Employment and Support Allowance (ESA)
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ESA

n31n31 Member Posts: 18 Listener
Hi 
I applied for esa recently. I have been told that the decision makers are looking at hrt test for me as eu national. Why do i need to do hrt test and normally is the outcome?
Thanks

Replies

  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @n31

    If you're an EEA national who has come to the UK and wants to claim certain means-tested  benefits, you must meet the conditions of the habitual residence test (HRT). This test is carried out to make sure that if you're planning to claim these benefits, you've a legal right to be in the UK (the right to reside) and that you're intending to settle here for the time being (habitual residence).

    You can read more about this on the CAB site
    Scope
    Senior online community officer
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi n31 Sam has signposted you to some useful information. If your usual home is in the UK and you've been here for a while, then the usual problem with the habitual residence test (HRT) is whether you have a right to reside. There are lots of different routes to having a right to reside which will depend on your work history and in some cases what other family members are doing. This page shows some of the possible different routes. https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/eea-nationals-and-the-habitual-residence-test/ You may be asked for more information to show, for example, how long you have been in the UK, any periods of work, what your family members are doing or have been doing. There isn't any one normal outcome, but I do see a lot of right to reside decisions where the situation hasn't been explored fully by the DWP, and as a result a right to reside gets missed and the claimant is turned down. That's why, if you can, you should show the DWP what right to reside you have. For example, if you've been working in the UK for five years, it would be useful to say so and provide proof (that would give you what we call 'permanent right to reside'). However, it's not always as straightforward as that. I suggest that you have a look at the routes to the right to reside on the CAB website, and come back to us if you have any further questions. Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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