ESA and HRT

I have a client who has made a claim for ESA back in OCT 2012 on the 9th April we were informed that the client has to undergo a HRT. However after contacting DWP, no information was sent to HRT team, wick Scotland. Since chasing them up we have been informed they made an error. And now info has been passed to HRT Wick

Also client claims CTC.  Am I right in thinking if Tax Credits already pay, she is eligible for ESA as Tax Credits see here as having passed HRT and this has a positive knock effect for her ESA claim?

Could somebody enlighten me please.

Hi Bryan,
You’ve not detailed the circumstances of your client? Where they’ve come from? Whether they fit into the exempt category for the Habitual Residence Test (HRT)?
However, in the absence of this info there are two parts to the HRT, the right to reside (in the Common Travel Area) and habitually resident in fact.  You cannot be habitually resident unless you have the right to reside.  Child Tax Credit and Child Benefit form part of the right to reside test, but ESA (Income Related), along with I/S, PC, JSA(IB) and HB/CTB, forms part of the habitual residence test, so in short, no is the answer to your question as you have to satisfy both parts of HRT.  The DWP will check right to reside in the first instance but then go on to determine HRT.

Apologies Rachel

Client is from an A8 country has been here since 1996. Husband has worked on and off, but when not working has chosen not to claim, wife has stayed at home to look after children (4) two of whom were born here in 2001 and 2010. My client, the wife, has been in receipt of benefits on and off since 1998, then out of the blue a HRT was done, although the DWP did not inform my client. So HRT without asking for any evidence at all denied her ESA claim. I contacted Wick HRT and they informed us there was NO necessity to send any letters informing client of their decision. Of course I asked how she could appeal, i was informed to look on line. All children except youngest is in education and youngest at nursery. Hope this helps

Bryan R - I note from your profile that you are from Folkestone based organisation B48S. I’m always interested in collating details of local advice services for signposting purposes- the KCC Benefits Team that I’m part of are limited to representing Social Services clients only and often need to signpost non-clients elsewhere. Are you able to get in touch to advise the scope of your service (geographic area covered?, home visiting? etc)?  - Steve dot Murphy at Kent dot gov dot uk