Social Security Benefits: Undocumented Migrants

To access public funds benefits, individuals are required to be either a British or Irish citizen or hold an immigration status which does not prevent them from accessing public funds. The Department of Work and Pensions (DWP) cannot pay public funds benefits, such as Universal Credit, to a person if the Home Office has applied a ‘No Recourse to Public Funds’ condition to their immigration status.

Nationals of countries other than the UK and Ireland who have a valid immigration status and that does not prohibit recourse to public funds are subject to the same eligibility criteria as any other claimant, including the need to be ‘habitually resident’ (meaning they have made the UK their home in addition to having a legal right to claim benefits).

The Department has defined ‘ineligible immigration status’ as a claimant with a ‘No Recourse to Public Funds’ condition attached to their immigration status or who have no valid UK immigration status. The Department has provided a figure on the number of individuals who undertake the Habitual Residency Test (HRT) and fail due to being a ‘Person Subject to Immigration Control’, i.e. having No Recourse to Public Funds.

There were 38,000 individuals who were refused Universal Credit due to fail reason: ‘Person Subject to Immigration Control’ between May 2024 and April 2025. The Department does not hold equivalent information for non-Universal Credit benefits and to provide it would exceed cost limits.