The Habitual Residence Test is used by the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
and the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...
to determine eligibility for social security benefits.
In both countries a right to reside in the
Common Travel Area
The Common Travel Area (CTA; ga, Comhlimistéar Taistil, ) is an open borders area comprising the United Kingdom, Ireland, Isle of Man, and the Channel Islands. The British Overseas Territories are not included. Based on agreements that are no ...
counts for the purpose of this test.
Habitual residence
In conflict of laws, habitual residence is the standard used to determine the law which should be applied to determine a given legal dispute or legal entitlement. It can be contrasted with the law on domicile, traditionally used in common law juri ...
is not defined in legislation. The term has repeatedly been considered in
caselaw
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ...
.
For many benefits there is also a test of presence in the country.
United Kingdom
The test was introduced in 1994. It required close ties to the United Kingdom and intention to settle in the UK. It was revised in May 2004 to include a ‘right to reside’ requirement, based on
directives of the European Union regarding right of residence. Provisions regarding right to reside include conducting business, working or looking for work, being a student, or having sufficient resources to be self-supporting.
European Commission objections
In May 2013 the
European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body ...
after a long dispute with the UK over the matter decided to take a case to the
European Court of Justice with respect to denial of welfare benefits to European citizens who fail the test. The Commission alleges that the UK test does not conform to European directives. The UK, which, on the basis of failure to pass the test of right to reside, rejects over half of the applications of European Union citizens to the UK for benefits, has announced it will contest the matter.
Republic of Ireland
Only the person claiming benefit has to satisfy the test. From 2014 a further condition was added - that the person must remain habitually resident in the State.
See also
*
Habitual residence
In conflict of laws, habitual residence is the standard used to determine the law which should be applied to determine a given legal dispute or legal entitlement. It can be contrasted with the law on domicile, traditionally used in common law juri ...
*
Ordinarily resident status
Notes and references
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Law of the United Kingdom
Social security in the United Kingdom