Habitual Residence Test | CPAG

Habitual Residence Test

NOTE all letters will need editing to confirm your client has a qualifying right to reside, ie, if s/he is not British or Irish that s/he has either:
 
• EU Settled Status, or
• EU Pre-Settled Status and a qualifying Right to Reside under the EEA Regs, or
• applied to the EU Settlement Scheme and is awaiting a decision and has a qualifying Right to Reside under the EEA Regs, or
• leave to enter or remain in the UK other than pre-settled status or leave to enter as a holder of an EUSS Family Permit of Travel Permit

 

JR14 Incorrectly required to meet HRT for UC – refugee (last updated April 2021)

JR88 Incorrectly required to meet HRT for UC – Destitution Domestic Violence concession (last updated July 2021)

JR10 UC delay in providing UC MR decision (when MR was requested of HRT decision- but can be edited for any MR) (last updated Nov 2021) 

JR78 Failure to apply St Prix period correctly re Child Benefit (ie, treated a worker for reasonable period following child birth) (last updated Sept 2020) 

JR50 Delay in implementing a positive HRT decision and consequent delay in UC (last updated April 2021)

JR40 Delay in making an HRT decision and consequent delay in UC (last updated April 2021)

JR41 Failure to make enquiries to establish HRT or accept C's oral evidence (last updated July 2021) 

JR117 Suspension of UC when claimant applied to the EUSS before the 30/06/21 deadline but has not yet received a decision and had a non I(EEA) Regs leave to remain with recourse to public funds before the end of the transition period on 31/12/20 (V4 Last updated Oct 2021) Kindly drafted and shared by Hackney Community Law Centre, who may be able to accept a referral if this template is unsuccessful, please contact the law centre

JR118 Suspension of UC when claimant applied to EUSS before the 30/06/21 deadline but has not yet received a decision and had an I(EEA) Regs right to reside (eg, worker) before the end of the transition period on 31/12/20 (last updated Nov 2021)