Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, in what circumstances benefits are paid to foreign nationals.

It is the expectation of the Government that, in general, migrants coming to the UK should be able to maintain and accommodate themselves without recourse to ‘public funds’ (such as Universal Credit). Access to benefits flows from an individual’s immigration status, which the Home Office grants.

If an individual holds a valid immigration status that also allows them to access public funds benefits (i.e., they do not have a “No Recourse to Public Funds” condition), then they are subject to the same eligibility criteria as any other customer. This usually includes meeting the requirements of the Habitual Residence Test (for income-related benefits), the Past Presence Test (for disability benefits), and / or necessary National Insurance contributions (for contributions-based benefits).

People who are in the UK illegally (i.e. those without immigration status) cannot access DWP public funds benefits. Asylum seekers also cannot access DWP public funds benefits whilst their application is being processed and decided by the Home Office.

People the UK has welcomed as refugees or under special Afghan and Ukraine visa schemes can access benefits as soon as they have been granted their immigration status (provided they meet the other relevant eligibility criteria). This ensures that can access the support they need quickly, given the unusual and difficult circumstances of their arrival.