Does anyone have information on the habitual residency test?

LplateSaver

I applied for contribution based ESA 3 weeks ago and today I received a habitual residency form to fill in. I don't understand why I've been given this test and considering I go back to work in 3 weeks, it sounds like applying for ESA is going to have been more hassle than it is worth. I still need to pay rent so I've filled in the form and sent it back, but I'm still curious as to why I was given the test, any knowledgeable people able to help?

I've looked online and found this from the gov website:
"The habitual residence test applies to IS, JSA(IB), ESA(IR) and SPC"

But I haven't applied for income related ESA, I've applied for contribution based ESA.

The second bit, which confuses me even more as to why I was given the test is this:
"The legislation requires that a claimant is habitually resident in the UK, the Channel Islands, the Isle of Man or the Republic of Ireland. This is known as the Common Travel Area (CTA)1"

I've never lived outside the Common Travel Area in my life! And have lived in London for the past 3 years.

I couldn't find anymore information on what triggers the Habitual Residency test, does anyone know?

Also I couldn't find if it applies to Contribution based ESA too, only that Contribution based ESA was left out from this publication https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/410800/dmgch0703.pdf I don't understand why the government can't be more clear on what it does and does not apply to rather than just ignoring contribution alltogther unless reference to contribution ESA and the habitual residency test is to be found on another site?

missapril75

LplateSaver wrote: »

...today I received a habitual residency form to fill in. I don't understand why...I've never lived outside the Common Travel Area in my life! And have lived in London for the past 3 years.

The answer to a question about having been outside the UK is usually what triggers the form's issue.

Have you actually been out of the UK in a way that might appear to be more than a holiday?

LplateSaver

missapril75 wrote: »

The answer to a question about having been outside the UK is usually what triggers the form's issue.

Have you actually been out of the UK in a way that might appear to be more than a holiday?

No holidays since I moved out of parents can't afford them :rotfl:
Went from living 21 years in the IOM to living in London for 3 years. How long will it take before I stop being given a habitual residency test? 5 years? 10 years? Never? The lack of information available on their website is very annoying.

LplateSaver

Ok I've found more info from the House of Commons

"How the test is applied
The Habitual Residence Test is applied to people (unless they fall into one of the exempt
categories), including British citizens, who have been resident in the Common Travel Area21
for two years or less, and who claim any one of the following benefits/services:22
• Income Support
• income-based Jobseeker’s Allowance
• Income-related Employment and Support Allowance
• Pension Credit
• Housing Benefit
• Council Tax Benefit
• access to local authority housing
The test only applies to the claimant, not their partner or dependants."

file:///C:/Documents%20and%20Settings/Maria/My%20Documents/Downloads/SN00416.pdf

This document is dated 2011 so unless things have changed it sounds like I'm being discriminated against because of where I was born and am being given the test despite their guidelines stating that I am not one of the categories of people who are required to have the test and the benefit I'm trying to claim isn't even a benefit covered by the test I really hate the job centre :rotfl:

missapril75

LplateSaver wrote: »

Went from living 21 years in the IOM to living in London for 3 years.

So something must have indicated an arrival on the mainland within the last 5 years. Shouldn't be a problem though. Not everyone knows what the "common travel area" is.

LplateSaver wrote: »

This document is dated 2011 so unless things have changed

There has been a change but not one hugely relevant to your situation.

it sounds like I'm being discriminated against because of where I was born and am being given the test despite their guidelines

Do they have info on where you were born? Seriously, it's very likely someone involved in the early stage of your claim not being aware of this specialised area of benefits that apply to very few people.

pmlindyloo

missapril75 wrote: »

So something must have indicated an arrival on the mainland within the last 5 years. Shouldn't be a problem though. Not everyone knows what the "common travel area" is.


There has been a change but not one hugely relevant to your situation.


Do they have info on where you were born? Seriously, it's very likely someone involved in the early stage of your claim not being aware of this specialised area of benefits that apply to very few people.

I agree. Must admit I didn't know that if you were born on the IOM then you are not a British Citizen nor an EU member but the IOM is considered to be part of the Common Travel area! (Think I've got it right!)

Don't worry about it. Either give them a ring and ask why you have had to complete the form (may be something to do with NI contribution????) and ask a Decision Maker to look at your claim asap.

LplateSaver

pmlindyloo wrote: »

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Don't worry about it. Either give them a ring and ask why you have had to complete the form (may be something to do with NI contribution????) and ask a Decision Maker to look at your claim asap.

I did ring them, got transferred to the tax department who were helpful and informed me I have contributed enough NIs in the last 2 years (they only count the last two) but I will probably have to borrow money to cover rent while the jobcentre runs around with its knickers in a twist.

LplateSaver

missapril75 wrote: »

Shouldn't be a problem though. Not everyone knows what the "common travel area" is.

It's kind of sad that citizens of a country don't understand its makeup and relations to territories but agencies administering government benefits without understand (or bothering with) government guidelines is strange!

Seriously, it's very likely someone involved in the early stage of your claim not being aware of this specialised area of benefits that apply to very few people.

What specialized area? I didn't think contributory ESA was a specialized area? Is it too much to ask that the Jobcentre staff member tasked with handling contributory ESA claims be knowledeable on contributory ESA? Like I said I don't know the procedure but from what I've found the test is not applied to people claiming contributory ESA.

lighting_up_the_chalice

LplateSaver wrote: »

It's kind of sad that citizens of a country don't understand its makeup and relations to territories but agencies administering government benefits without understand (or bothering with) government guidelines is strange!



What specialized area? I didn't think contributory ESA was a specialized area? Is it too much to ask that the Jobcentre staff member tasked with handling contributory ESA claims be knowledeable on contributory ESA? Like I said I don't know the procedure but from what I've found the test is not applied to people claiming contributory ESA.

But it is applied to people claiming HB, and it is the DWP who determine that persons status as either a worker, retained worker or job-seeker. That status may have an impact on any HB claim made.

missapril75

LplateSaver wrote: »

It's kind of sad that citizens of a country don't understand its makeup and relations to territories

Oh I think it's mainly understood but these things have different meanings to different agencies.

It was a major part of my job dealing with the HRT when it was introduced in 1994 but I had never heard the term 'common travel area' until then.

What specialized area? I didn't think contributory ESA was a specialized area?

Not just ESA or JSA but the specialised area of immigration controls, what counts as persons from abroad (it's not just someone from abroad) the habitual residence test and its ever changing rules about who is exempt, who isn't etc that only apply to a small number of the millions who claim benefits.

I never understand why people expect so much of DWP employees.

If one works for a cigarette company one doesn't know all about the packaging, where the paper is ordered from, what else is added to tobacco, what countries the product is exported to, who makes the machinery, sales policy, wage levels, rates of global taxation on the product and all the rest of it.

TELLIT01

HRT is not required for a Contributions only claim for ESA and you shouldn't have to complete it.