SLloyd
Welfare Rights Adviser/Trainee Solicitor, Thorpes Solicitors, Hereford
Member since
03rd Feb 2005
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RE: A8 national & Right to Reside
Fri 16-Sep-05 03:28 PM |
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I have found an HTML copy that the DWP sent me. This is a cut and paste copy but I can e-mail you the original if you let me have your e-mial address before 5pm today (our server is being shut down for maintenance):
Media Centre / Press releases archive / DSS Press Releases archive / June 1999 / Press Release
14th June 1999
Habitual residence test reforms provide fairer access to income-related social security benefits
People returning to the UK from living abroad are to get fairer access to benefits - but tough action to prevent 'benefit tourism' will continue, it was announced today.
The reforms to the Habitual Residence Test follow a Departmental review and take into account a recent European Court of Justice judgement.
Social Security Minister Angela Eagle said:
'Taken together, we believe these measures will result in fairer access to income-related benefits and will streamline the administrative process, while ensuring security against possible abuse of the benefits system by those with no real links to the UK.'
The main reforms:
UK and other nationals returning to the UK from any country overseas who are re-establishing their ties can be accepted as habitually resident immediately upon their return;
The social security system will continue to be safeguarded from possible abuse by people with little or no connection to the UK;
The period when habitual residence enquiries are made will be reduced from five years to two years;
Improvements will be made to the administrative process.
In answer to a Parliamentary Question from Oona King MP (Bethnal Green & Bow) Ms Eagle said:
'The Government has now concluded its review of the Habitual Residence Test and has identified a package of measures to produce a fairer and more efficient test. The test was introduced by the previous Government to tackle the perceived phenomenon of 'benefit tourism'. However to date the majority of people adversely affected have been UK nationals.
'It is right that our social security system should be safeguarded from abuse by people with little or no connection to the UK and we will continue to do this. Clearly though it is also important to ensure that income-related benefits are available to UK nationals and other nationals who have strong and legitimate links to this country.
'This Government believes that the package will address these two concerns. We have accepted a recent judgement of the European Court of Justice which has made it clear that people returning to the UK from an EU member state and re-establishing their ties here should be treated as habitually resident immediately upon their return.
'However we believe it would be wrong to limit this important principle to people returning from a member state of the EU and have issued guidance to staff administering the test advising them to extend the effect of the judgement to people returning from any country overseas and re-establishing their ties here.
'We also propose to legislate to add to the categories of people who are to be treated as habitually resident those people who are brought here from an area of civil unrest or who are deported to the UK. Otherwise, subject to any guidance which may be given by the House of Lords in Nessa v The Chief Adjudication Officer(1) The Secretary of State for Social Security(2), a decision on which is awaited, the Habitual Residence Test will continue to apply to seek to prevent abuse by those who do not have the appropriate ties to this country.
'We intend also to reduce the period when habitual residence enquiries are made from five years to two years and to introduce administrative improvements.
'We will trial a standard proforma, with a view to national implementation, to facilitate a more consistent approach to information gathering and decision making on cases requiring habitual residence action. We will also monitor the effects of how the test now operates.
'Taken together we believe these measures will result in fairer access to income-related benefits and will streamline the administrative process, while ensuring security against possible abuse of the benefits system by those with no real links to the UK.'
Notes for editors top of page
The European Court of Justice cased referred to is that of Mr Robin Swaddling, a UK citizen who lived and worked in France for several years. When he subsequently returned to the UK, his claim for income support was refused because, before claiming benefit, he had not completed a sufficient period of residence in the UK to be considered habitually resident. The European Court decided that a requirement for an appreciable period of residence should not be a determining factor in a decision as to habitual residence for people such as Mr Swaddling ie people who were once habitually resident in the UK; then moved to work in another Member State and became habitually resident there; and subsequently returned to seek work in the UK where their family live.
The Nessa case referred to concerns the application of the requirement for an appreciable period of residence in determining habitual residence where the person concerned came to the UK having previously lived all her life in Bangladesh.
Latest figures (April 1998 - March 1999) show that some 113,000 claims to Income Support and income-based Jobseeker's Allowance were subject to the Habitual Residence Test. Of these 84% of claims were found to be habitually resident and 88% of claims from UK nationals were successful. Approximately 18,500 claims did not pass the test, of which some 10,500 claims were from UK nationals.
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