Habitual Residence Test Alert Sample


Alert Sample

Alert results for: Habitual Residence Test

Information between 25th January 2025 - 15th April 2025

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Written Answers
Habitual Residence Test
Asked by: Neil O'Brien (Conservative - Harborough, Oadby and Wigston)
Thursday 27th March 2025

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, if she will make an estimate of the cost to the public purse of (a) personal independence payments and (b) disability living allowance payments to households containing at least one claimant that passed a habitual residence test in each year since 2015.

Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)

The Department has no current plans to make such an estimate.

Employment and Support Allowance: Habitual Residence Test
Asked by: Neil O'Brien (Conservative - Harborough, Oadby and Wigston)
Thursday 27th March 2025

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, if she will make an estimate of the total cost to the public purse of Employment and Support Allowance payments to households containing at least one claimant that passed a habitual residence test in each year since 2015.

Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)

The Department has no current plans to make such an estimate.

Universal Credit: Habitual Residence Test
Asked by: Neil O'Brien (Conservative - Harborough, Oadby and Wigston)
Thursday 27th March 2025

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, if she will make an estimate of the total cost to the public purse of universal credit payments to households containing at least one claimant that passed a habitual residence test in each year since 2015.

Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)

The Department has no current plans to make such an estimate.

Universal Credit: Habitual Residence Test
Asked by: Neil O'Brien (Conservative - Harborough, Oadby and Wigston)
Thursday 27th March 2025

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, if she will make an estimate of the total cost to the public purse of universal credit payments to households containing at least one claimant with a non-Common Travel Area nationality that passed a habitual residence test in each year since 2015.

Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)

The Department has no current plans to make such an estimate.

Social Security Benefits: Foreign Nationals
Asked by: Samantha Niblett (Labour - South Derbyshire)
Monday 24th March 2025

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, in what circumstances benefits are paid to foreign nationals.

Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)

It is the expectation of the Government that, in general, migrants coming to the UK should be able to maintain and accommodate themselves without recourse to ‘public funds’ (such as Universal Credit). Access to benefits flows from an individual’s immigration status, which the Home Office grants.

If an individual holds a valid immigration status that also allows them to access public funds benefits (i.e., they do not have a “No Recourse to Public Funds” condition), then they are subject to the same eligibility criteria as any other customer. This usually includes meeting the requirements of the Habitual Residence Test (for income-related benefits), the Past Presence Test (for disability benefits), and / or necessary National Insurance contributions (for contributions-based benefits).

People who are in the UK illegally (i.e. those without immigration status) cannot access DWP public funds benefits. Asylum seekers also cannot access DWP public funds benefits whilst their application is being processed and decided by the Home Office.

People the UK has welcomed as refugees or under special Afghan and Ukraine visa schemes can access benefits as soon as they have been granted their immigration status (provided they meet the other relevant eligibility criteria). This ensures that can access the support they need quickly, given the unusual and difficult circumstances of their arrival.




Habitual Residence Test mentioned in Welsh results


Welsh Government Publications
Tuesday 23rd April 2024

Source Page: White Paper on ending homelessness in Wales
Document: Consultation responses: part 4 (PDF)

Found: The ‘habitual residence test’, used in the health sector is materially different from a ‘local connection

Tuesday 7th November 2023

Source Page: Written Statement: Draft Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No. 3) Regulations 2023 (7 November 2023)
Document: Written Statement: Draft Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No. 3) Regulations 2023 (7 November 2023) (webpage)

Found: The UK Government has already made changes to the way it applies the habitual residence test for those

Monday 22nd May 2023

Source Page: Written Statement: Tabling of the draft Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No. 2) Regulations 2023 (22 May 2023)
Document: Written Statement: Tabling of the draft Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No. 2) Regulations 2023 (22 May 2023) (webpage)

Found: which began on 15 April 2023, the UK Government has made changes to the way it applies the habitual residence test

Friday 8th April 2022

Source Page: Written Statement: Tabling of the draft Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2022 (8 April 2022)
Document: Written Statement: Tabling of the draft Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2022 (8 April 2022) (webpage)

Found: British nationals and others not subject to immigration control, will be exempt from the habitual residence test

Thursday 10th December 2020

Source Page: EU citizens living in Wales: community integration, equality of opportunity and equality of outcome
Document: EU citizens living in Wales: community integration, equality of opportunity and equality of outcome (PDF)

Found: helped EU citizens access the benefits system, helping them to solve issues relating to the Habitual Residence Test

Friday 1st May 2015

Source Page: Consultation on the Code of Guidance to Local Authorities on the Allocation of Accommodation and Homelessness 2015
Document: Consultation document (PDF)

Found: immigration Control Prescribed as Eligible Other Persons from Abroad who are ineligible The Habitual Residence Test

Thursday 8th May 2014

Source Page: Eligibility regulations regarding allocation of housing and homelessness assistance
Document: Appendix (PDF)

Found: In relation to the habitual residence test, there are certain categories of persons who are exempt from

Tuesday 27th March 2007

Source Page: Review of local authority allocation schemes
Document: Review of local authority allocation schemes (PDF)

Found: Amendment) (England) Regulations 2004 however, established an additional exemption from the habitual residence test



Welsh Written Answers
WQ86841
Asked by: James Evans (Welsh Conservative Party - Brecon and Radnorshire)
Wednesday 7th December 2022

Question

What has the Welsh Government done to support Hongkongers in Wales on a British National (Overseas) visa with housing?

Answered by Minister for Climate Change

The Welsh Government remains committed to being a Nation of Sanctuary and to welcoming those who arrive in Wales via the Hong Kong BN(Overseas) visa scheme.  As such in October 2021 we amended our housing and homeless regulations (the Allocation of Housing and Homelessness( Eligibility) ( Wales) Regulations 2014) to extend eligibility rights of Hong Kong BN(O) visa holders, making them eligible for housing and homelessness assistance, subject to passing the habitual residence test and the removal of the no access to public funds condition on their visa.
 

It remains a disappointment that the Welsh Government was previously promised £1.81m for support to Hong Kong arrivals by the UK Government in 2021/22, - on the basis of which we planned activity - which was not subsequently provided. National welcome for Hong Kong arrivals - GOV.UK (www.gov.uk)



Welsh Senedd Debates
13. The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No. 3) Regulations 2023
None speech (None words)
Tuesday 14th November 2023 - None
8. The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No. 2) Regulations 2023
None speech (None words)
Tuesday 6th June 2023 - None
6. Papers to note
None speech (None words)
Monday 22nd May 2023 - None
8. The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2022
None speech (None words)
Tuesday 26th April 2022 - None