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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

Habitual residence test

davidsmith
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Welfare Rights, Brighton Unemployed Centre Families Project

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Total Posts: 19

Joined: 21 May 2015

To what extent is production of a passport a requirement to passing the HRT?

Slovakian national, has ID card, Slovakian citizenship card and birth certificate, has been moving around but lived and worked in the country for 9 years. Yet they are refusing HRT on the fact he cannot produce his passport - which he had stolen from him.

I don’t think it’s necessary and at the next available opportunity shall be disputing this - but know HRT can be vague, so thought I’d run this by.

ClairemHodgson
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Solicitor, SC Law, Harrow

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Joined: 13 April 2016

i am at a loss to understand how failing to provide a passport can be said to show he hasn’t been here….. presumably you can show he has in fact been here?

do we stamp passports when people come here any more?  especially EU people?

Giles Elliott
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benefitsowl.info, Manchester

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Joined: 30 July 2013

Passports of EU nationals are not routinely stamped on entry to (or exit from) UK. The passport is therefore of no value in showing how long a person has (or has not) been in the UK. As your client has clear documentary evidence of both identity and nationality, I can see no justifiable reason for the DWP requiring sight of their passport (there is no specific requirement, as far as I can find, to produce a passport). Realistically your client’s only option is to push the DWP to make a decision on the basis of the evidence provided and then challenge the decision if benefit is refused for reasons relating to failure to provide passport. If they continue not to make a decision i would raise the matter as a formal complaint.Good luck!