Can you go on multiple consecutive 1 month holidays abroad while on Universal Credit?

NCLDH

theoretica said:

Habitual residence seems also to depend on if you have UK nationality or if not when you got settled status.

Spend too long in another country and you may become liable for tax returns there.

I was born in the UK. 

calcotti

theoretica said: Habitual residence seems also to depend on if you have UK nationality or if not when you got settled status.

Those things affect the ‘right to reside’ part of the test, the issues raised by the OP primarily concern the ‘habitually resident’ part of the test. 

It seems to me that if you had several trips away to different places it is easier to demonstrate that U.K. remains your centre of interest whereas if you spend more than half the year in the same place overseas it becomes more difficult.

tomtom256

It also depends on what you are expected to be doing, in order to remain entitled to UC i.e job searching etc.

NCLDH

tomtom256 said:

It also depends on what you are expected to be doing, in order to remain entitled to UC i.e job searching etc.

As I mentioned in the original post I am not subject to work search requirements. My query was based almost entirely on the question of habitual residency. My understanding of it is that if I spent 6+ months in UK I would be fine, but more than that seems uncertain. 

NCLDH

*less than 6 months in the UK would be uncertain

Alice_Holt

NCLDH said:

 I am self employed and can carry out my business remotely, meaning I am not subject to  work search appointments and could theoretically complete my work while on 'holiday' at my parents villa abroad. 

      One thing to consider re timescales - 
      At what point will your self employment become subject to the UC MIF rules ?

       https://revenuebenefits.org.uk/universal-credit/guidance/entitlement-to-uc/self-employment/minimum-income-floor/

       When the MIF is applied to you, would you then have any remaining entitlement to UC?     

xxxxxxxx

Nannytone said:

Since brexit, you wouldnt be allowed to spend 10 months a year in an EU country

Why not? Every time you leave and come back the clock starts ticking again.  What would stop him from doing it?

NCLDH

Alice_Holt said:

      One thing to consider re timescales - 
      At what point will your self employment become subject to the UC MIF rules ?

     When the MIF is applied to you, would you then have any remaining entitlement to UC?     

Good point to mention. I earn above the MIF and still have a remaining entitlement. Basically all I wanted to know was the maximum amount of time per year I could spend abroad without breaking any rules, but no one seems certain. 

xxxxxxxx

The rules of UC as they are, allow you to go out the UK for up to one month at a time. That's it. If you want to do what you are saying then I see no problem arising.  Habitual Residence Test is to see if you qualify on a new claim,  AFAIK it has no effect once a claim has been allowed.  

The only problem I see is what if something happened and your claim got closed.  Then you have to satisfy the HRT to make the new claim.  
IDK about HRT rules, but what grumpy-chap said above would be important, keeping and maintaining bank accounts, a residence and relationships within the UK would be important.  

NCLDH

xxxxxxxx said:

The rules of UC as they are, allow you to go out the UK for up to one month at a time. That's it. If you want to do what you are saying then I see no problem arising.  Habitual Residence Test is to see if you qualify on a new claim,  AFAIK it has no effect once a claim has been allowed.  

The only problem I see is what if something happened and your claim got closed.  Then you have to satisfy the HRT to make the new claim.  
IDK about HRT rules, but what grumpy-chap said above would be important, keeping and maintaining bank accounts, a residence and relationships within the UK would be important.  

Thanks for the response. My concern was whether they could close an established claim or worse yet apply the habitual residence test retrospectively, but like you say all of the guidance on habitual residence I have found only discusses it within the context of a new claim.