Benefits for Immigrants Booklet

Coming from abroad and getting your benefits

10817 Coming from abroad 6/6/06 12:14 Page 2

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10817 Coming from abroad 6/6/06 12:14

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What happens if I have cometo, or returned to, GreatBritain from abroad? If you have just come to, or returned to,Great Britain from abroad, you may need toknow about benefits you can get or howyour benefits are affected.

If you are returning after a period abroad and already getting aUK benefit, contact the International Pension Centre (details areat the back of this leaflet).

If you are receiving Pension Credit and have been out of thecountry for longer than 4 weeks, you should have let ThePension Service know before you left the UK. To make sure youare receiving all your Pension Credit entitlement please phoneThe Pension Service on 0845 60 60 265.

This leaflet also tells you what supplementary leaflets you canget for general rules on each benefit.


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Which countries are covered?Although this leaflet covers every country in the world, differentrules apply depending on which country you are from/have comefrom.

There are special coordinating rules that apply to the countriesthat make up the European Economic Area (EEA). The countriesthat apply these rules are listed below.

There are also special arrangements between the UK and certainother countries listed on page 6. If you want to know morecontact The International Pension Centre.

The coordinating rules cover European Economic Area(EEA) countries and Switzerland. The full list is:

• Austria • Hungary • Norway

• Belgium • Iceland • Poland

• Cyprus • Ireland • Portugal

• Czech Republic • Italy • Slovakia

• Denmark • Latvia • Slovenia

• Estonia • Liechtenstein • Spain

• Finland • Lithuania • Sweden

• France • Luxembourg • Switzerland

• Germany • Malta • United Kingdom (UK)

• Greece • Netherlands

Within this leaflet, we often refer to Great Britain (GB) whichcovers England, Scotland and Wales. We also refer to the UnitedKingdom (UK) which covers Great Britain and Northern Ireland.


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What benefits can I get?If you have just come to or returned to Great Britain,the benefits you can get will depend on one or more ofthe following:

• National Insurance (NI) contributions you, your spouse/civilpartner or late/former spouse/civil partner have paid overyour working life

• NI contributions you have paid for a particular period of time

• whether you are living in Great Britain now

• whether you usually live in Great Britain

• why you have come to or returned to Great Britain, and

• whether your entry to Great Britain is subject to limitationsor conditions.

There are some benefits you can only get if you have paidNational Insurance (NI) contributions, and there are some whichdo not rely on NI contributions. You will usually pay NIcontributions in the UK if you earn above a certain amount.

If you have never lived in the UK before, you will not normallyhave paid NI contributions. This will usually mean that you can’tget benefits, which are based on NI contributions. However, ifyou or your spouse or civil partner have paid the equivalent of NIcontributions in another country, or in some cases have lived inanother country, this can sometimes help you to qualify forbenefits in Great Britain.


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This only applies to some benefits, and only to countries in theEuropean Economic Area (EEA), Switzerland and countries thathave a special agreement with the UK. Leaflets that tell youabout these arrangements are listed below. Please contactJobcentre Plus.

The special agreement with Australia ended on 28 February 2001.But basic State Pension and bereavement benefits may beaffected if you lived in Australia before 6 April 2001 and youreturn to live permanently in the UK.

For more information, contact the International Pension Centre(details are at the back of this leaflet).

Countries in the European Economic Area, and Switzerland SA29

Barbados SA43

Bermuda SA23

Canada SA20

Israel SA14

Jamaica SA27

Jersey and Guernsey SA4

Mauritius SA38

New Zealand SA8

Philippines SA42

Turkey SA22

USA SA33

Yugoslavia* SA17

*applies to the State Union of Serbia and Montenegro,Bosnia-Herzegovina, Croatia and the former YugoslavRepublic of Macedonia.


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Benefits based on NIcontributions or earningsState Pension

Bereavement Payment

Widowed Parent’s Allowance

Bereavement Allowance

You may only get State Pension if you have paid NI contributions inthe UK. Sometimes it is the contributions of a spouse, late spouse/civil partner that count. You may get Bereavement Benefits if yourlate spouse or civil partner has paid NI contributions in the UK. The equivalent of NI contributions, or residence, in certain othercountries may help satisfy the conditions.

However, you may not be entitled to a Bereavement Payment ifyour spouse or civil partner died while you were both abroad.Contact the International Pension Centre for more information(details are at the back of this leaflet).

• For information on the general rules for State Pension,get leaflet RM1 ‘Retirement’ from The Pension Service.

• For information on the general rules for bereavementbenefits, get leaflet WIDA5DWP ‘If you are widowedor your civil partner dies’, from Jobcentre Plus or ThePensions Service.

Women widowed prior to 9 April 2001 who return fromabroad may be entitled to Widow’s Benefit providing allthe conditions are met.


Incapacity Benefit & contribution-basedJobseeker’s AllowanceYou may be treated as having paid the necessary NIcontributions to get these benefits if you have:

• paid enough UK NI contributions and/or the equivalent of NIcontributions in certain other countries.

You may be able to get Incapacity Benefit even if youhave not paid enough NI contributions, if you are:

• under 20 (or 25 if you were in education or training beforeage 20) and have been sick for 28 weeks, and

• are present and resident in Great Britain and have beenpresent for 26 weeks during the year before you claim.You may be treated as having been present in Great Britainif you are in a special occupation, such as the armed forcesor have lived and worked in another state in the EuropeanEconomic Area (EEA).

For information on the general rules for Incapacity Benefit, getleaflet IB1JP ‘A guide to Incapacity Benefit’. For informationabout Jobseeker’s Allowance get leaflet QCJSAA5JP. Both theseleaflets are available from Jobcentre Plus or The Pensions Service.

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Statutory Sick Pay (SSP)Statutory Maternity Pay (SMP)There are no special rules if you have just come to Great Britain.

• For information on the general rules for SSP, get leafletSSPA5JP ‘Statutory Sick Pay’ from Jobcentre Plus.

For information on the general rules for SMP, get leaflet BC1‘Babies and children’ from Jobcentre Plus.

Maternity AllowanceTo claim Maternity Allowance, you must lastly have worked inthe UK for at least a week, earning at least £30 a week.

Your employment in certain other countries maybe used to helpyou qualify.

• For basic information see leaflet BC1. For more detailedinformation about Maternity Allowance, visit websitewww.dwp.gov.uk/advisers/ni17a.


Benefits not based on NI contributionsIndustrial Injuries Disablement Benefit

You may be able to get these benefits if any of the followingapply to you:

• You had an accident or contracted a disease in the course ofyour work after 1 October 1986 and you were paying Class1 NI contributions at the time, or

• You were paying special NI contributions as a volunteerdevelopment worker.

If you had an accident or contracted a disease before 1 October1986, different rules apply.

For further information contact the Benefit Enquiry Line on 0800 882200.

If you have a limit or condition on yourentry to Great BritainYou can’t usually get other benefits in this section if there is alimit or condition on your entry to Great Britain, see page 16.

You may be able to get them if you:

• have humanitarian protection or discretionary leave toremain

• are a refugee

• have exceptional leave to enter or remain in Great Britain

• are an EEA national or Swiss national, or a member of yourfamily is

• have been living in a country that has a special agreementwith the UK, see page 6

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• are a national of Algeria, Morocco, Tunisia, Turkey or SanMarino lawfully working in the UK

• are living as a family member of a national of Algeria,Morocco, Tunisia, Turkey or San Marino who is lawfullyworking in the UK, or

• are not an EEA or Swiss national, but only in certaincircumstances.

Attendance AllowanceDisability Living AllowanceCarer’s Allowance

• You must be ordinarily resident and be in Great Britain whenyou make your claim, and not be subject to immigrationcontrol. You are ordinarily resident if you normally live hereand have come here with the intention of making a settledhome as a regular part of your life.

• You must usually have lived in Great Britain, NorthernIreland, the Isle of Man, Jersey, or Guernsey for 26 weeks inthe last 12 months (the period is 13 weeks for babies under6 months old, and does not apply at all for people paidunder special rules because they are not expected to livemore than 6 months). You may be treated as having lived inGreat Britain if you have been living in an EEA country orSwitzerland. See the section What benefits can I get? onpage 5 of this leaflet.


• You may be treated as being in Great Britain, if you are amember of HM Armed Forces serving abroad or a memberof their family, a mariner, or airman, or working on the UKsector of the continental shelf - for example on an oil rig.

• For information on the general rules for these benefits, getleaflet DHC1JP ‘A guide for disabled people, those withhealth conditions, and carers’ from Jobcentre Plus.

Child Benefit and Guardian’s AllowanceTo get Child Benefit you must be ordinarily resident in the UK, havea right to reside here and be responsible for a child or children. You are ordinarily resident if you normally reside in the UK, and youhave come to live in the UK with the intention of making a settledhome as part of the regular order of your life for the time being.

You cannot usually get Child Benefit if your right to remain inthe UK is subject to immigration control, for example, your rightto enter or remain in the UK is subject to the condition that youhave no recourse to public funds.

But you may be able to get Child Benefit if you:

• have been given refugee status

• have humanitarian protection or discretionary leave to enteror remain in the UK

• are an EEA or Swiss national or a member of an EEA orSwiss National’s family

• are an Algerian, Moroccan, San Marino, Tunisian or Turkishnational lawfully working in the UK, or a member of thefamily of such a person living in the same household

• have leave to enter or remain in the UK that is not subjectto any limitation, or

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• have come to live in the UK from a country with a specialagreement with the UK covering Child Benefit.

You must normally be present in the UK when you claim, andhave the right to reside here.

Guardian’s AllowanceGuardian’s Allowance is an allowance for people bringing up achild or children because one or both of their parents has died.You must be getting Child Benefit for the child(ren) to beentitled to Guardian’s Allowance.

Entitlement to Guardian’s Allowance also depends on:

• at least one of the child’s parents being born in the UK, or

• the parent who died had been present in the UK for at least52 weeks in any period of two years since they were 16years old.

For further details, contact:

HM Revenue & Custom’s Child Benefit Office (details are at theback of this leaflet).


Income-based Jobseeker’s AllowanceIncome SupportPension Credit

• You can only get these benefits if you have a right to resideand are habitually resident in the UK, the Republic ofIreland, the Isle of Man or the Channel Islands.

– Habitual Residence is a question of fact decided by lookingat all the circumstances in each case. An important factor isestablishing a settled intention to reside. We will decide byasking questions such as:-

– Have you worked in the UK?

– How long you have lived abroad?

– Why you have come to the UK?

– How you plan to support yourself in the UK?

– How long you plan to stay in the UK?

We may be able to treat you as habitually resident if you have aright to reside, and:

– are an EEA or Swiss national who is a ‘worker or has theright to reside’ under EC law

– are a member of the family of an EEA or Swiss national whohas recently been ‘a worker’

– have refugee status

– have been given exceptional leave to enter or remain in the UK

– have been given Humanitarian Protection or DiscretionaryLeave to remain in the UK

– left Montserrat after 1 November 1995 because of thevolcanic eruption, or

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– have been deported to the UK.

This exception does not apply to people subject toimmigration control.

If you are a sponsored immigrant or asylum seeker, you areunlikely to be entitled to Income Support, Pension Credit orincome-based Jobseeker’s Allowance.

• Once awarded Pension Credit, income-based Jobseeker’sAllowance or Income Support you are required to notify ThePension Service or Jobcentre Plus of any periods of absenceabroad (defined as ‘being outside GB’).

• For more information, contact Jobcentre Plus or The PensionService (details are at the back of this leaflet).

• There is a range of leaflets that give basic information onthe general rules for Income Support and Pension Credit.For detailed information on the rules for Pension Credit, getleaflet PC10S ‘A guide to Pension Credit’. You can getthese from Jobcentre Plus or The Pension Service.

Housing BenefitCouncil Tax Benefit

• You can only get these benefits if you have a right to resideand are habitually resident in the UK, the Republic ofIreland, the Isle of Man or the Channel Islands

• You may be treated as habitually resident if you have a rightto reside, and

– are an EEA or Swiss national who has recently beenemployed or self-employed in the UK

– are a refugee

– have exceptional leave to enter or remain in the UK, or


– have been given Humanitarian Protection or DiscretionaryLeave to remain in the UK.

• If you have come into the United Kingdom within 2 years ofyour claim for benefit, your local council will ask you forsome more information.

• If you are an asylum seeker or sponsored immigrant, you areunlikely to be entitled to Housing Benefit or Council Tax Benefit.

For information about the general rules for Housing Benefit, getleaflet HBA5DWP ‘Help with your rent’. For information about thegeneral rules for Council Tax Benefit, get leaflet CTA5DWP ‘Helpwith your council tax’ from Jobcentre Plus or The Pension Centre.

Winter Fuel PaymentsWinter Fuel Payments are annual, tax-free payments made toeligible older people to help them with their winter fuel costs.

You may be entitled to a Winter Fuel Payment if:

• you will be aged 60 or over, and

• you normally live in Great Britain or Northern Ireland duringthe relevant qualifying week.

The qualifying week is the week beginning on the third Monday,in September.

You cannot get a Winter Fuel Payment if during that week yourright to remain in the UK is subject to immigration control, forexample, your right to enter or remain in the UK is subject to the condition that you have no recourse to public funds.

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For more information about Winter Fuel Payments, get leafletSFHA5JP ‘Help with extra heating costs from the Social Fund’from Jobcentre Plus, The Pensions Service or you can contact theWinter Fuel Payment helpline (details are at the back of thisleaflet).

Child Tax Credit and WorkingTax CreditChild Tax Credit (CTC) and Working Tax Credit (WTC) wereintroduced in April 2003. CTC is for families with children and ispayable regardless of whether the adult(s) in the family are inwork. WTC supports working people on low and middleincomes with extra amounts for people with disabilities.Tax credits are administered by and claimed from HM Revenue &Customs (contact details are at the back of this leaflet).

Where can I find out more?For more information, or copies of any of the leaflets mentioned,get in touch with Jobcentre Plus or The Pension Service. Contactdetails for Jobcentre Plus can be found in the business pages ofyour local phone book. Contact details for The Pension Serviceare listed below.

You can also get more information from the DWP website. The address is: www.dwp.gov.uk. To contact us by email see the‘Contact Us’ section of the website. Or go to www.direct.gov.ukfor the latest and widest range of information for the public.


The Pension ServicePhone: 0845 60 60 265 (8am to 8pm Monday to Friday)Textphone: 0845 60 60 285Welsh-language service: 0845 60 60 275Textphone (Welsh language): 0845 60 60 295Website: www.thepensionservice.gov.uk

International Pension CentrePhone: 0191 21 87777Textphone: 0191 21 87280Website: E-mail: [email protected]: Tyneview Park, Newcastle-upon-Tyne, NE98 1BA

Winter Fuel Payments helpline Phone: Helpline: 0845 915 1515.Textphone: 0845 601 5613. Calls to these numbers are charged at local rate. Website www.thepensionservice.gov.uk/winterfuel

HM Revenue & Customs Child Benefit OfficePhone: 0845 302 1444Textphone: 0845 302 1474Website: www.hmrc.gov.uk/childbenefitAddress: PO Box 1, Newcastle-upon-Tyne, NE88 1AA

HM Revenue & Customs Tax creditsPhone: Helpline: 0845 300 3900 (open 7 days a week, 8am-8pm)Textphone: 0845 300 3909. For the tax credits helpline in Northern Ireland, please call 0845603 2000, or textphone 0845 607 6078.Website: www.hmrc.gov.uk/taxcredits

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This page is for your notes


This leaflet is available in Welsh and other languages(Arabic, Bengali, Chinese, Gujarati, Punjabi, Somali,Urdu and Vietnamese), as well as in large print, inBraille and on audio cassette. Contact Jobcentre Plusfor more details.

Remember that this leaflet is a guide only. It is not meant to sayexactly what your legal rights are. While we have tried to makesure that the information in this leaflet is correct at the date shownon the cover, it is possible that there may be incorrect informationor some items may be oversimplified. Also, please rememberthat the information in this leaflet is likely to become lessaccurate over time, for example because of changes to the law.

Go to www.direct.gov.uk for the latest and widest range ofpublic service information.

Leaflet ref: CFAA5DWP ISBN: 1-84388-891-2 June 2006

Printed by Belmont Press Ltd. Issue 1. 06/06

10817 Coming from abroad 6/6/06 12:14 Page 1

Benefits for Immigrants Booklet

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