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Written Question
Universal Credit: EU Nationals
Wednesday 4th September 2024

Asked by: Desmond Swayne (Conservative - New Forest West)

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, whether she plans to enable EU citizens with pre-settled status to claim universal credit.

Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)

EEA and Swiss citizens with pre-settled status have the same access to benefits as they did prior to the UK leaving the EU. They will be able to access income-related public fund benefits, such as Universal Credit, if they are exercising a qualifying right to reside in the UK, for example by being a worker. This is similar to the rules for UK citizens residing in EU member states on the basis of the Withdrawal Agreement. The eligibility of claimants with pre-settled status is verified through the Habitual Residence Test.

Non-Departmental Publication (News and Communications)
Upper Tribunal (Tax and Chancery Chamber)

Sep. 12 2024

Source Page: KEVIN MCCABE v THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS [2024] UKUT 00280 (TCC)
Document: Kevin Mccabe v The Commissioners of His Majesty’s Revenue and Customs (PDF)

Found: Mr McCabe’s case is that the FTT erred in law in applying both the common law test of residence and

Welsh Government Publication (Guidance)

Dec. 20 2024

Source Page: Allocation of accommodation and homelessness: guidance for local authorities
Document: Addendum: guidance affecting certain people subject immigration control (PDF)

Found: In general, they should be eligible provided they can demonstrate habitual residence in the Common Travel

Deposited Papers

Apr. 23 2024

Source Page: I. Universal Credit guidance April 2024 [update of previous guidance, deposited Oct 2023, DEP2023-0791]. 204 docs. II. Letter dated 15/04/2023 from Jo Churchill MP to to the Deposited Papers Clerk regarding documents for deposit in the House libraries. Incl. file list at Annex 1. 9p.
Document: 166._Supporting_Citizens_Arriving_from_Afghanistan_V6.0.pdf (PDF)

Found: residence element of the Habitual Residence Test ( HRT ) when applying for Universal Credit and will

Welsh Government Publication (Guidance)

Sep. 04 2024

Source Page: EU citizens' rights
Document: Benefits (PDF)

Found: EEA family permits and UK biometric residence cards are no longer valid in the UK.

Deposited Papers
Department for Work and Pensions

Oct. 22 2024

Source Page: I. Universal Credit guidance 2024 [update of previous guidance deposited April 2024, DEP2024-0442]. 207 docs. II. Letter dated 16/10/2024 from Stephen Timms MP to the Deposited Papers Clerk regarding documents for deposit in the House libraries. Incl. file list at Annex D. 8p.
Document: HOC_List_September_2024.docx (webpage)

Found: aged 3-12 (inc in expected hours) V1.0 74 Going Abroad V11.0 75 Group sessions V3.0 76 Habitual

Deposited Papers
Department for Work and Pensions

Apr. 24 2025

Source Page: Universal Credit Programme Board Papers from Nov and Dec 2022, Jan to Jul 2023, Sept to Dec 2023, Jan to Mar (Part 1) 2024 [redacted]. (191 docs).
Document: 202403_H_UCPB_19.03.24_Paper_5_UC_Benefit_Realisation_Update.pdf (PDF)

Found: due to “conditions of entitlement”, which was due to fewer overpayments related to incorrect ID, Habitual

Deposited Papers

Apr. 23 2024

Source Page: I. Universal Credit guidance April 2024 [update of previous guidance, deposited Oct 2023, DEP2023-0791]. 204 docs. II. Letter dated 15/04/2023 from Jo Churchill MP to to the Deposited Papers Clerk regarding documents for deposit in the House libraries. Incl. file list at Annex 1. 9p.
Document: 074._Habitual_Residence_Test_V12.0.pdf (PDF)

Found: Habitual Residence Test Contents Introduction What is the Habitual Residence Test?

Secondary Legislation

Laid - 17 May 2024 In Force Not stated

Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2024
Department: Ministry of Housing, Communities and Local Government
Made negative
Parliamentary Status - Legislation

Regulation 2 of these Regulations makes a number of changes to the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (S.I. 2006/1294) (“the Eligibility Regulations”).

Found: , such a person subject to immigration control will be eligible, whether or not they satisfy the habitual

Deposited Papers
Department for Work and Pensions

Oct. 22 2024

Source Page: I. Universal Credit guidance 2024 [update of previous guidance deposited April 2024, DEP2024-0442]. 207 docs. II. Letter dated 16/10/2024 from Stephen Timms MP to the Deposited Papers Clerk regarding documents for deposit in the House libraries. Incl. file list at Annex D. 8p.
Document: 171_Suspending_Universal_Credit_V4.0.pdf (PDF)

Found: Credit has not been established due to: • claimant identity • capital • other income • Habitual