Child Tax Credits | Focus: How Migrants Access Benefits

January 21, 2012 – 3:59 am

Initially ineligible for all state benefits.

If someone can show they have worked continuously in the UK for at least two years they are eligible for two income-based benefits, namely jobseekers allowance, worth up to £67.50 a week, and employment support allowance, paid to those off work for health reasons and worth up to £67.50 a week.

To qualify, however, they must also be able to demonstrate they intend to stay in the UK for the foreseeable future, known as the “habitual residence test”.

Factors that officials take in to account for the test include length and continuity of residence, future intentions, employment prospects, reasons for coming to the UK and where the person’s ‘centre of interest’ lies.

Those claiming asylum or humanitarian protection and who are destitute are eligible for state support under the National Asylum Support Service, which provides for basic living such as accommodation and food.

For those from within the EEA.

With the exception of those countries which joined the EU from 2007, the following rules apply.

If the person passes the habitual residence test or are in work, they are eligible for all income-related benefits such as housing benefits, council tax benefit, child benefit and income tax credits.

Those who are recently out of work in the UK and can demonstrate they are actively seeking work are eligible for jobseeker’s allowance.

Those who are neither in work or seeking work cannot access income-related benefits.

If they pass the relevant criteria and the habitual residence test, they are eligible for non-contributory benefits, such as disability allowance.

Those from Bulgaria and Romania are eligible for income-based benefits once they have been here for 12 months but can access tax credits so long as they are working.

Workers from the Eastern European countries who joined the EU in 2004, such as Poland and Lithuania, used to have similar restrictions but they ended in May last year.

Individuals from some countries that have special arrangements with the EU may be eligible for either one of or both child tax credits and working tax credits so long as they are working lawfully in the UK.

They are Croatia, Macedonia, Turkey, Algeria, Morocco, San Marino and Tunisia.

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