Who is eligible for housing benefit (HB) and council tax benefit (CTB)?
Housing Benefit is a money benefit to help people who have low incomes pay their rent. For private sector tenants, it is called Local Housing Allowance. To get help towards paying the rent through HB, the claimant must be eligible. In certain circumstances both the claimant and their partner (the person living with them as husband, wife, civil partner or cohabitee) must be eligible. The law defines who is and is not eligible, in terms of immigration status and habitual residence. The law is different for people from within the European Economic Area and the UK and those from outside.
The rules about who is eligible to get help towards paying their council tax through CTB are identical to the rules for HB.
EEA nationals
- All EEA nationals have to have a right to reside in the UK to be eligible
- Workers have a right to reside: further information about EEA workers
- Special rules apply to the citizens of certain eastern European states who are in work: further information about A8 nationals and Bulgarians and Romanians
- In some cases, people who are no longer working are also eligible: further information about EEA workers, A8 nationals and Bulgarians and Romanians
- EEA nationals who are self-employed have a right to reside: further information about EEA workers, A8 nationals and Bulgarians and Romanians
- EEA nationals who are studying or self-sufficient may also be eligible in some circumstances but will have to pass the habitual residence test. Further information about other EEA nationals
- Family members of eligible EEA nationals will usually be eligible: further information about EEA family members.
People from outside the EEA
Citizens of countries from outside the EEA are generally subject to immigration control and need permission to enter or remain in the UK. The eligibility rules say that only some people subject to immigration control are eligible (even if their conditions of leave have a public funds restriction):
- Refugees and people with discretionary leave, humanitarian protection and exceptional leave to remain are eligible: further information
- People with indefinite leave to remain are eligible (with some exceptions) but have to pass the habitual residence test: further information
- Nationals of Croatia, Macedonia or Turkey who have any form of leave provided they are also habitually resident: further information
- People who are self-supporting but whose source of funds has been temporarily disrupted are eligible for HB/CTB for up to 6 weeks: further information
- Couples where only one member is subject to immigration control and the other is entitled to a passporting benefit are eligible: further information
- Generally, all other people with work permits and other forms of limited leave to remain are not eligible: further information.
Couples and claims for housing benefit and council tax benefit
The rules above affect claims by couples as follows:
- Where both members are from outside the EEA and subject to immigration control they will both be excluded from benefit (unless they both fall into one of the exceptions above)
- Where only one member is subject to immigration control, both members will be excluded unless the person who is not subject to immigration control is entitled to income support, income-based jobseeker's allowance or guarantee credit in their own right
- Where either one or both members is an EEA or UK national, the person who is eligible can make the claim (on behalf of both of them) provided that person is treated by HB rules as being liable to pay rent. So if only one member is eligible, a couple can choose who makes the claims.
Are there any particular problems?
In order to claim benefits the claimant and (if they have one) their partner must have been allocated a national insurance number (NINO) or have applied for one to be allocated. Regardless of immigration status the failure to obtain or apply for a national insurance number will disqualify a claim absolutely. The allocation of a NINO does not affect immigration status and anyone can apply regardless of any restrictions on their right to work. Problems sometimes arise with couples where only one member is subject to immigration control. This is a complex area, but guidance for advisers about it is available from CPAG.
Migrants often face delays whilst their claim is processed. Sometimes the authority will postpone making a decision until their NINO has been allocated. This is wrong; the claim can be processed once the application for a NINO has been made, provided that the NINO application includes the information and evidence needed to process it.
A national insurance number is not required in respect of any dependent child or young person included in the claim.