Please note that if a person is deemed to be a Person From Abroad (PFA) then no HB or CTR can be paid.
HB/CTR are only available to people who are habitually resident in the Common Travel Area (CTA), and who are lawfully present in the UK, and who are either nationals of a country within the CTA or have the right to reside in the UK without being denied access to public funds.
Th Common Travel Area still exists after BREXIT.
In May 2019 the two Governments signed a Memorandum of Understanding on the CTA which guarantees there will be no changes to the rights of British citizens in Ireland/Irish citizens in the UK as a result of Brexit
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Follow the steps through the process until you arrive at a decision to allow a claim for HB/CTR or not
Click on the 
buttons as appropriate and click on the hyperlinks to view more details
Has the person come to live in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man in the last two years?'
No - It is likely (based on DWP guidance) that the person may be eligible for HB/CTB - note this is guidance only and you can follow step 2 if you have any queries
Go to step 2
Is the person in receipt of Universal Credit, Income Support, Pension Credit , Job Seekers Allowance Income Based or ESA (Income Related)?
No - Go to Step 3
If the claimant or partner is in receipt of any one of the primary benefits Universal Credit, IS, JSAIB or PC then HB and / or CTR should be assessed (CTR for working age cases will determined by your local scheme)
Is the person an Asylum Seeker?
No - Go to Step 4
Since 2000 Asylum Seekers are unable to claim HB/ CTB or CTR until refugee status is granted.
If Refugee status has been granted obtain details from claimant and assess normally from claim date
Is the person subject to Immigration Control (Immigration Status Test) ?
No - Go to Step 5
If the Person is Subject to Immigration Control (PSIC) then benefit cannot be paid. Care should be taken as EEA nationals who arrive in the UK after 31st December 2020 are subject to normal immigration rules. (see EEA nationals) Step 8.
Does the person have Leave to Remain in the UK.
No - Go to Step 6
If the person has leave to remain in the UK they are exempt from the Habitual Residence Test (HRT) and can be treated as eligible for HB.
This is not to be confused with limited leave to remain (which would normally not give rise to entitlement)
Does the person have Indefinite Leave to Enter and Remain (ILER)
No - Go to Step 7
People with Indefinite Leave to Enter/Remain are subject to both stages of the HRT if they came to the UK in the last two years.
As well as providing one of the following documents, they need to show that they are habitually resident
Document required will be;
passport containing the immigration stamp granting them leave
Home Office decision letter granting them leave
Home Office vignette granting them leave
Is the person a UK, Irish nationalsIrish nationals or resident of the CTA
Republic of Ireland
No - Go to Step 8
If the person has undertaken genuine and effective work in an EEA state and has returned to the UK to work then they will be eligible to claim HB/CTB
If the claimant has been legally deported TO the UK then they will be able to claim HB/CTB
If none of the above then a UK or Irish national (or passport holder) returning to the UK or coming to the UK for the first time has to satisfy both steps of the HRT.
They will need to provide one of the following to confirm they have a right to reside, a
current passport
birth certificate
certificate from the Home Office confirming the grant of citizenship or the Irish equivalent
They will also need to prove habitual residence in the UK
Is the person an EEA National?
Go to Step 9
The rules for EEA Nationals have changed from 31st December 2020 due to the UK exit from the EU/EEA.
To be eligible an EEA Citizen must be lawfully resident in the UK at 31st December 2020 AND be registered on the European Union Settlement Scheme 2020
Where they are and they have SETTLED STATUS then this will give eligibility to HB /CTR
Where they have PRE-SETTLED status then they MUST ALSO have a qualifying 'other' status which gives rise to eligibility under the previous rules. Details of each category of person is listed below:
EEA Economically Inactive Persons
NO STATUS
If they have not registered on the EUSS or were not resident in the UK at 31st December 2020 - then there is no automatic entitlement to HB /CTR. The person will need to go through the normal immigation rules and will only qualify if they are given indefinite leave to enter and remain or settled status
DWP INSTRUCTIONS FOR CASES WHO CURRENTLY RECEIVE HB AFTER 30TH JUNE 2021
The DWP have issued instructions to authorities not to automatically cancel cases where a EEA national has NOT registered under the EUSS by the due date (30th June 2021).
The letter states that payments will be made on an EXTRA STATUTORY basis which means that technically it is not HB but that DWP and Treasury will honour payments made - DWP and Treasury will be writing to all claimants affected giving additional time to apply - if after reminders and suspension of HB, no application to the EUSS is made, DWP will instruct LAs to cancel HB.
Please note this does NOT affect CTR and only applies to cases who are in receipt of HB at 30th June 2021.
Where an EEA or Swiss citizen made an application for EUSS prior to the end of the Grace Period on 30 June 2021 and a decision was still pending on their EUSSapplication, they retain access to HB and other income related benefits until a decision is made on their EUSS application.
Additionally, they can continue to access HB and other income related benefits if they are appealing against a negative decision on their application.
There are provisions in place from the Home Office which enable EEA and Swiss citizens to submit a late application to the EUSS after 30 June 2021. It is for the Home Office to determine whether the claimant has a reasonable justification for submitting the late application.
Where a claimant has received a certificate of application from the Home Office, local authority (LA) Decision Makers should accept that the claimant has submitted a late application which has been verified and validated by the Home Office and treat it the same way as those who submitted an EUSS application before 30 June 2021. These individuals can access HB and other income related benefits until the outcome of their application has been decided or they have exhausted their appeal rights.
LA staff should ensure that reviews are set where a claimant:
is awaiting a decision on an application made before 30 June 2021
states they have made a late application which has been acknowledged by the Home Office
is appealing a decision made on an application for EUSS
Is the person a Gurkha?
Unless you have missed a step then the person will have no entitlement to HB/CTR
Just check the steps again to make sure!
See special rules for Gurkhas
From 25 October 2004, former Gurkhas who have been granted Indefinite Leave to Enter (ILE) or Remain (ILR) are able to access Universal Credit and income-related benefits (income-based Jobseeker’s Allowance, Income Support, State Pension Credit, HB and CTR) provided they satisfy the requirements of the Habitual Residence Test (HRT) and they meet the normal conditions of benefit entitlement.