Habitual Residence Test - Who is exempt from the Habitual Residence Test?

You are exempt from the Habitual Residence Test for means-tested benefits if: 

• You are a refugee or have humanitarian protection. 
• You lived in Ukraine until the end of 2021 and left in connection with the Russian invasion in February 2022 and you have leave in the UK or you are British or Irish  
• You left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK 
• You left Sudan in connection with the violence that escalated from April 2023 and you were living in Sudan before then and you have leave in the UK or you are British or Irish
• You have been granted leave outside the Immigration Rules - including Discretionary Leave and Destitution Domestic Violence Concessionary Leave. 
• You are not subject to immigration control and have been deported, expelled or removed from another country to the UK 
• You are an EEA national who has a ‘worker’ or ‘self-employed’ status  in the UK, including if you have retained that status 
• You are a family member of someone in either of the above two groups.   
• You are an EEA national with a permanent right to reside due to having ceased work because you retired or became permanently incapable of work – or you are the family member of such an EEA national and were when they stopped work 

For council tax support, the groups exempt from the Habitual Residence Test are broadly the same as for housing benefit and are therefore broadly those listed above.  However, there are some slight differences and these vary between England, Wales and Scotland.  If you are refused council tax support, get advice. 

For Young Carer Grant (in Scotland), you are exempt from the Habitual Residence Test if: 

• You are a refugee or have humanitarian protection. 
• You lived in Ukraine until the end of 2021 and left in connection with the Russian invasion in February 2022 and you have leave in the UK or you are British or Irish  
• You left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK 
• You left Sudan in connection with the violence that escalated from April 2023 and you were living in Sudan before then and you have leave in the UK or you are British or Irish
• You have been granted leave outside the Immigration Rules including Discretionary Leave and Destitution Domestic Violence Concessionary Leave. 
• You are not subject to immigration control and have been deported, expelled or removed from another country to the UK.

For Best Start Grant (in Scotland), you are exempt from the Habitual Residence Test if you receive a qualifying benefit, or if: 

• You are a refugee or have humanitarian protection. 
• You lived in Ukraine until the end of 2021 and left in connection with the Russian invasion in February 2022 and you have leave in the UK or you are British or Irish  
• You left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK 
• You left Sudan in connection with the violence that escalated from April 2023 and you were living in Sudan before then and you have leave in the UK or you are British or Irish
• You have been granted leave outside the Immigration Rules -– including Discretionary Leave and Destitution Domestic Violence Concessionary Leave. 
• You are not subject to immigration control and have been deported, expelled or removed from another country to the UK.

For Adult Disability Payment (in Scotland), Attendance Allowance, Carers Allowance, Child Disability Payment (in Scotland), Disability Living Allowance and Personal Independence Payment, you are exempt from the Habitual Residence Test (and also exempt from the past presence test) if: 

• You are a refugee or have humanitarian protection. 
• You lived in Ukraine until the end of 2021 and left in connection with the Russian invasion in February 2022 and you have leave in the UK or you are British or Irish  
• You left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK
• You left Sudan in connection with the violence that escalated from April 2023 and you were living in Sudan before then and you have leave in the UK or you are British or Irish

For these six benefits you are exempt from the the Habitual Residence Test (and also treated as present for the presence and past presence tests, and treated as ordinarily resident for Child and Adult Disability Payments in Scotland) if you are abroad because you are serving in the armed forces or living with a close family member who is.