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EEA Nationals - rules change!

At the moment an EEA National with Settled or Pre-Settled Status is able to claim benefits - including Universal Credit.


The rules on those with Pre-Settled Status are about to change...…

Regulations published on 16th April - to come into force on 7th May - state that Pre-Settled status will NOT entitle the holder to Universal Credit,  or to Housing Benefit, Income Support, Income Based JSA or Income Related ESA.

This means an EEA national without Settled Status must rely on another form of Right to Reside if they wish to receive any of these benefits.

NOTE: it appears that until 7th May someone could claim HB - but it would be short-lived.

What is Settled and Pre-Settled Status?

Under the new EU Settlement Scheme - introduced because of Brexit - an EEA National (and certain family members) can apply for 'Settled Status' if they have been continuously residing in the UK for 5 years or more. Settled Status is also know as 'Indefinite Leave to Remain'.

This not only secures their right to remain, work and claim benefits in the UK after Brexit, but also means they have a right to benefits as soon as it is granted (so long as they pass the 'actual habitual residence test').

Those EEA Nationals who have not yet been in the UK for 5 years can apply, but will be given 'Pre-Settled Status' which they can convert to 'settled status' once they've been continuously resident in the UK for 5 years.

At the moment 'Pre-Settled Status' gives the holder the right to claim benefits - but this is being withdrawn from 7th May.

What about those claimants who are getting benefit because they have Pre-Settled Status?

As far as we are aware their benefit to benefits based on them having Pre-Settled Status will end on 7th May and they will then have to show the DWP / LA that they have a Right to Reside that enables them to continue to be on that benefit.

Click here for our new EEA Nationals and UC Help Pack.