When is the Habitual Residence Test applied?

I have a client who is better off on UC (did a better off calc). She is currently receiving income-related ESA and Housing Benefit. She is a Jamaican national and has limited leave to remain until the end of 2021. It is unclear to me what precisely her immigration status is and therefore whether she is exempt from the HRT.
Based on my reading of the CPAG handbook at p.1586 onwards, I would assume she will have to satisfy the HRT and, given her situation, I presume she will pass this. However, I know that a lot of people do have problems proving right to benefit under UC. Therefore, I have suggested to the C she get some further advice on whether she is exempt from the test and/or what evidence she should supply to ensure she passes the HRT.
However, a colleague wondered whether she might not be asked to undergo an HRT.

Therefore, my question is:
If she claims UC, will an HRT necessarily be applied to her? Is the HRT always applied to non-UK nationals?

Thanks for your consideration!
http://dlvr.it/RnljWS

Leave a comment

Your email address will not be published.


*


css.php