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Habitual Residency Test
Have recently had to presentations from clients who have both come to the UK from Bermuda, so are British Overseas Citizens, they are not related. claim A in October 2012, claim B in Feb 2014, both have family members already in the country
Claim A suffered a heart attack soon after their arrival so claimed ESA only to be told he has no access to public funds for 6 months
Claim B made a claim for JSA and was told he has no access to public funds for 3 months
While I can understand why Claim B has the to wait 3 months, do to new rule on Habitual Residency Test, I do not understand why Claim A has to wait 6 months and when speaking to the DWP I can get no clear explanation either
Can any one help and give any ideas for challenges
I cannot fathom any possible way that a decision maker in their right mind would conclude that someone who has lived in the UK since 2012 will not establish his/her habitual residence until late 2014.
I know there is often a degree of caution when it appears that an expat Brit returning home (and BOTCs are kind of the same thing) might just be here to make temporary use of the NHS before resuming their life in the sun but I would have thought that after 17 months those doubts would have evaporated in this case.
I am stumped.
the JSA claim’s stumped but the 6 month decision was nonsense.
Edit: I thought they were both ESA decisions.
[ Edited: 14 Mar 2014 at 01:04 pm by Dan_Manville ]what a fool i am i put the wrong date
both we recent claims, October 2013, and Feb 2014.
OK, in that case I suppose a decision that the ESA claimant has not yet established a settled intention to remain in the UK might be within the bounds of a reasonable conclusion. It’s a bit like the ducking stool though isn’t it: stay here for six months and starve to death, or go back to Bermuda thus proving that you are a witch.
But a Tribunal on a good day might take a more generous view, maybe even a diufferent DWP officer will do so at mandatory recon stage. It is certainly a harsh decision even if it’s not as bizarre as it first sounded.