Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, whether it is her Department's policy that all benefit claimants should reasonably be expected to be aware of whether they do or do not pass the habitual residence test.

Access to DWP income-related benefits such as Universal Credit flows from an individual’s immigration status. The Department assesses this through the Habitual Residence Test, which has two elements: a legal right to reside test and an objective assessment of factual evidence of habitual residence. Those eligible to claim Universal Credit are required to have established habitual residence in the UK and be exercising a right to reside in the UK which grants eligibility to receive public funds (e.g. Indefinite Leave to Remain or Settled Status under the EU Settlement Scheme).

EU citizens with pre-settled status have the same access to benefits as they did prior to the introduction of the EU Settlement Scheme (EUSS). They will satisfy the right to reside element of the Habitual Residence Test and can access benefits if they are exercising a qualifying right to reside, such as a worker or self-employed person, and are habitually resident in the UK.

Guidance on the Habitual Residence Test can be found within Chapter C1: International Issues within the Advice for Decision Makers guide:

https://www.gov.uk/government/publications/advice-for-decision-making-staff-guide

Those who undertake the Habitual Residence Test will receive a letter explaining the decision, either for a pass or a fail. In respect of Universal Credit, this letter is uploaded to the claimant’s journal. If the claimant does not agree with the decision, and they have additional evidence to support their claim, they have the right to apply for a mandatory reconsideration.