Asked by: Rupert Lowe (Independent - Great Yarmouth)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 12 November 2024 to Question 12868 on Habitual Residence Test, how many habitual residency tests for Universal Credit there were, excluding factual habitual residency tests, in each of the last five years.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
Habitual Residence Tests (HRT) always assess whether individuals are factually habitually resident. For an individual to be factually habitually resident they must have been living here for a significant period of time and have a settled intention to remain. There were therefore no HRTs over the past 5 years which excluded an assessment of factual habitual residence.
Asked by: Neil O'Brien (Conservative - Harborough, Oadby and Wigston)
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.
Asked by: Rupert Lowe (Independent - Great Yarmouth)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 4 November 2024 to Question 11207 on Habitual Residence Test, how many habitual residence tests related to Universal Credit assessments have been granted in each of the last five years.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
The table below gives the number of Universal Credit (UC) Habitual Residence Test (HRT) assessments that resulted in a ‘pass’ decision in the past five years.
Date Decision Entered on Admin System | Number of UC HRT 'Pass' Decisions |
April 2019 to March 2020 | 381,000 |
April 2020 to March 2021 | 918,000 |
April 2021 to March 2022 | 1,046,000 |
April 2022 to March 2023 | 555,000 |
April 2023 to March 2024 | 533,000 |
April 2024 to September 2024 | 322,000 |
Source: DWP internal analysis of UC Dataworks tables)
Notes:
Asked by: Rupert Lowe (Independent - Great Yarmouth)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many habitual residence tests have been granted in each year of the last five years.
Answered by Andrew Western - Parliamentary Under-Secretary (Department for Work and Pensions)
With the exception of Universal Credit, the information requested is not held centrally for the relevant DWP benefits and to provide it would incur disproportionate costs.
DWP uses the habitual residence test for income-related benefits (Universal Credit, State Pension Credit and Housing Benefit) to assess whether customers have a legal right to reside in the UK and whether they are factually habitually resident in the UK, as required in legislation. The habitual residence test is designed to prevent access to the welfare system for those who are not eligible and do not have an intention to live and/or work in the UK, ensuring both fairness in accessing public funds and that only those eligible are able to access benefits. All claimants must meet the requirements of the habitual residence test, including British citizens returning from periods of time living abroad, unless they are part of an exempt group as laid out in legislation (such as those fleeing specific humanitarian crises abroad specified in relevant secondary legislation).
Asked by: Neil O'Brien (Conservative - Harborough, Oadby and Wigston)
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.
Asked by: Neil O'Brien (Conservative - Harborough, Oadby and Wigston)
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.
Asked by: Neil O'Brien (Conservative - Harborough, Oadby and Wigston)
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.
Oct. 22 2024
Source Page: I. Universal Credit guidance 2024 [update of previous guidance deposited April 2024, DEP2024-0442]. 207 docs. II. Letter dated 16/10/2024 from Stephen Timms MP to the Deposited Papers Clerk regarding documents for deposit in the House libraries. Incl. file list at Annex D. 8p.Found: residence element of the Habitual Residence Test ( HRT ) when applying for Universal Credit and will
Oct. 22 2024
Source Page: I. Universal Credit guidance 2024 [update of previous guidance deposited April 2024, DEP2024-0442]. 207 docs. II. Letter dated 16/10/2024 from Stephen Timms MP to the Deposited Papers Clerk regarding documents for deposit in the House libraries. Incl. file list at Annex D. 8p.Found: Habitual Residence Test Contents Introduction What is the Habitual Residence Test?
Asked by: Samantha Niblett (Labour - South Derbyshire)
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.