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Habitual Residence Test - Which benefits does the habitual residence test apply to?

Many benefits require you to satisfy, or be exempt from, the Habitual Residence Test.

Last reviewed 01 April 2020

Which benefits does the habitual residence test apply to?

The Habitual Residence Test applies to the following benefits:

* Note it is no longer possible to make a new claim for income support, income-related Employment and Support Allowance or income-based Jobseekers Allowance.   

For all the benefits listed above, you must satisfy the Habitual Residence Test when you claim and continue to do so as it is an on-going requirement. This means your benefit could stop if you no longer satisfy the Habitual Residence Test. 

The Habitual Residence Test applies to the claimant.  If you live with a partner and claim Universal Credit you must make a joint claim and therefore the Habitual Residence Test applies to both partners.  If you satisfy, or are exempt from, the Habitual Residence Test, but your partner fails this test, Universal Credit is paid to you as a single person, but your partner’s income and capital are still taken into account.   

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