Reply To: Returning Brit

Peter Barker

“Well it looks like they are a UK citizen returning to resume residence here, having established it previously, albeit 60 years ago. This assumes you don’t have evidence to suggest that they are here temporarily. As such they are habitually resident with no “appreciable period of time” required.”

This is the “Swaddling” principle which only applies to benefits within the scope of the EU co-ordination rules after the claimant has been living in the EU, and for whom those rules continue to apply because s/he was covered by them before Brexit.

It’s the deportation provision in HB Reg 10 that applies in Trev’s case.