Carer's Allowance Immigration Rules, Habitual Residence and the Past Presence Test

Three Tests You Must Pass

Beyond the 35-hour caring requirement and the earnings limit, Carer's Allowance has habitual residence, past presence and immigration conditions.

1. Habitual Residence

You must be habitually resident in the Common Travel Area: the UK, Republic of Ireland, Isle of Man or Channel Islands. This is a separate test from the past presence test, and simply having a settled home in the UK does not establish that you meet every residence condition.

Scotland has replaced Carer's Allowance with Carer Support Payment, administered by Social Security Scotland. If you live in Scotland, you cannot claim Carer's Allowance — you claim through the Scottish system instead.

2. The Past Presence Test

For a Carer's Allowance claim in England and Wales, you must have been physically present in Great Britain for at least 104 weeks out of the previous 156 weeks. In Northern Ireland, the test is based on presence in Northern Ireland for 104 of the previous 156 weeks.

The weeks do not have to be consecutive. DWP considers the actual periods you were present; a short part of a week does not automatically count as a full week. If you spent time abroad and then returned, your total period of presence may still meet the test.

3. Immigration Control

You must not be subject to immigration control unless an exemption applies. This is distinct from the habitual residence and past presence conditions.

EU, EEA and Swiss Nationals

GOV.UK says people from the EU, Switzerland, Norway, Iceland or Liechtenstein and their family members usually need settled or pre-settled status under the EU Settlement Scheme to get Carer's Allowance. They must still meet the other eligibility conditions.

Settled or pre-settled status does not remove the other Carer's Allowance conditions, including the relevant past presence test.

Irish citizens have an automatic right to reside under the Common Travel Area and do not need settled status.

People Subject to Immigration Control

If your permission to stay has a "no recourse to public funds" (NRPF) condition, you generally cannot claim Carer's Allowance unless an exception applies. This condition is attached to many work, student and family visas.

Some immigration routes allow access to public funds:

• Indefinite Leave to Remain (ILR) without an NRPF condition — this usually meets the immigration condition, but a maintenance undertaking can still affect eligibility
• Refugee status or humanitarian protection — you can claim, and the past presence test is waived
• Discretionary leave with recourse to public funds — you can claim, subject to the past presence test
• Asylum seekers waiting for a decision — generally cannot claim Carer's Allowance

If you have NRPF and are experiencing destitution, you may be able to apply to the Home Office to change your conditions, depending on your immigration route and circumstances. This is a separate immigration process outside the benefits system.

Exemptions from the Past Presence Test

Certain groups are exempt from the 104-week requirement:

• Refugees and people granted humanitarian protection — exempt from the past presence test under specified rules
• Serving armed forces personnel and qualifying family members
• People returning from posted work abroad for certain UK employers or international organisations

These are not the only exemptions in the regulations. Exemption from the past presence test does not remove the other conditions.

Temporary Absences

If you go abroad temporarily, Carer's Allowance can usually continue for up to 4 weeks in a 26-week period.

Longer absences affect both the past presence count (for future claims) and your current payment. Leaving the UK permanently does not always stop Carer's Allowance: export rules may allow payment in an EEA country or Switzerland if you meet their conditions.

Northern Ireland Differences

In Northern Ireland, the past presence test counts time in Northern Ireland, not England and Wales. The Department for Communities' Disability and Carers Service administers claims through nidirect.

Getting Help

Immigration-related benefit claims are among the most complex areas of welfare law. If your situation involves any uncertainty about your immigration status, your past presence, or an NRPF condition, seek advice before claiming. Citizens Advice, local law centres, and organisations like CPAG (Child Poverty Action Group) and Praxis Community Projects provide specialist guidance.

The Carer's Allowance Claim Guide covers the residence and presence tests as part of the full eligibility framework, but for immigration-specific situations, independent legal advice is the safest route.

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