Habitual Residence Test
Work and Pensions

Photo of John Hemming

John Hemming (Birmingham, Yardley, Liberal Democrat)

To ask the Secretary of State for Work and Pensions if he will revise the habitual residence test to take into account the length of time claimants paid tax in the UK before moving abroad.

Photo of James Plaskitt

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.

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