Government benefits

Child Benefit is usually paid to the person responsible for the child. If you were not the Child Benefit claimant before fleeing domestic violence, you should make a new claim for a child or children you are responsible for.

If you had opted not to receive Child Benefit because your former partner’s income was over £50,000, once you have separated, you should ask for payment to be reinstated.

If you were getting Tax Credits as a couple, your joint claim can be ended. You will usually have to make a new single claim for Universal Credit instead. If there was an overpayment in your old joint tax credits claim with your partner, you should be asked to repay no more than 50% of the overpayment. Tell the tax credit office you have been affected by domestic abuse – they have a dedicated team to ensure your claim is dealt with appropriately, and that you are not asked to provide information that could put your safety at risk.

To access most Government benefits, you have to satisfy a ‘residency condition’. To claim Income Support, Income-related ESA, Income-Based JSA, Housing Benefit, Child Tax Credit and Universal Credit you have to satisfy the ‘right to reside’ test. If you are an European Economic Area (EEA) national who came to the UK before 31.12.20 and you are working or you have recently stopped working, you should satisfy this test.

There are several other ways you might satisfy the test, even if you have never worked in the UK. This is a complex area and it is important that you seek further advice. You can call the National Domestic Abuse Helpline for further information, and look on the Citizen’s Advice website, Rights of Women website and The AIRE Centre website. A domestic abuse support worker can also help you to navigate the benefits system. If you think your partner might be tracking how you use the internet, read these tips on safer browsing before searching for support online.

Settled status under the EU Settlement Scheme (EUSS)

Because of Brexit, EU law and freedom of movement will stop in UK. If you are an EU citizen living in the UK on or before 31.12.20 you must apply for status under the settlement scheme to protect your continuing residence in the UK. It really important that you do this straight away as the settlement scheme closes to new applicants on 30.6.21.

If you are an EEA national who was in the UK on or before 31.12.20 you only have until 30.6.21 to apply for:

• Settled Status if you have been here for five years or more, or
• Pre-Settled Status if you have been here for less than five years

If you have Settled Status you can apply for benefits. There is no fee to apply for Settled Status, but you may want to reach out for support. A list of organisations offering support can be found here.

Details of how to apply and the deadline for applying can be found on the government website.

If you are an EEA national who comes to the UK after 31.12.20 you are treated in the same way as someone from outside the EEA and you have to apply for entry under the points scheme and entry is normally subject to no recourse to public funds which prevents access to most benefits.

Housing Benefit provides financial help towards your rent. It is paid if you are out of work, or in work and living on a low income.

There are special provisions if you are temporarily absent from your home through fear of domestic abuse. These provisions also apply if you get your rent paid through Universal Credit housing costs.

If you intend to return to your former home, you can receive Housing Benefit on two homes (for both a former permanent home and temporary accommodation), so that you don’t lose the former home. This can be paid for up to 52 weeks.

If you have worked in the last two to three years and you are now either looking for work or are too unwell to work, you can claim Jobseekers Allowance (JSA) or Employment and Support Allowance, based on your national insurance contributions. It does not matter how much money you have in savings, as these are not a means tested benefit.

If you’ve been a victim of domestic abuse and are claiming JSA, you are entitled to a break from job seeking and work preparation requirements for up to 13 weeks. This period can be extended at the discretion of your Job Centre work coach, so speak to them about what the domestic abuse you have been experiencing.

If you have come to the UK on a family visa as a spouse, civil partner or unmarried partner and you need to leave home through fear of domestic abuse, you can apply for a Destitution Domestic Violence (DDV) concession. This will allow you to claim benefits for up to three months – for example, while UK Visas and Immigration consider your application to settle in the UK. You should seek specialist immigration advice on this.  Domestic abuse specialists can support you through this process – call Refuge’s Helpline so we can connect you with a service.

If you entered the UK as the partner of an EEA national (rather than a British national) and have fled domestic abuse, you may be able to gain access to benefit through European law. Get further legal advice if this applies to you.

The Law Society can provide you with details of immigration solicitors in your area. This work is covered by Legal Aid.

If you and your children cannot get access to benefits because you have no recourse to public funds (NRPF) you can approach your local authority for help.