IS20 - A guide to Income Support

Who can get Income Support?

People from abroad (including returning UK nationals)

General rules

If you have come to live in the United Kingdom (UK) from a foreign country, you may be able to get Income Support. However, what you get will depend on your residence or immigration status or, if you are from certain European countries, your nationality.

If you have come on a temporary basis
If you have come to live in the UK temporarily – as a visitor, as a student, or to work – you cannot normally get Income Support. This is because you are admitted to the UK on the understanding that you are self-supporting and ‘have no recourse to public funds’. Public funds include Income Support, Housing Benefit and Council Tax Benefit

General entitlement rules
If your immigration status (or, if you come from certain European countries, your nationality) allows you to claim Income Support, you still have to satisfy all the usual eligibility rules before you can get Income Support.

Habitual residence
From 1 May 2004 changes have been made to the Habitual Residence Test so that people claiming Income Support, Housing Benefit and Council Tax Benefit will have to show that they have a right to reside as well as being habitually resident. From that date you must satisfy the decision-making authorities that you have a right to reside and are habitually resident in either:

• the UK
• or the Republic of Ireland
• or the Channel Islands
• or the Isle of Man
• or you have a right to reside and can be treated as habitually resident in the UK.

If you are a worker for the purposes of EC law, a refugee, a person with humanitarian protection, discretionary leave to remain, exceptional leave to remain or indefinite leave to remain granted exceptionally outside the immigration rules, you will need to provide evidence of your right to reside but will be treated as being habitually resident in the UK and will satisfy the habitual residence condition.

If the test is not satisfied you will not be entitled to Income Support.

The test is not applied to partners or dependent children.

There will also be no entitlement to the reduced rate of Income Support under the urgent cases rule unless you fall within one of the qualifying conditions.

Interviews
If you have come to live in the UK in the last 2 years you may be asked to go to an interview at your Jobcentre Plus office or social security office.

You will be asked to bring along your passport and the passports of any dependants as well as any letter or status documents sent to you by the Home Office. At the interview you will be asked about your immigration and residence status. From this information a social security officer will decide on your entitlement to Income Support.

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