habitual resident test

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  • #21881
    tracycox
    Participant

    Hi
    We have a case where the claimant is british and the partner is american. They have been living in America for the past 10 years and have returned to this country this year. The partner has a nino but his passport states he has no recourse to public funds.
    Little bit worried as we have paid the claim based on child benefit at the moment – neither of them are working.
    They made a claim for job seekers – the dwp have made a decision that the customer is not habitual resident and the partner has no recourse to public funds so they have refused the claim.
    Because the dwp have made this decision – should this mean that we refuse the claim – as we have paid the claim and am now worried that this should not have been done.

    Thanks

    #5998
    Kay_Tade
    Participant
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