ESA Habitual Residence Test and Residency

[shineygirl]

Hi there,

 

I wonder if someone might help.

 

I have a Habitual Residence Test on Monday. The form asks for passport and Id for my husband and my husbands residency documents.

 

I have actually lost my passport so that is awkward for one and then residency documents, my husband and I are disabled. I am from the UK and lived in holland for one year. We have been here together 16 months not claiming anything. The CAB say my husband doesn't need residency documents but I think he might and might also not be eligible for them.

 

I feel a refusal coming on and want to know what I can do.

 

Thanks

[Mcall]

If you are a UK citizen and have returned here to live with your partner for the past 16 months without needing to claim anything, then I don't see what the govt. issue would be. Have you and your partner suddenly become "disabled" or have you run out of money?

[shineygirl]

I have actually been disabled a long time, but certain things are getting worse. Like I have cateracts, and they get worse over time.

 

I think it's really the ID thing at the moment, I don't have a passport and my husband doesn't have a right to reside letter

[Mcall]

My understanding is that a birth certificate and a council tax/utility bill showing your name and address dated within the last 3 months should be as acceptable in place of a passport. Perhaps look on the Border Agency website to apply for an emergency passport (they charge for this), then print out the receipt and take that along with birth certificate.

[Mr.P]

I have cateracts, and they get worse over time.

 

Cataracts can be 'fixed'. It is a fairly routine operation, and can make a world of difference to you. If you haven't already done so, ask your GP for a referral to the local ophthalmic clinic for treatment.

[essexmat]

I would also add, although it may not be helpful on this thread or to you as you have more pressing issues, you have obviously reported your passport lost haven't you? If not, then I suggest you do this immediately

[shineygirl]

Cataracts can be 'fixed'. It is a fairly routine operation, and can make a world of difference to you. If you haven't already done so, ask your GP for a referral to the local ophthalmic clinic for treatment.

 

I know, have been on waiting list 6 months because mine isn't a routine one and the top guy at the hospital wants to see me so it's taking longer. Already had one eye done but was done abroad and they told me i have a flaw in my eyes not just cateracts and other illnesses too that's just the first one, or next operation.

[Mr.P]

have been on waiting list 6 months because mine isn't a routine one and the top guy at the hospital wants to see me so it's taking longer.

 

Sounds like you are in good hands in that respect. Best of luck when you get it done.

[shineygirl]

Sounds like you are in good hands in that respect. Best of luck when you get it done.

 

I think so too, many thanks

[shineygirl]

Hopefully this is the case. I have both of those ready. Would get a new passport but don't yet have money for it

[shineygirl]

UPDATE - did the habitual residence test, haven't heard if we passed or not but received a letter Christmas Eve asking for my fit note to be sent by the 6th of December.

 

We posted the note Christmas Eve but now obviously it will get caught up with Christmas post / DWP having holidays.

 

We also went to take our tenancy agreement but were told to wait for the result of the habitual residence test.

 

Bit worried because it's over a month now. They also said as well that our claim for housing benefit would start the day we go again rather than when we first applied, because she wont take the form of us. I thought housing benefit was tied to ESA but not council tax relief?

 

What would you advise in terms of making sure they don't close my claim while we are waiting for the post.

 

Normally would call and ask for a fax number and get another fit note, but the library is closed for faxing and they probably aren't there to answer the phone either.

[Nystagmite]

Income based ESA entitles you to full housing benefit and council tax relief. (note: each council has different rules on council tax; do you may still have to pay if on income based ESA)

[shineygirl]

I did think we would be entitled to housing benefit if we got ESA but get different messages when to give them the housing form, etc. We were told it was too soon and had until 5th of January to bring it in (despite the fact they aren't there until the 5th of January now)

 

Also, we had actually taken the fit note to the ID for HBT appointment but they didn't want it then. They said to send with the request we had received, only they had never requested it or given info where to send it till yesterday