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BRITONS IN SPAIN

Which UK benefits can Brits keep if they move to Spain?

You may be surprised to find out that there are a handful of UK benefits Britons can still claim if they live in Spain.

Which UK benefits can Brits keep if they move to Spain?
Benefits you definitely can’t claim from the UK while living in Spain include Job Seekers Allowance, Income Support and Winter Fuel Payment. (Photo by JORGE GUERRERO / AFP)

If you have worked in and paid taxes in the UK for a long time and then move to Spain, you may want to know if you’ll still be eligible for UK benefits.

While most benefits can’t be claimed while you live abroad, there are still some that you may be able to hold onto, depending on your individual circumstances.

Be aware that you will need to tell the UK government if you’re moving to or retiring in Spain.

UK State Pension

The most important benefit for many is their UK State Pension and the good news is that you can still claim this if you move to Spain.

The UK government website states: “You can carry on receiving your UK State Pension if you move to live in the EU, EEA or Switzerland and you can still claim your UK State Pension from these countries”.

If you live in one of the above countries such as Spain, your UK State Pension will be increased annually in line with the rate paid in the UK.

You can also count relevant social security contributions made in Spain to meet the qualifying conditions for a UK State Pension, the UK government confirms.

What about other benefits?

According to the UK government, if you’re eligible, the following benefits and payments can be paid to Britons in Spain, other EU countries and Switzerland:

  • Bereavement Support Payment and other bereavement benefits
  • Industrial injuries benefits
  • Maternity Allowance
  • Statutory Maternity Pay
  • Statutory Paternity Pay
  • Statutory Sick Pay

Keep in mind that the UK has social security agreements with EU countries like Spain that allow you to claim some benefits while you’re there, which means that your National Insurance contributions can count towards your eligibility for benefits here in Spain.

Remember, you only need to pay National Insurance contributions in the UK when you’re living in Spain if the HMRC has issued you with a special certificate. This certificate can be used as evidence that you do not need to pay social security contributions in Spain, according to the UK government. 

This situation, however, only applies if you’re temporarily living in Spain and working for a UK employer, if you’re working on a ship or are cabin crew (and your home base is the UK), if you’re working in both Spain and the UK or if you’re a civil servant working for the UK government and in EU.

The UK government website has a great tool here you can use to find out which benefits you may be eligible for while living abroad, but here’s a breakdown of some that you may be able to claim while you’re living in Spain.

Maternity Benefit

You can only claim UK maternity benefits in Spain only if you are working for a UK employer and paying Class 1 National Insurance.

Child Benefit

Generally, you can’t claim child benefits from the UK in Spain, unless you’re claiming other benefits UK at the same time, then you may be able to.

Statutory sick pay

You can only claim UK sick pay if you are working for a UK employer while in Spain.

Employment and Support Allowance

You may be able to get Employment and Support Allowance from the UK if you lived or worked in Spain before January 1st 2021, but it will depend on your specific circumstances.

Carer’s Allowance

You can only get Carer’s Allowance if the person you care for gets a qualifying benefit from the UK and if you lived or worked in Spain before January 1st 2021.

Bereavement Support Payment or Widowed Parent’s Allowance

You may be eligible to claim this type of benefit while living in Spain, but it will depend on your individual circumstances, so you will have to contact the relevant UK authorities to find out.

Tax credits

You may be able to apply for certain UK tax credits if you are also claiming other benefits from the UK at the same time and you pay tax there or if you’re a cross-border worker.

Benefits you definitely can’t claim from the UK while living in Spain include Job Seekers Allowance, Income Support and Winter Fuel Payment.

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For members

BRITONS IN SPAIN

FACT CHECK: Spain’s ‘£97 daily rule’ isn’t new nor a worry for British tourists

The British tabloids are at it again causing alarm over the so-called '£97 daily rule’ which Spain is apparently imposing on UK tourists, who in turn are threatening to ‘boycott’ the country. 

FACT CHECK: Spain's '£97 daily rule' isn't new nor a worry for British tourists

American playwright Eugene O’Neill once said: “There is no present or future – only the past, happening over and over again – now”.

In 2022, The Local Spain wrote a fact-checking article titled ‘Are UK tourists in Spain really being asked to prove €100 a day?, in which we dispelled the claims made in the British press about Spain’s alleged new rules for UK holidaymakers.

Two years on in 2024, the same eye-catching headlines are resurfacing in Blighty: “’Anti-British? Holiday elsewhere!’ Britons fume as tourists in Spain warned they may be subject to additional rules” in GB News, or “’They would be begging us to come back’: Brits vow to ‘boycott Spain’ over new £97 daily rule” in LBC.

The return of this rabble-rousing ‘news’ in the UK has coincided with calls within Spain to change the existing mass tourism model that’s now more than ever having an impact on the country’s housing crisis.

Even though Spaniards behind the protests have not singled out any foreign nationals as potential culprits, the UK tabloids have unsurprisingly capitalised on this and run headlines such as “Costa del Sol turns on British tourists”.

READ MORE: Why does hatred of tourists in Spain appear to be on the rise?

What is the so-called ‘£97 daily rule’?

Yes, there is theoretically a ‘£97 a day rule’, but it is not a new rule, nor one that applies only to UK nationals specifically, and not even one that Spain alone has imposed (all Schengen countries set their financial means threshold).

As non-EU nationals who are not from a Schengen Area country either (the United Kingdom never was in Schengen), British tourists entering Spain could have certain requirements with which to comply if asked by Spanish border officials.

Such requirements include a valid passport, proof of a return ticket, documents proving their purpose of entry into Spain, limits on the amount of time they can spend in Spain (the 90 out of 180 days Schengen rule), proof of accommodation, a letter of invitation if staying with friends or family (another controversial subject in the British press when it emerged) and yes, proof of sufficient financial means for the trip.

Third-country nationals who want to enter Spain in 2024 may need to prove they have at least €113,40 per day (around £97), with a minimum of €972 (around £830) per person regardless of the intended duration of the stay. It is unclear whether this could also possibly apply to minors.

The amount of financial means to prove has increased slightly in 2024 as it is linked to Spain’s minimum wage, which has also risen. 

Financial means can be accredited by presenting cash, traveller’s checks, credit cards accompanied by a bank account statement, an up-to-date bank book or any other means that proves the amount available as credit on a card or bank account.

Have Britons been prevented from entering Spain for not having enough money?

There is no evidence that UK holidaymakers have been prevented from entering Spain after not being able to show they have £97 a day to cover their stay, nor any reports that they have been asked to show the financial means to cover their stay either. 

17.3 million UK tourists visited Spain in 2023; equal to roughly 47,400 a day. 

Even though British tourists have to stand in the non-EU queue at Spanish passport control, they do not require a visa to enter Spain and the sheer number of UK holidaymakers means that they’re usually streamlined through the process, having to only quickly show their passports.

The only occasional hiccups that have arisen post-Brexit have been at the land border between Gibraltar and Spain (issued that are likely to be resolved soon), and these weren’t related to demonstrating financial means. 

Therefore, the British press are regurgitating alarmist headlines that don’t reflect any truth, but rather pander to the ‘they need us more than we need them’ mantra that gets readers clicking. 

To sum up, there is a £97 a day rule, but it is not new, it has not affected any British tourists to date, and it is not specific to Spain alone to potentially require proof of economic means. 

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