State Retirement Pensions: Eligibility

Mr. McCartney

To ask the Secretary of State for Work and Pensions how many British nationals over state pension age failed the habitual residence test when resuming a residence in the UK in (a) 2004, (b) 2005, (c) 2006 and (d) 2007. (219543)

The available information is in the following table.

*Number of British nationals over state pension age who have passed or failed the habitual residence test in relation to pension credit*
	Passed	Failed
2004	2,431	276
2005	2,850	717
2006	2,667	572
2007	1,161	237
Note: Some of those recorded as passing the test may have previously failed it. Records do not show when the test has been applied to the same person on a previous occasion. Source: DWP management information.

To ask the Secretary of State for Work and Pensions for what reasons the habitual residence test is applied to older British nationals who are returning to live in the UK. (219546)

Everyone claiming income-related benefits when arriving or returning to the UK is required to show that they are habitually resident in this country and have a settled intention to remain. The habitual residence test is applied irrespective of age.

However, returning British nationals re-establishing their ties with the UK may be able to satisfy the test immediately.

Volume 479: debated on Thursday 17 July 2008