HL Deb 23 January 1997 vol 577 c65WA
Lord Beaumont of Whitley

asked Her Majesty's Government:

What steps they are taking to see that British nationals returning from abroad after a period in a foreign prison have sufficient funds to live on before they are deemed to be "habitually resident in the United Kingdom".

The Minister of State, Department of Social Security (Lord Mackay of Ardbrecknish)

The Government cannot exempt British nationals from the habitual residence test because of anti-discriminatory terms in EC law and the European Convention for Social and Medical Assistance. To support British nationals who fail the habitual residence test through the social security system whilst they establish habitual residence would be deemed discriminatory for the same reasons.