Someone who belongs to the family of a national of any of the following countries might still have entitlement to benefits under European free movement rules, which have been preserved for many people who were already living in the UK before 1 January 2021. 

They may also be able to claim benefits if they have, since before 1 January 2021, been the main carer for a schoolchild whose parent is or has been an EEA worker.

The same rules apply to family members of Swiss nationals.

The EEA consists of the following countries:

• Austria
• Belgium
• Bulgaria
• Croatia
• Cyprus
• Czechia
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Hungary
• Iceland
• Ireland (but Irish citizens are entitled to benefits under the same rules as British citizens)
• Italy
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• Malta
• Netherlands
• Norway
• Poland
• Portugal
• Romania
• Slovakia
• Slovenia
• Spain
• Sweden

A family member means a spouse, civil partner, child under 21, child over 21 who is still dependent on his/her EEA parent or step-parent, or a parent or grandparent who is dependent on the EEA national. Other, less direct relatives (eg siblings) and unmarried partners only count as family members if they have a residence card confirming their status.

Also, the person who has day to day care of a child at school whose parent/step-parent is or has been an EEA worker may well have what is known as a derivative right to reside in the UK which allows him/her to claim benefits.