Father has failed the Habitual residence test twice.

bflare

My 61 year old father moved to Italy 5 years ago hoping to live the rest of his life out there. Unfortunately his health became an issue and he had to have an operation on his pancreas and he then started suffering with mobility issues. He decided that the best option would be to come back to England and live with me. He came back on the 25th November and cut all ties with Italy. He has registered a doctors and his driving license along with his bank account are all at my address. He went to the job centre to start a claim for universal tax credit and he's also been referred to a specialist for his hips and has a fit note for one month.

He has just been notified that he has failed the HRT test for the 2nd time. This is what the letter says:

"We are writing to tell you that you have not passed the right to reside and habitual
residence test.
Although, as a British citizen, you have the right of abode in the United Kingdom
(UK), you claimed Universal Credit shortly after you re-entered the country, which is
not an appreciable period of time. You have, therefore not demonstrated that you
are habitually resident in the UK.
This means that you are a person who must be treated as not in Great Britain.
Therefore, you do not have any entitlement to Universal Credit at this time.
If your circumstances change, you can make a new claim to Universal Credit.
What happens next
We have returned your claim to your local Service Centre. They will now determine
your claim and notify you of your entitlement to Universal Credit.
What if I disagree with this decision?
You can: ask us to explain, and ask us to reconsider our decision. If at the end of
this you still don't agree with our decision you can appeal to an independent tribunal"

I understand that it can take 3 months but I'm not sure what else we can Do?

Any advice please?

elsien

What was he living on while in Italy? He must have planned how he would support himself financially - does that not apply now?

ETA - this was all explained to you in September. Did you take any further advice from anyone then with regards to this potential outcome?

NeilCr

To be honest I can't say I am surprised

You need to challenge the decision

https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/if-you-fail-the-habitual-residence-test/what-to-do-if-you-fail-the-habitual-residence-test/

I'd be inclined to seek advice from CAB/local advice centre. Both of you have been flying by your seats of your pants in this situation. I, totally, applaud your support of your dad but getting support/advice from outside looks like the way forward to me.

Alice_Holt

https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/british-and-irish-citizens-claiming-benefits/

Re-apply on 26th Feb?

"Rules that came into force on 1 January 2014 mean that, if you're claiming income-based jobseeker's allowance and do need to show that you are habitually resident, you cannot be viewed as habitually resident until you've been living in the UK or elsewhere in the common travel area for at least three months. This means that if you claim income-based jobseeker's allowance immediately on your return to the UK from outside this area you won't receive this benefit for at least three months."

xylophone

https://forums.moneysavingexpert.com/discussion/comment/74937850#Comment_74937850

He did check on the pension situation?

https://forums.moneysavingexpert.com/discussion/comment/74953137#Comment_74953137

Has he tried CAB for assistance?

bflare

elsien wrote: »

What was he living on while in Italy? He must have planned how he would support himself financially - does that not apply now?

He had savings but he had to pay for the operation. He still has some savings but obviously this will not last for ever. He cannot live with me indefinitely and he cannot apply for sheltered housing until he passes HRT.

elsien

His savings don't need to last forever, just till he is entitled to claim benefits again.
Do you have any idea how much he has left as this may also affect his entitlement when he is able to claim?

bflare

xylophone wrote: »

https://forums.moneysavingexpert.com/discussion/comment/74937850#Comment_74937850

He did check on the pension situation?

https://forums.moneysavingexpert.com/discussion/comment/74953137#Comment_74953137

Has he tried CAB for assistance?

He had a private pension which he drew a lump sum from when he was 50 and the rest he cannot touch until 65.

We visited welfare rights on his return but not the CAB.

bflare

elsien wrote: »

His savings don't need to last forever, just till he is entitled to claim benefits again.
Do you have any idea how much he has left as this may also affect his entitlement when he is able to claim?

He has around 2k and he's living with me so luckily I can support him with living costs. He has got money to last him a good few months but we are just concerned why he has failed it with all the proof we have given them as to his intention of living in the UK for good.

calcotti

bflare wrote: »

He has around 2k and he's living with me so luckily I can support him with living costs. He has got money to last him a good few months but we are just concerned why he has failed it with all the proof we have given them as to his intention of living in the UK for good.

I believe there is generally a requirement, if you have been absent for more than a year, to have been here for 3 months before you satisfy the HRT. DWP are applying this general rule.

elsien

From the CAB site:
Even if you can show that you intend to settle in the UK, you must also normally show that you have actually lived here for an 'appreciable' period of time before you will be treated as habitually resident.

The length of time that you need to have actually lived here may vary from person to person but is unlikely to be more than 3 months.
If you are claiming income-based jobseeker's allowance, regulations say that you cannot satisfy the conditions of the habitual residence test until you have lived in the Common Travel Area for at least 3 months.

Maybe he's met the other criteria but just hasn't been back long enough yet to qualify.
I'd go back to welfare rights with the letter and get help to appeal.