— Glossary

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  2. Glossary
  3. Exclusion Criteria

Exclusion Criteria

Non-legal words

The following are excluded from most means-tested benefits:

  • People from outside the European Economic Area who do not have leave to enter or remain in the UK (eg asylum seekers), or whose leave prohibits them from claiming public funds (eg students)
  • People from the European Economic Area who do have a right to reside in the UK under European law
    • Generally this means people who have lived in the UK for less than five years and are not active in the job market, not taking part in self-employment and do not have sufficient means to be self-sufficient
  • People with capital over £16,000
    • Although this does not apply to Tax Credits and Pension Credit

In addition the following people are excluded specifically from Housing Benefit:

  • People who are absent from their home for longer than 13 weeks or, if the absence is for certain special reasons (including medical treatment), 52 weeks
  • Most full time students (there are some exceptions)
  • People with contrived or non-commercial tenancies
  • People whose tenancy has certain characteristics that are considered to be an abuse of the HB scheme (including renting from a former partner who used to live in the same home; renting from trustees or from a company with which the claimant has close connections)
  • People whose housing costs are covered by a different benefit (mortgage interest and long leaseholders’ ground rent and service charges)