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Social Security Benefits: EU Nationals

Question for Department for Work and Pensions

UIN 42039, tabled on 3 September 2021

To ask the Secretary of State for Work and Pensions, what estimate she has made of the number of claimants granted pre-settled status under the EU Settlement Scheme who will lose access to benefits; and what support her Department is putting in place in those cases.

Answered on

8 September 2021

The Home Office’s EU Settlement Scheme (EUSS) allows EU citizens to apply for an immigration status and ensure that they have the right to live, work and access income based benefits. EU citizens may be granted settled or pre-settled status, depending on whether they have been resident in the UK for a continuous period of more than five years.

EU citizens with pre-settled status have the same access to benefits as they did prior to the introduction of the EU Settlement Scheme (EUSS). They will satisfy the right to reside element of the Habitual Residence Test and can access benefits if they are exercising a qualifying right to reside, such as a worker or self-employed person, and are habitually resident in the UK.

As long as an individual continues to exercise a treaty right, those with pre-settled status can continue to access benefits. Moving from pre-settled status to settled status will not result in losing benefits if the application is made in time.

Named day
Named day questions only occur in the House of Commons. The MP tabling the question specifies the date on which they should receive an answer. MPs may not table more than five named day questions on a single day.