Welfare benefits: means-tested benefits - EU pre-settled status

This session provides an overview of the entitlement to means-tested benefits for those with EU Pre-Settled status

Delivered by Hannah Lennox, Welfare Rights Supervising Solicitor, BPP University and Frankie Hall, Trainee Solicitor, BPP University. This recorded session provides an overview of the rules governing entitlement to means-tested benefits for those with EU pre-settled status.

The session will cover:

  • EU pre-settled status: the right to reside test
  • Case law
  • Challenging decisions


Our thanks to Frances and Hannah for sharing their expertise.

Below is an update to the case mentioned at the end of the session (29th May 2024)


Update: SSWP v AT (AIRE Centre and IMA Intervening) [2022] UKUT 330 (AAC); SSWP v AT [2023] EWCA Civ 1307

The Supreme Court has dismissed the Secretary of State’s application for permission to appeal and therefore the Court of Appeal’s decision is final.  The Court of Appeal dismissed the Secretary’s appeal from the Upper Tribunal which held that AT, an EU national with EU Pre-Settled Status was entitled to rely on the EU Charter of Fundamental Rights after the end of the ‘transition period’ and access Universal Credit, despite having no EU right to reside.  The decision rests on the finding that the Secretary must consider the risk of having to live in undignified conditions posed to claimants by a decision to refuse to award the benefit.

Dignified conditions means that the claimant and their dependents ought to have adequate food, clothing and accommodation (including heating for the accommodation).  Theoretical availability of other support, such as under section 17 of the Children Act, does not necessarily overcome the risk.  The claimant will need to show that they are unable to work.

What does this mean for claimants with EUPSS

If a claimant with EUPSS has no qualifying right to reside for the purposes of means tested benefits, the DWP must assess whether they would be exposed to the risk of not being able to live in the UK in dignified conditions if their claim were to be refused.  In such cases, the benefit ought to be awarded.



Year of Publication

Type of Resource

Date of publication

Friday, March 31, 2023

Area of law

Date last reviewed

Friday, March 31, 2023