Habitual Residence Test
Work and Pensions
John Hemming (Birmingham, Yardley, Liberal Democrat)
James Plaskitt (Parliamentary Under-Secretary, Department for Work and Pensions; Warwick and Leamington, Labour)
The habitual residence test is working well preventing access to income-related benefits, such as income-based jobseeker's allowance and income support, ensuring that they are only paid to people with reasonable ties to the United Kingdom and who intend to settle here. Someone, with a right to reside in the UK, will be more likely to pass the habitual residence test if they have previously lived and worked in the UK and have returned to resume their residence here.
Someone who has paid sufficient national insurance contributions to satisfy the qualifying conditions for contributory benefits will not be subject to the habitual residence test.