Social Security Benefits: EU Nationals

(asked on 21st October 2020) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, under what legislation EU nationals in the UK have the right to maintain the same level of access to benefit payments as comparable UK nationals after the end of the transition period.


Answered by
Kevin Foster Portrait
Kevin Foster
This question was answered on 4th November 2020

The Government has protected the rights of EEA citizens, and their family members, resident in the UK by 31 December 2020 through the enactment of the European Union (Withdrawal Agreement) Act 2020 and the establishment of the EU Settlement Scheme under Appendix EU to the Immigration Rules. The scheme provides a simple means for those who are eligible to secure their immigration status in UK law.

Those who obtain pre-settled status or settled status under the EU Settlement Scheme are able to access benefits and services in the UK on the same basis as currently applies under free movement rules. Where a person already holds another form of limited leave to enter or remain that allows recourse to public funds, for example discretionary leave, the Immigration Rules (HC 813) make provision for a late application to the scheme. Such an application must be made before the expiry of that leave unless there are reasonable grounds for failure to do so.

Parliament has approved the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020. These regulations protect existing relevant EU law rights for those EEA citizens and their family members who are lawfully resident in the UK at the end of the transition period but who have yet to obtain status under the EU Settlement Scheme, until the final determination of an application to the scheme made by the deadline of 30 June 2021. This ensures there is no change to their current rights while they make their application. Regulations to be made under clause 4 of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, subject to its enactment, will contain provisions to ensure those with pre-settled status are treated in the same way after the end of the transition period as they are now for the purposes of accessing benefits and services.

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