Habitual Residence Test

(asked on 9th June 2021) - View Source

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, whether her Department has made an assessment of the potential impact of covid-19 international travel restrictions on an individual's ability to meet the criteria for the Habitual Residency Test.


Answered by
Justin Tomlinson Portrait
Justin Tomlinson
This question was answered on 15th June 2021

Eligibility for Universal Credit and other income related benefits depends on an individual’s immigration status. In order to assess this the Department operates a Habitual Residence Test (HRT). The HRT contains two elements: an assessment of the legal right of residence and an assessment of factual habitual residence.

All claimants to income related benefits must be factually habitually resident in the UK in order to make a claim. Existing benefit recipients who have left the country on a temporary basis and found it difficult to return due to Covid-19 travel restrictions, will satisfy the second element of the HRT upon their return if they can be shown to be resuming a former period of residence. Each case would be dealt with on an individual basis.

Income-related benefits are only payable to people who are in the UK and cannot be claimed by those outside the UK. The Department has put into place measures to support existing benefit recipients in exceptional cases where their absence abroad goes over the period allowed under the temporary absence benefit rules and are awaiting repatriation due to covid-19 travel restrictions.

FCDO consular staff continue to provide advice and support to British nationals who face financial difficulties overseas due to the Coronavirus pandemic. Those in real financial distress whilst stranded overseas can seek advice and support from their local consular team, who will be able to advise on any local support that may be available as well as facilitate contact with friends and families who may be able to help.

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