§ Mr. TimmsTo ask the Secretary of State for Social Security what are the essential differences between the habitual residence test and the residence qualification rejected by the Government in 1986.
§ Mr. Roger EvansThe 1986 proposal would have prevented the payment of income-related benefits until the claimant had been resident for 12 months. This would have discriminated in favour of British citizens who did not leave the United Kingdom, would have excluded citizens of the Irish Republic and would probably have been in breach of our international obligations.
The habitual residence test does not impose an absolute ban on the payment of benefit for a fixed period, does not discriminate on grounds of nationality and does not breach our international obligations. It is based on individual circumstances which take into account the following factors: the claimant's intentions; the claimant's reasons for coming to the United Kingdom; the claimant's employment record; the length and continuity of residence in another country and the claimant's centre of interest.
Annex A: Newham district by branch office habitual residence test August 1994-January 1995 Number of Customers Refused IS Month Number ofcustomers subject tothe HRT British Nationals EU Nationals Others Stratford August 1994 6 0 5 0 September1994 21 0 20 0 October 1994 20 0 20 0 November 1994 42 0 29 0 December 1994 54 15 10 3 January 1995 33 4 6 3 Plaistow August 1994 0 0 0 0 September 1994 18 3 12 0 October 1994 28 10 10 0 November 1994 43 9 12 2 December 1994 20 4 3 1 January 1995 26 3 3 0 Canning Town August 1994 13 1 5 0 September 1994 13 5 2 0 October 1994 24 8 2 2 November 1994 13 3 2 1 December 1994 15 7 3 0 January 1995 12 1 0 0