I have a client who has recently returned from Spain after living there for 3 years. She has returned along with her 3 children, all of whom were born in Britain. She has been awarded IS, CB, CTC after passing Habitual Residence Test. However her problem arises with Housing Benefit. They have stated that she must attend an interview regarding Habitual Residence but I was led to believe that this wouldn't be necessary since she has already passed this test with regards to Income Support. Is this the case or not? The Revenues department are holding up payments of LHA until she's attended this interview.

Lisa

You're right, the HB office is wrong. You could refer them to to HB Reg 10 (3B) (k) which is quite unequivocal -

"A person is not a person from abroad if he is....in receipt of income support or an income-based jobseekers allowance".

As you say, this has already been examined by DWP (and HMRC as well!). I imagine that DWP has concluded that if she is UK citizen returning to the UK to resume her residence here and as such the HRT does not even arise.

The only caveat is if they have some relevant and compelling bit of information which the DWP did not consider, which seems unlikely.

By the way, I believe there is caselaw which suggests that a local authority cannot compel a claimant to attend an interview in connection with the provision of information for a HB claim.

There is indeed.

R v Liverpool City Council, ex parte Johnson.