Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what assessment she has made of the reasons for EEA nationals failing the habitual residency test when applying for universal credit.
Eligibility for Universal Credit depends on a person’s immigration status in the UK. In line with EU law, EEA nationals must be exercising a legal right to reside, such as worker or self-employed status, and be habitually resident in the UK to be eligible for income-related benefits. EEA nationals may now apply to the EU Settlement Scheme to protect their entitlement to access UK benefits and public services.
The Department is committed to monitoring its policies, regularly reviewing and analysing the relevant data. Information on HRT appeals is not readily available and to provide it would incur disproportionate cost.