reside test.
• have a made a valid application to the EU Settlement Scheme for settled or pre-settled status, and that application has not yet been decided.  However, if you want to claim a benefit that requires a right to reside, such as Universal Credit, Pension Credit or Child Benefit, see our guide on the right to reside test.  

If you do not know your immigration status you need to get immigration advice before you claim any benefits, and before you are included in anyone else’s claim.

Benefits affected by immigration status  

If you are a person subject to immigration control you are not entitled to any of the following:  

• Adult Disability Payment (in Scotland)  
• Attendance Allowance 
• Carer's Allowance 
• Child Benefit 
• Child Disability Payment (in Scotland)  
• Child Tax Credit* 
• Council Tax Support 
• Disability Living Allowance (DLA) 
• Income-related Employment and Support Allowance* 
• Funeral Support Payment (in Scotland)  
• Housing Benefit 
• Income Support* 
• Income-based Jobseeker's Allowance*  
• Pension Credit 
• Personal Independence Payment 
• Severe Disablement Allowance* 
• Social Fund payments 
• Universal Credit 
• Working Tax Credit* 

* Note it is no longer possible to make a new claim for income support, income-related ESA, income-based JSA, Severe Disablement Allowance or tax credits (except if you are a refugee claiming tax credits for a past period). If you are already getting one of these benefits and you become a person subject to immigration control your entitlement to that benefit will end. 

Your immigration status does not affect your entitlement to other benefits not in the long list above.  For example, regardless of immigration status, you can claim: 

• Contributory benefits - including contribution-based/ New Style JSA, contribution-based/ New Style ESA, Bereavement Support Payment, State Pension. You will need to have had to have paid sufficient national insurance contributions to qualify 
• Statutory payments - including Statutory Sick Pay, Statutory Maternity Pay, Statutory Adoption Pay, Statutory Paternity Pay and Statutory Shared Parental Pay.
• Maternity Allowance 
• Industrial injuries benefits 
• Scottish benefits other than the 3 in the above list (although note some require you to receive a qualifying benefit that are in the list above).  

There are limited exempt groups of people subject to immigration control who can claim specific benefits or tax credits in specific circumstances.  These are not covered in this guide. To check if an exempt group applies to you for a specific benefit get advice.

Residence and Presence Rules 

If you are not excluded from a benefit by your immigration status, you still have to satisfy all the other conditions to be entitled to that benefit, including the presence and residence rules. 

Public Funds 

Public funds are defined in the immigration rules and include all the benefits above (except the Scottish benefits) and also most Local Welfare Assistance (which can include the Household Support Fund) and homelessness assistance and housing provided under specific provisions. 

If your leave to enter or remain in the UK is subject to a ‘No Recourse to Public Funds’ condition, you will breach that condition if you receive one of the benefits or other assistance defined as a public fund or if someone else receives a greater amount of one of these benefits because of your presence.  If you breach a ‘No Recourse to Public Funds’ condition attached to your leave, the Home Office could curtail your leave, refuse to grant you further leave in future and/or prosecute you. Get immigration advice before claiming benefit if you, or someone who could be included in your claim (such as your partner or child), has leave subject to a ‘No Recourse to Public Funds’ condition. 

If you are not a person subject to immigration control, but your partner (who you live with) is a person subject to immigration control, the way this affects your benefits differs depending on the specific benefit.  

If you do not know your partner’s immigration status you need to get immigration advice before you claim any benefits that could include an amount for them. 

Universal Credit 

If you live with a partner you have to make a joint claim, and therefore the  requirement to be not a person subject to immigration control applies to both partners.  If you are not a person subject to immigration control but your partner is, Universal Credit is paid to you as a single person, but your partner’s income and capital are still taken into account.  

If your partner’s leave is subject to a 'no recourse to public funds' restriction, in most cases your claim for Universal Credit will not breach this condition. However, you should seek specialist immigration advice before making a claim if you and your partner are joint tenants and you would receive a greater amount of the housing costs element due to the presence of your partner (for example if you and your partner are joint tenants with one or more other joint tenants) because this might be considered to breach their ‘No Recourse to Public Funds' condition and put their current or future right to remain in the UK at risk.   

Pension Credit 

If your partner is a person subject to immigration control they are treated as not being a part of your household for Pension Credit. This means you are paid as a single person and your partner’s income and capital do not affect your claim. However, you may not get the Severe Disability Additional Amount, if you would otherwise be eligible for it, because your partner may be counted as ‘normally living with you’ for this purpose. 

Housing Benefit 

If your partner is a person subject to immigration control, they are still included in your claim.  The amount of housing benefit is therefore calculated based on a couple rate of the personal allowance and of any premiums either of you qualify for.  Also, your partner’s income and capital is taken into account.  If your partner’s leave is subject to a 'No Recourse to Public Funds' condition then your housing benefit claim could breach that condition and put their current or future right to remain in the UK at risk. Get specialist immigration advice before claiming. 

There is an exception for couples if you have reached pension age and your partner is below pension age and is defined as a person subject to immigration control.  In this case, you can make a claim for housing benefit as a single person (as your partner’s immigration status prevents you making a joint claim for universal credit).  In this case, your partner's income and capital are not taken into account. 

Council tax support 

If your partner is a person subject to immigration control, for the purpose of your council tax liability, they are still counted as an adult living with you. This means you will not get a single person reduction in your council tax bill. If you claim council tax support your partner is included in your claim. Also, your partner’s income and capital is taken into account. If your partner’s leave is subject to a 'No Recourse to Public Funds' condition then your council tax support claim could breach that condition and put their current or future right to remain in the UK at risk. Get specialist immigration advice before claiming. 

Income Support; Income-based Jobseeker's Allowance (JSA) and income-related Employment and Support Allowance (ESA)  

It is no longer possible to make a new claim for income support, income-related ESA or income-based JSA.  If you are already receiving one of these benefits and your partner is subject to immigration control, they are included in your claim, but you are only paid the personal allowance at the single rate. Your partner’s work, income and capital are taken into account. If you qualify for premiums, these are paid at the couple rate. If your partner’s leave is subject to a 'No Recourse to Public Funds' condition, receiving a couple rate of a premium could breach that condition and put their current or future right to remain in the UK at risk.  Get specialist immigration advice before claiming a benefit that would result in a premium being paid in your income support, income based JSA or income related ESA. 

Tax Credits 

It is no longer possible to make a new claim for tax credits (except if you are a refugee claiming this for a past period). 

If you are already receiving tax credits and your partner is a person subject to immigration control, they are treated as if they were not for the purpose of the joint tax credit claim. Unless you or your partner are responsible for a child, your Working Tax Credit will not include a couple element. The other aspects of the calculation are unaffected.  

If your partner’s leave is subject to a 'No Recourse to Public Funds' condition, receiving tax credits based on a joint claim as above is not regarded as breaching this condition.   

Non-means tested Benefits 

Your entitlement to non-means tested benefits, such as Personal Independence Payment (PIP) is not affected by your partner’s immigration status. 

If you are not a person subject to immigration control, but your child is, the way this affects your benefits differs depending on the specific benefit. 

If you do not know your child’s immigration status you need to get immigration advice before you claim any benefits that could include an amount for them.

Universal Credit 

You can include a child in your Universal Credit claim, and be paid the child element (subject to the two child limit), and, if relevant, the disabled child addition and childcare costs element, regardless of the child’s immigration status. If the child’s leave is subject to a 'No Recourse to Public Funds' condition, getting Universal Credit could breach this condition and put  their current or future right to remain in the UK at risk. Get specialist immigration advice before you make a claim. 

Housing Benefit 

If your child is a person subject to immigration control, they are included in your housing benefit claim (subject to the two child limit). The housing benefit therefore includes a personal allowance for them and any premiums they qualify for. If the child’s leave is subject to a 'No Recourse to Public Funds' condition then getting housing benefit could breach that condition and put their current or future right to remain in the UK at risk. Get specialist immigration advice before you make a claim. 

Council tax support 

If your child is a person subject to immigration control, they are included in your council tax support claim.  If  the child’s leave is subject to a 'No Recourse to Public Funds' condition then getting council tax support could breach that condition and put their current or future right to remain in the UK at risk. Get specialist immigration advice before you make a claim. 

Pension Credit 

If your child is a person subject to immigration control, they are included in your pension claim (provided you are not getting tax credits as well).  The pension credit therefore includes an additional amount for them. If the child’s leave is subject to a 'No Recourse to Public Funds' condition then getting pension credit could breach that condition and put their current or future right to remain in the UK at risk. Get specialist immigration advice before you make a claim. 

Tax Credits 

If your child is a person subject to immigration control, they are still included in your claim (subject to the the two child limit).   

If your child’s leave is subject to a 'No Recourse to Public Funds' condition then whether the claim for tax credits breaches this condition depends on whether it is a joint claim made with a partner who is a person subject to immigration control. If it is, then the amounts paid for your children are not regarded as breaching their 'No Recourse to Public Funds' condition. However, in all other circumstances a tax credit claim which includes the child does breach that condition. You should get specialist immigration advice if you are getting tax credits and your child’s leave is subject to a 'No Recourse to Public Funds' condition. 

Non-means tested Benefits 

If you are entitled to Child Benefit, you can claim it for a child you are responsible for, regardless of the child’s immigration status.   

If the child’s leave is subject to a 'No Recourse to Public Funds Restriction', claiming child benefit for them breaches that condition and puts their current or future right to remain in the UK at risk. Get specialist immigration advice before you claim child benefit for a child whose leave is subject to a No Recourse to Public Funds restriction. 

Disability benefits for children 

Disability Living Allowance (DLA) and Child Disability Payment (CDP) (in Scotland) are claimed by the child and therefore it is their immigration status that counts. If the child is a person subject to immigration control they cannot claim DLA or CDP regardless of their parents’/carers’ immigration status. They will not be excluded from DLA or CDP if they are not defined as a person subject to immigration control, even if their parent/carer is.