Benefits for migrants: tools and templates
Our tools and templates about benefits for migrants help you correctly identify your client's legal position in this complicated area of welfare rights law and help you challenge unfavourable decisions.
Note:
Our tools and templates are adaptable. For example, you can use:
- the arguments in our mandatory reconsideration tools and templates to help you draft an appeal submission; and
- the arguments in our template appeal submissions to help you draft a mandatory reconsideration request.
Note: our appeal submission templates are correct on the date they were last reviewed, so please check them carefully and update as necessary before using them. The legislation relevant to your appeal is the legislation in force on the date of the decision you are appealing against. You can look up the legislation online and see the changes to it over time at legislation.gov.uk.
Tools and templates
Are you a 'person subject to immigration control'?
Use our tool to check if your immigration status means you count as a 'person subject to immigration control' and to understand how this affects your entitlement to benefits (for subscribers).
Do you have a right to reside?
Use our tool to check if you count as having a right to reside for benefit purposes and to understand how this affects your entitlement to benefits (for subscribers).
Pre-settled status under the EUSS and universal credit
Appeal submission templates
Use this appeal template for an EU national with pre-settled status who is refused universal credit under SSWP v AT because DWP say that they are outside the personal scope of article 10 of the Withdrawal Agreement (due to not having an EU law right of residence at 31 December 2020. See our SSWP v AT test case page for more information and resources for advisers.
EU national with pre-settled status refused UC under SSWP v AT (FTT15)
Use this appeal template for a Ukrainian national whose UC award was ended after they were granted pre-settled status, as the DWP said they no longer satisfied the habitual residence test (it can also be adapted for nationals of certain other countries):
Ukrainian national granted pre-settled status and then refused UC (FTT13)
Refugee making new claim for universal credit
Judicial review pre-action letter templates
If you are an adviser, check our judicial review pre-action protocol template letters:
Judicial review pre-action template letters: benefits for migrants