Habitual Residence Test - How to satisfy the habitual residence test?

For the following means-tested benefits , to satisfy the Habitual Residence Test, you must be ‘habitually resident in fact’, and also satisfy the right to reside test: 

• Council Tax Support 
• Housing Benefit  
• Income Support 
• Income-based Jobseeker's Allowance 
• Income-related Employment and Support Allowance 
• Pension Credit 
• Universal Credit 

For the following benefits, to satisfy the Habitual Residence Test, you must be ‘habitually resident in fact’: 

• Adult Disability Payment (in Scotland) 
• Attendance Allowance
• Best Start Grant (in Scotland), but only if you are under 20 and not in receipt of a qualifying benefit 
• Carer's Allowance
• Child Disability Payment (in Scotland) 
• Disability Living Allowance
• Personal Independence Payment
• Young Carer Grant (in Scotland) 

When am I ‘habitually resident in fact’? 

To be ‘habitually resident in fact’ you must show that you are living in the ‘ Common Travel Area ’ and have a ‘settled intention’ to continue living here for the time being.

In most cases, you also need to have been actually resident in the ‘ Common Travel Area ’ for an ‘appreciable period’. 

How long this period has to be is not fixed, and depends on your circumstances.

Between one and three months residence is required in most cases, but it can be shorter.

The stronger the evidence of your ‘settled intention’, the shorter the period that counts as an ‘appreciable period’ for you.

You may be accepted as habitually resident sooner if you were previously habitually resident here, but went abroad for a significant period and are now returning to live here. 

The habitual residence test applies to all claimants, including if you are a British citizen who lived abroad and have now returned to the Common Travel Area .