Question to the Home Office:

To ask Her Majesty’s Government what steps they have taken to ensure that the habitual residence test introduced in 2014 does not exclude victims of human trafficking who are nationals of European Economic Area countries from accessing Jobseeker's Allowance.

The habitual residence test is critical to the integrity of the benefits system. To be eligible for income-related Jobseeker’s Allowance, EEA migrants must be habitually resident in the UK and provide evidence that they have been living here in the three month period prior to their benefit claim.

Victims of modern slavery are eligible for support through the National Referral Mechanism (NRM), including accommodation, for at least 45 days. In many cases victims receive support for a longer period and are likely to be able to provide evidence that they meet the habitual residence test when they exit NRM support. The Home Office and DWP are working together to make it easier for those victims whose circumstances make it difficult to provide such evidence to do so.

EEA Nationals who are identified as victims of human trafficking through the NRM may qualify for discretionary leave where, for instance, they are helping police with an investigation or where their personal circumstances are such that it would be detrimental for the individual to leave the UK. EEA Nationals granted discretionary leave for those reasons would be exempt from the habitual residence test.