§ Earl Russellasked Her Majesty's Government:
Whether they accept the principle of Commissioner's Decision CIS/1067/1995 that habitual residence, once gained, is not lost after a temporary absence; and, if so, whether they will issue guidance to Adjudication Offices accordingly.[HL110]
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§ Baroness Hollis of HeighamWhere a person spends time away from the United Kingdom, the adjudication officer should consider the frequency, length and purpose of absences abroad and decide whether habitual residence in the United Kingdom has been lost. Guidance to adjudication officers on the habitual residence test is contained in the Adjudication Officer's Guide at paragraph 20747 to 20748 and on temporary absence at paragraph 20940.
§ Earl Russellasked Her Majesty's Government:
Whether the habitual residence test should be applied to nationals of the Republic of Ireland. [HL111]
§ Baroness Hollis of HeighamCitizens of the Republic of Ireland who claim income support, housing benefit, council tax benefit and income based jobseeker's allowance are subject to the habitual residence test in the same way as other claimants, including British citizens and nationals of other countries in the European Economic Area.
§ Earl Russellasked Her Majesty's Government:
Whether they will undertake monitoring to establish how far the habitual residence test is being mistakenly applied to those who have EEA member status under Council Regulation (EEC) No. 1612/68; and [HL112]
Whether they will review the way the habitual residence test affects those who have family links abroad. [HL113]
§ Baroness Hollis of HeighamThe Government are currently reviewing the operation of the habitual residence test. The principal aims of the review are to examine the test as it operates now and to consider the need and possible scope for reform. As part of this work, we are examining current monitoring of the test and the way it affects people with family ties abroad.
§ Earl Russellasked Her Majesty's Government:
What percentage of British subjects taking the habitual residence test were unsuccessful; and what were the failure rates: (a) for white British subjects; and (b) for black British subjects. [HL114]
§ Baroness Hollis of HeighamThe information is not available in the format requested.
Latest figures for the period April 1996 to March 1997 show that 12 per cent. of United Kingdom nationals taking the habitual residence test were unsuccessful.
§ Earl Russellasked Her Majesty's Government:
What proportion of applicants pass the habitual residence test in: (a) Greater London; and (b) the rest of the United Kingdom; and how they explain any difference between the figures. [HL130]
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§ Baroness Hollis of HeighamThe information is not available in the format requested.
Latest figures for the period April 1996 to March 1997 show that 81 per cent. of those income support and jobseeker's allowance (income-based) claimants taking the test were successful.