Habitual Residence Test

Department for Work and Pensions written question – answered on 21st March 2018.

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Photo of Luke Pollard Luke Pollard Labour/Co-operative, Plymouth, Sutton and Devonport

To ask the Secretary of State for Work and Pensions, what assessment she has made of whether refugees should be required to pass a habitual residence test for benefits after being granted refugee status.

Photo of Kit Malthouse Kit Malthouse The Parliamentary Under-Secretary of State for Work and Pensions

A right to reside in the UK is one of the eligibility conditions for those claiming income-related benefits. Those that are required to provide evidence of their right to reside are subject to the Habitual Residence Test (HRT). The HRT contains two elements: an assessment of the legal right of residence and an assessment of factual habitual residence. Refugees who provide documentation which confirms their legal right to reside in the UK will satisfy the HRT. Refugees are exempt from the assessment of factual habitual residence if the Home Office have granted them leave to remain in the UK with recourse to public funds.

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