I have been asked to represent a case tomorrow (Tuesday 18th May 2004) at a Tribunal regarding an individual who has been disqualified from receiving Income Support due to the fact of failing the HRT. My area of expertise is Housing Benefit, not HRT issues. I will briefly outline the circumstances to you and if anyone can help it would be very much appreciated.

Mr X aged 32 lives in the UK all his life. For over 10 years Mr X is drug addict. In Sept. 2002 he leaves UK to live in Denmark with His Danish Wife. Mr X returns to UK, by himself, in August 2003. He has been offered accommodation by a Charity that provides Supported Housing to drug and alcohol abusers. The service provides accommodation with a programme of support that lasts a minimum of 2 years. Mr X has his own License Agreement and is treated as an individual in his own home. Mr X's intention is to reside in the UK for a minimum of two years, and then dependent on the situation with his wife either move back to Denmark or resettle in UK with his wife. As soon as he arrives in the UK he makes a claim for IS. The claim is refused on the basis that he fails the HRT. He is not likely to be working during the next two years as he is working through a programme of support to get him back on his feet again.

In October 2003 Mr X's relationship with his wife deteriorates and his intention of being reconciled with his wife looks less likely. From this point onwards he begins to rethink his future and has moved towards the fact that he may be looking to live in the UK permanently.

I have to present the case tomorrow afternoon and would be extremely grateful for any help proffered.

The reason for my lateness is that Mr X has asked to represent him at the Tribunal instead of the manager of the Charity - who knows nothing about the benefit's system at all. I am trying to pull all the stops out and get some help with this before tomorrow.

Thank you all.

If anyone has any cases or documents that the think may help then please email me at mdr@makeport.org

Should have stated that I will be leaving for the hearing @ 1:45pm.

Any advice of help would be most definitely appreciated.

Thanks to all.

There is a useful recent decision by Commissioner Jacobs, CIS/4474/2003, which sets out a structure for decision-makers and tribunals to adopt in "tackling the habitual residence issue" as well as makeing useful points on factors relevant to considering "habitual residence" in general (including ties with other countries;practical realities of life; viability; period of appreciable residence;and centre of interest).

You can access a summary of the decision, as well as a link to the actual decision itself, in the rightsnet briefcase.

From what you say, your client claimed IS "on arrival" in the UK.

Howvever, what was the date of the decision that he failed the HRT?

The tribunal could be asked to consider not only if he met the HRT from his date of claim, but failing that, if he met it by the date of the decision under appeal.

If you want to use the decision,you should print a copies out and take them to the hearing, both for yourself, and the tribunal.

Thank you so much for the help you provided. We won the appeal.

The Chairman ruled that Mr X was habitually resident in the UK (he ruled on the basis that Mr X had expressed an intention to pursue a collage course in October 2003 and was now in the process of applying to do the course in August 2004 - he took this as the evidence of the intention to remain in the UK).

The Chairman stated that the appreciable period of time that would need to elapse was 1 month from the date of entry into the country. The claims have thus been agreed from October 1st 200 ).

I am most grateful for your help and want to take the opportunity to thank you for your time.

Yours Kindly

MDR

Middle line should have read:

The claims have thus been agreed from October 1st 2003 ).