There is no guarantee whether or not one can claim means-tested benefits with a pre-settled status alone. This is the reason why we aim to explore through the content of this blog post if you can claim Child Benefit on pre-settled status. Additionally, we will also review other welfare benefits that can be claimed as well as the impact of having a right to reside on the benefits claim one makes.

Can You Claim Child Benefit On Pre-Settled Status?

Yes, you can claim Child Benefit in the UK if you are moving from abroad on a pre-settled status. However, you should be able to meet these basic conditions (in addition to meeting the eligibility criteria for Child Benefit):

  • you must have a “right to reside” along with your pre-settled status
  • you must live in the UK as your main home 

“Right to reside” means having the right to live in the UK. To have a right to reside, the applicant must be able to fulfil one of the following conditions:

  • if the applicant is a British citizen they should have a “right of abode” in the UK
  • the applicant should be a citizen of Ireland
  • they have either a pre-settled or settled status as per the EU Settlement Scheme
  • the applicant has an indefinite leave to enter the UK
  • the applicant is exempt from immigration control

Only one of the parents can claim Child Benefit for their child (or children) until they are 16 years old (or 20 years of age if they are in full-time education).

In addition to this, you should have lived in the UK for at least three months before filing a claim for Child Benefit.

If your child’s birth was registered outside the UK, you will need to provide the following documents when you apply for Child Benefit:

  • original birth certificate
  • passport or travel documents used to travel to the UK.

However, if an individual is subject to immigration control, they will not be able to claim Child Benefit unless they are a sponsored immigrant. This means that there is someone else who can guarantee to provide financial support for them.

What Other Benefits Can You Claim On Pre-Settled Status?

In addition to Child Benefit, if you are living in the UK on a pre-settled status with a right to reside, you can claim the following benefits:

  • Universal Credit
  • Pension Credit
  • Housing Benefit
  • Child Tax Credits
  • income-related Employment and Support Allowance

However, if you are on pre-settled status, without a right to reside, your options for benefits claim will be limited to the following:

  • Personal Independence Payment
  • Disability Living Allowance
  • Attendance Allowance
  • Carer’s Allowance

Individuals who are on a low income can seek support through Pension Credit to top up their state retirement pension. The benefit aims to support individuals who are on a low income and above state pension age.

Meanwhile, a Housing Benefit payment can help claimants with housing costs including rental payments. In some cases where claimants are receiving income-based benefits, they will be able to get the maximum amount of Housing Benefit.

Some of the working age benefits are being replaced with Universal Credit. Claimants can either shift from their previous claim to UC or if someone has to file a fresh claim, they can directly apply for Universal Credit.

How Can You Claim Benefits Under Pre-Settled Status?

There are certain prerequisites to be met by claimants to qualify for these benefits. For instance, you will have to meet extra conditions to claim means-tested benefits such as Universal Credit or Housing Benefit with a pre-settled status.

If you have a disability, a health condition (mental or physical) or an illness that prevents you from performing everyday tasks, you can claim Personal Independence Payment. 

To claim the benefit under a pre-settled status you will also need to prove that you are habitually resident in the UK, Ireland, the Channel Islands or the Isle of Man. Additionally, you should have lived in England, Scotland or Wales for at least 2 out of the previous 3 years.

In the case of a disabled child, you may be able to claim Disability Living Allowance on their behalf; as long as the child is also living in the UK under pre-settled status.

How Can You Prove The Right To Reside To Claim Benefits?

To prove the “right to reside” for a benefit claim, one would need to provide evidence of the fact that they are living in the UK under a worker status; whilst earning a wage of £166 per week for at least three months.

Alternatively, they should be able to meet one of the below conditions;

  • you are a self-employed person who can declare their income
  • you are looking for a job (this is necessary only for benefits such as income-based JSA, Child Benefit and Child Tax Credit)
  • you are a self-sufficient student 
  • you are a family member of a person who fulfils any of the above-mentioned categories

In addition to this, you can also prove your right to reside if you are the primary carer for a full-time student. This will give you a derivative right to reside and thus the eligibility to claim benefits.

Can You Claim Benefits If You Can’t Prove The Right To Reside?

Yes, you can claim benefits if you can’t prove your right to reside if you can provide relevant evidence using the below suggestions:

  • The claimant can make a subject access request to the HMRC asking them for details regarding their place(s) of work. Alternatively, they can ask their employer (or former employer) to write a letter of recommendation stating the details of their employment, tenure and remuneration.
  • They can also get information from the HMRC regarding tax payments and National Insurance contributions.
  • The claimant can inform the DWP about the lack of documents to support their claim. The DWP can inquire about these details from the HMRC directly.
  • If someone does not have payslips or employment contracts to prove their working status, or they have been working for cash in hand or through a bank account, they can share their bank statement as evidence of earnings.

If you are unable to prove your right to reside due to a lack of appropriate documents, you (or your family members) will have to pass the habitual residence test for benefits.

Conclusion:

The above discussion helps to conclude that one can only claim Child Benefit under a pre-settled status if they also have the right to reside in the UK. This means that the claimant would need to prove that either they have a source of income or they are seeking to attain one.

FAQs: Can You Claim Child Benefit On Pre-Settled Status?

How much is Child Benefit in the UK per month?

Child Benefit payments in the UK amount to £21.80 per week for the eldest or only child. For any additional children, the weekly payment is £14.45 per child.

Does pre-settled status entitle you to Universal Credit?

No, having pre-settled on its own does not automatically entitle someone to claim universal credit. There are certain additional requirements to be met which primarily include proof of one’s earnings either through a job or self-employment or proof of the claimant looking for a job.

Does pre-settled status mean residence?

No pre-settled status does not mean residence; rather it indicates a temporary residence authorisation for anyone who has been living in the UK for less than five years and aims to progress to settled status.

How long is pre-settled status valid?

Once a pre-settled status is granted, it remains valid for the next five years. During this time, the claimant must remain in the UK for the maximum duration of the time. If they fail to do so for two consecutive years, the pre-settled status can be revoked.

Can I apply for a British passport for my child if I have pre-settled status?

Yes, you can apply for a British passport for your child if you have pre-settled status and as soon as you have filed your application. You do not have to wait for a decision before applying for a passport.

References:

Child Benefit if you move to the UK – GOV.UK

Claim Child Benefit: Eligibility – GOV.UK

Right to reside – GOV.UK

Child Benefit: coming to or leaving the UK – GOV.UK

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