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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


Select Committee
the3million
RES0065 - The UK-EU reset

Written Evidence May. 16 2025

Inquiry: The UK-EU reset
Inquiry Status: Closed
Committee: European Affairs Committee

Found: , do not provide a remedy for those who might be deemed to have broken the continuity of their residence


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
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


Scottish Government Publication (Regulation/directive/order)
Social Security Directorate

Mar. 11 2025

Source Page: Draft Winter Heating Assistance (Pension Age) (Scotland) Amendment Regulations 2025 and Policy Note
Document: Draft Winter Heating Assistance (Pension Age) (Scotland) Amendment Regulations 2025 and Policy Note (PDF)

Found: For regulation 8 (residence condition) substitute— “Residence condition 8.—(1) The condition is that


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

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


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