Habitual Residence Test (Hansard, 23 January 1995)

§ 11. Mr. Purchase
To ask the Secretary of State for Social Security how many people have failed the habitual residence test since its introduction; how many of those decisions have been appealed against; and how many such appeals have been won.

§ The Parliamentary Under-Secretary of State for Social Security (Mr. Roger Evans)
Provisional figures from the Benefits Agency show that 12,571 income support claimants have not satisfied the habitual residence test in the five months from 1 August 1994. Figures for housing benefit refusals are not available. Information on appeals is not collected centrally and could be obtained only at disproportionate cost.

§ Mr. Purchase
Given the cheap answer that we heard earlier to a question from my hon. Friend the Member for Bradford, West (Mr. Madden), with the gallery playing and stereotyping of backpackers, and given the number of people affected by the regulations, is not it time that we were given an opportunity to debate the matter properly and thoroughly on the Floor of the House?

§ Mr. Evans
The hon. Gentleman should address that request to my right hon. Friend the Leader of the House. The Government are perfectly happy to defend the regulations at any opportunity.

§ Mr. Clifton-Brown
Will my hon. Friend confirm that the cost of housing benefit will be £10 billion this year and that, until he altered the regulations, rents of up to £350 a week had been claimed under housing benefit? May I therefore welcome the reforms that he has introduced?

§ Mr. Evans
Yes.

§ Mr. Corbyn
Before the Minister gets carried away with his verbosity, will his Department conduct an investigation into the plight of individuals and families, but particularly children, who have failed the habitual residence test? As a result of that failure, they lose housing benefit; as a result, some of them are evicted from housing; and, as a result, some of the children face being taken into care. Instead of considering the consequences of speeches made by the Secretary of State to the Tory party conference, as a way of playing to the gallery, will he consider the consequences of the test for the poor of this country?

§ Mr. Evans
The hon. Gentleman's indulgent rhetoric is a gross exaggeration. The Government obviously bear in mind and keep under review the operations of the test.

§ Mr. Nigel Evans
Does my hon. Friend agree that, without the habitual residence test, British benefits would be available to any foreign scroungers who came to this country to finance their holidays? Does he believe that that is now Labour party policy?

§ Mr. Roger Evans
The last part of my hon. Friend's question is not for me to answer, but, on the first part, the point is very clear: are British taxpayers to be expected to pay benefits at current levels to anybody and everybody who comes within the confines of the United Kingdom? The Government have taken the view that there must be some sensible and reasonable limit.