Glossary · UK
What is Habitual Residence Test?
A condition for entitlement to many UK means-tested benefits requiring claimants to have their settled centre of interest within the Common Travel Area (UK, Ireland, Channel Islands and Isle of Man).
Full Definition
The Habitual Residence Test (HRT) was introduced in 1994 and must be satisfied before a person can claim certain UK means-tested benefits, including Universal Credit, Housing Benefit, Income Support, income-based Jobseeker's Allowance, income-related Employment and Support Allowance, and Pension Credit. The test has two limbs: first, the claimant must have an "appreciable period" of residence in the Common Travel Area (CTA -- comprising the UK, Republic of Ireland, Channel Islands and Isle of Man); and second, they must have a genuine and settled intention to remain there as their centre of interest. Factors considered include the length of time already spent in the CTA, the purpose of the visit and plans for the future, employment status, family connections, property and assets, and whether the previous country of residence has been given up. There is no fixed period that automatically satisfies the HRT -- the decision maker looks at all the circumstances. UK nationals returning from abroad (for example, after working overseas) may need to spend a period re-establishing habitual residence before they qualify. Some groups are automatically deemed to pass the HRT without needing to satisfy the appreciable period requirement: these include returning UK armed forces personnel, workers who are nationals of the EU/EEA and covered by certain social security regulations, and refugees. The HRT is separate from, but often applied alongside, the Right to Reside test for EEA nationals.