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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

When is the Habitual Residence Test applied?

Patrick Graham
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Welfare Benefit Appeals Team, Citizens Advice BANES

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Joined: 25 May 2016

I have a client who is better off on UC (did a better off calc). She is currently receiving income-related ESA and Housing Benefit. She is a Jamaican national and has limited leave to remain until the end of 2021. It is unclear to me what precisely her immigration status is and therefore whether she is exempt from the HRT.
Based on my reading of the CPAG handbook at p.1586 onwards, I would assume she will have to satisfy the HRT and, given her situation, I presume she will pass this. However, I know that a lot of people do have problems proving right to benefit under UC. Therefore, I have suggested to the C she get some further advice on whether she is exempt from the test and/or what evidence she should supply to ensure she passes the HRT.
However, a colleague wondered whether she might not be asked to undergo an HRT.

Therefore, my question is:
If she claims UC, will an HRT necessarily be applied to her? Is the HRT always applied to non-UK nationals?

Thanks for your consideration!

Elliot Kent
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There is no special magic to the HRT, it is just DWP jargon for the process of establishing whether a person has a right to reside and is habitually resident in fact which have been conditions of entitlement for most benefits for a long time now.

The DWP will typically consider these issues in any case where the person indicates that they are not a UK national and/or have been out of the UK in the past two years. This consideration will not always be a “full” HRT i.e. an interview/questionnaire. Sometimes it will be obvious from the documents and there will be no need to interview the claimant.

It seems obvious from the facts of your case that the client has a right to reside which is not subject to an NRPF condition so has a right to reside for UC purposes. This can be established from her paperwork. It also seems likely that she is habitually resident in fact because she is just about to enter into the last year of her leave and these sorts of leave are usually issued for a few years. I would not anticipate a great deal of delay whilst these issues are considered. They tend to be more problematic for EEA claimants whose right to reside cannot be established just by looking at their papers and/or people who have only recently arrived in the UK.

Patrick Graham
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Welfare Benefit Appeals Team, Citizens Advice BANES

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Total Posts: 2

Joined: 25 May 2016

Hi Elliot, thank you very much for your comprehensive reply.