Right to reside / habitual residence

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    Kevin D

    My knowledge of PFAs wouldn’t trouble the back of a postage stamp. So, any help would be much appreciated 🙂 !

    The facts….

    Clmt is British national (British passport, no restrictions).

    Approximately 4 years ago, the clmt left the UK to travel around Europe, living mainly on the proceeds from selling his worldly goods following the end of his marriage. During his time abroad, his finances were supplemented by occasional, casual, work.

    In Dec 2008, the clmt returned to the UK, having no remaining links relating to his European exploits. He was immediately taken ill and remains incapacitated to this day.

    The clmt has no resources.

    Is the clmt entitled to HB/CTB? Citations of Regs / case law / CDs etc would be helpful.


    Hi Kevin

    my understanding is that returning uk nationals would already have the right to reside but would still be subject to the HRT, but as long as we are satisfied that they intend the UK to be their centre of interest, then they would qualify for HB.

    From what you say the claimant has no ties in Europe, and he has the intention of re-settling here.

    I am not sure what Regs apply, but there there is a CD which may help- Swaddling- this deals with nationals returning from Europe.


    Kevin D

    Thanks for the reply Julie.

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