§ 10. Mr. Peter Luff (Mid-Worcestershire)If he will make a statement on the application of the habitual residence test in assessing eligibility for income support. [452]
§ The Parliamentary Under-Secretary of State for Work and Pensions (Malcolm Wicks)The habitual residence test ensures that income-related benefits, including income support, are paid to people with reasonably close ties to the United Kingdom and who 376 intend to settle here. Its underlying principle is that the taxpayer should not have to subsidise people with very tenuous links to this country.
§ Mr. LuffThe Minister should be aware from my correspondence with his Department that I have specific concerns about the application of the test in the case of my constituent, a British-born pensioner who, after a long absence, returned from former Rhodesia and, subsequently, from South Africa. She has received contradictory advice about how the test will affect her. That is not really surprising, however, as the sheer unknown quality of the test—its general principles are known, but its details are not—leads to highly subjective decision making by local authorities and appeal tribunals. Is it not time to be specific about the test?
§ Malcolm WicksThe hon. Gentleman would not expect or desire me to discuss his constituent's case in the House. I understand, however, that she is appealing. We must await the outcome of that, and I shall be happy to discuss the matter with him after that. Factors include the length of stay, future intentions, previous links with the United Kingdom and, in the case of people returning to the United Kingdom, the reasons for their absence. I assure the hon. Gentleman that, in 89 per cent, of cases, people pass the test. People also have a right to appeal, and a proportion of them do pass on appeal. However, I shall discuss his constituent's case at the appropriate moment.