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Habitual Residence Test - How do I pass the Habitual Residence Test?

All claimants have to pass or be exempt from the Habitual Residence Test in order to claim certain benefits and Tax Credits.

How do I pass the Habitual Residence Test?

To pass the habitual residence test you must satisfy these three conditions:

and

  • For income-based JSA you must have been living in the common travel area for the past three months.

Right to Reside

The Right Reside Test is a complex area.  Read our guide on the Right to Reside Test for further information.

Habitual Residence in fact

Please see the next page on ‘Habitual Residence in fact’ for information on how to pass this test.

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