Habitual residence test exemptions guidance

This memo gives guidance on amendments to the regulations which provide that a claimant is ineligible for benefit where they are a “person from abroad” or, in the case of pension credit, a “person not in Great Britain.

Memo DMG 14/14 applies to claims for income support, income based jobseeker’s allowance, income related employment and support allowance and pension credit.”.

As a result of the regulation change the following are exempt from the habitual residence test. A claimant who

1. is an EEA national and a “qualified person” as a worker or S/E person
2. is an EEA national who retains worker or Self employed status under specified legislation
3. is a family member of 1. or 2.
4. is a person exempted from the normal rule concerning the right of permanent residence or
5. is a refugee or
6. is a person who

• has been granted discretionary leave to enter or remain in the UK outside the Immigration Rules
• has been granted leave to remain outside the Immigration Rules under the Domestic Violence concession or
• is deemed to have been granted leave outside the Immigration Rules by virtue of specific legislation which, in accordance with an EU directive 8 provides temporary protection to persons affected when the Council of the EU decides that there is (or will be) a mass influx of displaced persons who cannot return to their country of origin.

7. has humanitarian protection granted under the Immigration Rules or
8. is a person who is not subject to immigration control and who is in the UK as a result of his deportation, expulsion or other removal by compulsion of law from another country to the UK.