Immigration status and Benefits - If your child is a person subject to immigration control

If you are not a person subject to immigration control, but your child is, the way this affects your benefits differs depending on the specific benefit. 

If you do not know your child’s immigration status you need to get immigration advice before you claim any benefits that could include an amount for them.

Universal Credit 

You can include a child in your Universal Credit claim, and be paid the child element (subject to the two child limit), and, if relevant, the disabled child addition and childcare costs element, regardless of the child’s immigration status. If the child’s leave is subject to a 'No Recourse to Public Funds' condition, getting Universal Credit could breach this condition and put  their current or future right to remain in the UK at risk. Get specialist immigration advice before you make a claim. 

Housing Benefit 

If your child is a person subject to immigration control, they are included in your housing benefit claim (subject to the two child limit). The housing benefit therefore includes a personal allowance for them and any premiums they qualify for. If the child’s leave is subject to a 'No Recourse to Public Funds' condition then getting housing benefit could breach that condition and put their current or future right to remain in the UK at risk. Get specialist immigration advice before you make a claim. 

Council tax support 

If your child is a person subject to immigration control, they are included in your council tax support claim.  If  the child’s leave is subject to a 'No Recourse to Public Funds' condition then getting council tax support could breach that condition and put their current or future right to remain in the UK at risk. Get specialist immigration advice before you make a claim. 

Pension Credit 

If your child is a person subject to immigration control, they are included in your pension claim (provided you are not getting tax credits as well).  The pension credit therefore includes an additional amount for them. If the child’s leave is subject to a 'No Recourse to Public Funds' condition then getting pension credit could breach that condition and put their current or future right to remain in the UK at risk. Get specialist immigration advice before you make a claim. 

Tax Credits 

If your child is a person subject to immigration control, they are still included in your claim (subject to the the two child limit).   

If your child’s leave is subject to a 'No Recourse to Public Funds' condition then whether the claim for tax credits breaches this condition depends on whether it is a joint claim made with a partner who is a person subject to immigration control. If it is, then the amounts paid for your children are not regarded as breaching their 'No Recourse to Public Funds' condition. However, in all other circumstances a tax credit claim which includes the child does breach that condition. You should get specialist immigration advice if you are getting tax credits and your child’s leave is subject to a 'No Recourse to Public Funds' condition. 

Non- means tested Benefits 

If you are entitled to Child Benefit, you can claim it for a child you are responsible for, regardless of the child’s immigration status.   

If the child’s leave is subject to a 'No Recourse to Public Funds Restriction', claiming child benefit for them breaches that condition and puts their current or future right to remain in the UK at risk. Get specialist immigration advice before you claim child benefit for a child whose leave is subject to a No Recourse to Public Funds restriction. 

Disability benefits for children 

Disability Living Allowance (DLA) and Child Disability Payment (CDP) (in Scotland) are claimed by the child and therefore it is their immigration status that counts. If the child is a person subject to immigration control they cannot claim DLA or CDP regardless of their parents’/carers’ immigration status. They will not be excluded from DLA or CDP if they are not defined as a person subject to immigration control, even if their parent/carer is.