§ Earl Russellasked Her Majesty's Government:
Whether they will give details of the changes in the habitual residence test referred to in the statement by the Baroness Scotland of Asthal on 23 February (HL Deb, cols. 29–32). [HL1459]
165WA
§ The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Hollis of Heigham)In the Nationality, Immigration and Asylum Act 2002, my right honourable friend the Home Secretary introduced measures to restrict the financial support available to European economic area citizens who failed the habitual residence test (HRT). This means that local authorities can normally pay only for travel costs home for an individual or, if the person has dependent children, temporary accommodation until travel can be arranged.
There have been no other changes in the HRT. However, the Government intend to introduce measures to ensure that nationals of accession states who are in the UK but who cannot find work, or will not work, will not have access to income support, income-based jobseeker's allowance, pension credit, housing benefit and council tax benefit. After 12 months of working legally without interruption, citizens of these EU accession states will be entitled to the full range of UK benefits.
These measures will build on those in the Nationality, Immigration and Asylum Act 2002 to prevent certain classes of ineligible person obtaining support or assistance.