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Habitual Residency Test

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I have been summoned to attend a Habitual Residency Test (HRT) at the job centre in relation to Universal Credit. I argued with them that I do not have to attend since I am a EU citizen (Dutch) and self employed in the UK.

 

I found the following online

 

Persons with specific rights to reside C1280 Persons who are determined to have certain specific rights to reside are not subject to the requirement that they be habitually resident in the CTA. These persons are

 

1. EEA nationals who are “qualified persons” for the purposes of specific legislation1 as workers or a self-employed persons

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/562423/admc1.pdf

 

I sent this to the job centre and they still insist I should attend for the HRT.

 

I know they're wrong, but they insist I attend...

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Hi and welcome to CAG. I've moved your thread into the "Benefits and HMRC" forum, as you may get better answers there.


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I don't deal with Universal Credit anymore but know that they expanded the types of claims and more offices have rolled out fully now.

https://www.citizensadvice.org.uk/benefits/universal-credit/before-you-apply/eligibility-non-british-citizen/

 

This is all I can find, as you are claiming an Income Based benefit which is Universal Credit either for help with your housing costs or a top up of your earnings you will still need to satisfy the conditions of entitlement if you want to continue with the application.

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The purpose of the test is to determine whether you can be treated as having RTR (probably) and HabRes. Even if you are correct, it will be a lot less hassle just to attend than to argue this toss.


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