Can a HRT be done over the phone?

Angus_Olivier

From your link :


Exemptions from the habitual residence test :

Some people are exempt from the habitual residence part of the test. If you are exempt you will not have to show that you are habitually resident. For example, you may be exempt if you:

* are a refugee or have been granted discretionary leave or leave under humanitarian rules
have been granted leave under a domestic violence concession

* are not subject to immigration control and have been deported, expelled or removed from another country to the UK

* are an EEA worker or an EEA self-employed person, or a family member of that person

* are an EEA national who has worked in the UK but is now unable to work because of incapacity, or involuntary unemployment, or you have retired, or you are the family member of that person.

- - - - -

From https://www.homeless.org.uk/sites/default/files/site-attachments/Entitlements%20of%20EEA%20Nationals%20March%202018_0.pdf

Who is exempt from the habitual residence test

Always start by checking if the EEA national is exempt from the habitual residence test. To be exempt from the habitual residence test for means-tested benefits, the claimant must come into one of a list of exempt groups.

The exempt groups most relevant to EEA nationals are:

• an EEA national with ‘worker status’ or ‘self-employed status’ – including if they have ‘retained’ either status (see p12-13); or

• a family member (i.e. spouse, civil partner or (grand)child (who is either under 21 or a dependant)) or

dependant (grand)parent) of someone in the group above; or

• have a ‘permanent right to reside acquired in less than five years’ (see p14); or

• (Housing Benefit only) are receiving income-related ESA, income support or pension credit
If the EEA national is in one of these exempt groups they do not need to separately satisfy the different part of the habitual residence test – see example 1 on p16.

The benefit authorities often fail to check if a claimant is exempt from the habitual residence test so if relevant it should be highlighted to the decision maker.

calcotti

They may still need to see you in order to check whether you are exempt.

[Deleted User]

With worker status.

They need to go in with proof of that status

Ineededaname

You don't decide you are exempt, a DWP decisions maker does based on evidence you provide. You must attend an appointment to do so. That appointment could be quicker if it is not a full residency test but it is still required. In the last paragraph of your post you underlined what you wanted to and completley ignored the part that mentions the involvement of a decision maker.

As they have asked you to attend a HRT you must have started your claim..I'm assuming this means you have had your identity verified? Was this a home visit or did you go to the job centre?

Ultimately only the DWP can tell you if they will conduct a home visit and at present they have said no. As others have suggested all you can really do is ask them and back this request up with further medical evidence. I'm just concerned that you should have been IDd and if you attended for that I can't see them offering a home visit now.

This also might not be a one off. If you believe you qualify as an EEA worker and then cease work the residency would be reviewed again. Other changes could also trigger a review. I assume your are employed and sick at the moment?

You've bolded the part about 5 year permanent residency as well. If you want to be granted that you would probably require the full residency test in order to demonstrate this. They could be asking for substantial evidence for this.

If you could make arrangements to attend, possibly with the help.of friends or family, this would probably be the best course of action for you. The claim won't be payable until this is resolved. Convincing the DWP you require a home visit and having this arranged is going to delay everything further, especially if they are staying they do not have people trained. Presumably they would have to make special arrangements and who knows how long that could take.

parkrunner

Angus_Olivier wrote: »

From your link :


Exemptions from the habitual residence test :

Some people are exempt from the habitual residence part of the test. If you are exempt you will not have to show that you are habitually resident. For example, you may be exempt if you:

* are a refugee or have been granted discretionary leave or leave under humanitarian rules
have been granted leave under a domestic violence concession

* are not subject to immigration control and have been deported, expelled or removed from another country to the UK

Note the one bolded word.