§ Mr. ShawTo ask the Secretary of State for Work and Pensions (1) what action he has taken as a consequence of the European Court judgment of 25 February 1999 in the case of Swaddling, with special reference to British nationals returning to Britain from South Africa; [30950]
(2) what plans he has to review the habitual residence test. [30951]
§ Malcolm WicksIn its judgment in the Swaddling case, the European Court of Justice made it clear that people returning from a European member state to re-establish ties in the United Kingdom can be treated as habitually resident on their return.
Following this judgment we reviewed the habitual residence test and decided to extend this important principle to people returning from any country overseas to re-establish ties here. These measures have resulted in fairer access to income-related benefits, while ensuring security against possible abuse of the benefits system by those with no real links to the United Kingdom.
We keep all our policies under review but have no current plans to change the habitual residence test.