Habitual Residence Test - Who is exempt from the Habitual Residence Test?

You are exempt from the Habitual Residence Test for means-tested benefits if you: 

• have refugee leave or humanitarian protection. 
• left Ukraine in connection with the Russian invasion in February 2022 and you were living there until the end of 2021 and you have leave in the UK or you are British or Irish.
• left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK 
• left Sudan in connection with the violence that escalated from April 2023 and you were living in Sudan before then and you have leave in the UK or you are British or Irish
• left the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights, Lebanon or Israel due to the violence on or since 7 October 2023, and you were living there before then and you have leave in the UK or you are British or Irish.
• were residing in a country immediately before the UK government advised British nationals to leave, or arranged for their evacuation from, that country, the advice was given, or evacuation was started, less than 6 months ago, and you have leave in the UK or you are British or Irish.
• have been granted leave outside the Immigration Rules - including Discretionary Leave and Migrant Victims of Domestic Abuse Concessionary Leave.
• have leave in the UK under a safe and legal humanitarian immigration route. 
• are not subject to immigration control and have been deported, expelled or removed from another country to the UK.
• are an EEA national who has a ‘worker’ or ‘self-employed’ status  in the UK, including if you have retained that status 
• are a family member of someone in either of the above two groups.   
• are an EEA national with a permanent right to reside due to having ceased work because you retired or became permanently incapable of work – or you are the family member of such an EEA national and were when they stopped work 

For council tax support, the groups exempt from the Habitual Residence Test are broadly the same as for housing benefit and include most of the groups listed above. However, there are some differences and these vary between England, Wales and Scotland.  If you are refused council tax support, get advice. 

For Young Carer Grant (in Scotland), you are exempt from the Habitual Residence Test if you: 

• are a refugee or have humanitarian protection. 
• left Ukraine in connection with the Russian invasion in February 2022 and you were living there until the end of 2021 and you have leave in the UK or you are British or Irish.
• left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK.
• left Sudan in connection with the violence that escalated from April 2023 and you were living in Sudan before then and you have leave in the UK or you are British or Irish.
• left the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights, Lebanon or Israel due to the violence on or since 7 October 2023, and you were living there before then and you have leave in the UK or you are British or Irish. 
• left the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights, Lebanon or Israel on or since 13 June 2025 due to violence between Israel and Iran, and you were living there before then, and you arrived in the UK on or before 13 December 2025 and you have leave in the UK or you are British or Irish. 
• have been granted leave outside the Immigration Rules including Discretionary Leave and Migrant Victims of Domestic Abuse Concessionary Leave.
• are not subject to immigration control and have been deported, expelled or removed from another country to the UK.

For Best Start Grant (in Scotland) and Best Start Foods (in Scotland), you are exempt from the Habitual Residence Test if you receive a qualifying benefit, or if you: 

• are a refugee or have humanitarian protection. 
• left Ukraine in connection with the Russian invasion in February 2022 and you were living there until the end of 2021 and you have leave in the UK or you are British or Irish.
• left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK.
• left Sudan in connection with the violence that escalated from April 2023 and you were living there before then and you have leave in the UK or you are British or Irish.
• left the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights, Lebanon or Israel due to the violence on or since 7 October 2023, and you were living there before then and you have leave in the UK or you are British or Irish. 
• left the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights, Lebanon or Israel on or since 13 June 2025 due to violence between Israel and Iran, and you were living there before then, and you arrived in the UK on or before 13 December 2025 and you have leave in the UK or you are British or Irish.
• have been granted leave outside the Immigration Rules - including Discretionary Leave and Migrant Victims of Domestic Abuse Concessionary Leave.
• are not subject to immigration control and have been deported, expelled or removed from another country to the UK.

For Adult Disability Payment (in Scotland), Attendance Allowance, Carers Allowance, Carer Support Payment (in Scotland), Child Disability Payment (in Scotland), Disability Living Allowance, Pension Age Disability Payment (in Scotland), Personal Independence Payment, and Scottish Adult Disability Living Allowance (in Scotland), you are exempt from the Habitual Residence Test (and also exempt from the past presence test) if you: 

• are a refugee or have humanitarian protection. 
• left Ukraine in connection with the Russian invasion in February 2022 and you were living there until the end of 2021 and you have leave in the UK or you are British or Irish.
• left Afghanistan in connection with the collapse of the Afghan government in August 2021 and you have leave in the UK.
• left Sudan in connection with the violence that escalated from April 2023 and you were living in Sudan before then and you have leave in the UK or you are British or Irish.
• left the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights, Lebanon or Israel due to the violence on or since 7 October 2023, and you were living there before then and you have leave in the UK or you are British or Irish. 
• (Scottish benefits only) left the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights, Lebanon or Israel on or since 13 June 2025 due to violence between Israel and Iran, and you were living there before then, and you arrived in the UK on or before 13 December 2025 and you have leave in the UK or you are British or Irish.
• (Scottish benefits only) have, or are deemed to have, been granted leave outside the immigration rules. 
• (except the Scottish benefits) were residing in a country immediately before the UK government advised British nationals to leave, or arranged for their evacuation from that country, you arrived in Great Britain within 26 weeks of that advice or the start of the evacuation, and have leave in the UK or you are British or Irish.
• (except the Scottish benefits) have leave in the UK under a safe and legal humanitarian immigration route.

For these disability and carer's benefits you are exempt from the Habitual Residence Test (and also treated as present for the presence and past presence tests, and treated as ordinarily resident for disability and carer's benefits in Scotland) if you are abroad because you are serving in the armed forces or living with a close family member who is.