Benefits - Persons from Abroad
Persons from abroad
Benefit regulations relating to persons from abroad
This is a complex area of the Housing and Council Tax Benefit schemes. The law has been amended and radically altered over a number of years. It is further complicated by the fact that some people, who under current rules would be excluded from claiming Housing and Council Tax Benefit, remain entitled due to the date they first claimed benefit. If you are in any doubt about your eligibility please contact us for advice.
Asylum Seekers
An asylum seeker is someone normally subject to immigration control who seeks to enter or remain in the UK by applying for asylum as a refugee, or who has a fear of being required to return to his or her country of origin or habitual residence.
Asylum applications can be made:
- On arrival at the port when the person first enters the UK; or
- Later after the person has been allowed into the UK subject to immigration control. These people are known as In-Country applicants.
From 3rd April 2000 all new port applicant asylum seekers arriving in the UK are supported under arrangements managed by the National Asylum Seeker Service (NASS) set up by the Home Office. You can find out more about NASS by clicking on the link.
Asylum Seekers who chose to stay with people who are receiving Housing Benefit or Council Tax Benefit rather than take up accommodation offered by NASS will attract a non-dependant deduction.
NASS will not initially support In-Country applicants. These people will continue to be provided for by Social Services Departments of the local authority to whom they should apply for support.
Continuing entitlement for some people from abroad
Some people from abroad will continue to be eligible for HB/CTB.
These are: -
Those given limited leave to remain in the UK on condition that they have no recourse to public funds, but who are temporarily without funds from abroad and there is reasonable expectation that the funds will resume within three months.
People admitted to the UK as sponsored immigrants, who have been resident in the UK for five years or more; or, less than five years where the sponsor has died;
Nationals of countries where the UK has international obligations (i.e. EU, EEA, and ratified ESCMA/ CESC) who are lawfully present in the UK and nationals of countries with whom the UK has relevant reciprocal or EU agreements.
Home Office determination of asylum applications
The Immigration and Nationality Department (IND) may decide an asylum application in one of three ways. The asylum seeker will either be:
- Granted leave to remain in the UK as a refugee. This is granted from the date of the application. The applicant is no longer classed as a Person From Abroad (PFA) and Housing Benefit/ Council is Tax Benefit may be claimed. Backdating may be considered.
- Refused asylum but granted indefinite leave or exceptional leave to remain in the UK. This is granted from the date of the decision. The applicant is no longer classed as a Person From Abroad and Housing Benefit/ Council Tax Benefit may be claimed from the date of the decision. Backdating may not be considered.
- Refused asylum or the application withdrawn. In these cases the asylum seeker is classed as a Person From Abroad with no entitlement to any Social Security Benefits (including Housing Benefit/ Council Tax Benefit).