2AR and habitual residence

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    We have a 2AR claim from a British National however the second adult would not be classed as habitually resident for at least the first month because they have just moved to the country having spent a long time abroad, although they are also a British National.


    My question is can2AR still be awarded and is it irrelevant that the second adult would fail the habitual residence test as it only applies to the claimant?




    It’s the claimant who has to satisfy the CTB entitlement conditions, so the second adult’s residence does not matter. Only difference it will make is that the second adult wil probably not be awarded any DWP means-tested benefit until they have been back for about three months, so the 2AR percentage wil be limited to 15 until then.


    Thanks Peter.

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