We the undersigned petition the Prime Minister to Urgently revise the current Habitual Residency Test for returning UK nationals. More details
Submitted by Susan Cullen – Deadline to sign up by: 20 November 2009 – Signatures: 26
The current criteria for claiming entitlements for returning UK Nationals is open to misinterpretation by the DWP and as a result can lead to severe hardship for those affected.
Despite many amendments to the original policy, in particular Lord Slynn´s recommendations following the Swadding case, legitimate residents are still being penalised.
I propose a new test is introduced to determine Habitual Residency which will exclude returning UK nationals, particularly those of pensionable age and those who have been in employment abroad.
Currently, returning UK Nationals are expected to wait an "appreciable amount of time" before being accepted as Habitially Resident. The term "appretiable amount of time" is subject to the interpretation of the DWP´s "Specialist Decision Maker" and is clearly inappropriate for returning UK Nationals.
Susan Cullen, the Petition Creator, joined by: