Habitual Residence Test:Written question - 132655

Q
Asked by Luke Pollard
(Plymouth, Sutton and Devonport)
Asked on: 14 March 2018
Department for Work and Pensions
Habitual Residence Test
Commons
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.
A
Answered by: Kit Malthouse
Answered on: 21 March 2018

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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