Habitual Residence Test

With the exception of Universal Credit, the information requested is not held centrally for the relevant DWP benefits and to provide it would incur disproportionate costs.

DWP uses the habitual residence test for income-related benefits (Universal Credit, State Pension Credit and Housing Benefit) to assess whether customers have a legal right to reside in the UK and whether they are factually habitually resident in the UK, as required in legislation. The habitual residence test is designed to prevent access to the welfare system for those who are not eligible and do not have an intention to live and/or work in the UK, ensuring both fairness in accessing public funds and that only those eligible are able to access benefits. All claimants must meet the requirements of the habitual residence test, including British citizens returning from periods of time living abroad, unless they are part of an exempt group as laid out in legislation (such as those fleeing specific humanitarian crises abroad specified in relevant secondary legislation).