§ Mr. KeetchTo ask the Secretary of State for Social Security what criteria are used to determine whether individuals are habitually resident in the UK; and if he will make a statement. [106166]
§ Mr. BayleyThe purpose of the habitual residence test is to ensure that the income related benefits are paid to people with reasonably close ties to the United Kingdom and an intention to settle here. Each case is considered on its own merits. Guidance to decision makers and caselaw stresses the need to consider a wide range of factors, including the reason for a person coming (or returning) to the United Kingdom, the length of their stay, a settled intention to reside and any previous links with the country. The weight given to each factor will depend upon the individual's circumstances. Guidance to decision makers is contained in the Decision Makers Guide Volume 2 at paragraph 070719.