Habitual residence test
The purpose of the Habitual Residence Test (HRT) is to establish that an individual has sufficient links with the United Kingdom to justify claiming benefits and other social advantages. However, the Habitual Residence Test itself is not a requirement when making a homeless application in Scotland.
For details on the Habitual Residence Test with regards to housing benefit please see the page Habitual Residence Test and benefits.
Eligibility for homelessness assistance and housing
In Scotland, an EEA national with Settled Status or Pre-settled status can apply for housing or homelessness assistance from their local authority. If a local authority are refusing to take a homeless application on the basis that the applicant has failed the Habitual Residence Test then this will be open to challenge.
Advisers should bear in mind that if a local authority is approached for assistance by a person where there is any doubt about right to reside it may make enquires to the UK Border Agency. Clients who are in any doubt about their eligibility should seek specialist legal advice or contact the AIRE centre prior to making a homeless application.
Accessing temporary accommodation
If an EEA national with Settled Status is eligible for homelessness assistance but not entitled to claim benefits, the council may be unwilling to offer them temporary accommodation if they are unable to pay the rent.
Section 35(2) of the Housing (Scotland) Act 1987 states that a local authority may require a person in temporary accommodation to pay a 'reasonable charge' for their accommodation. Case law in England has held that where a person has no income, a reasonable charge may be nil or a peppercorn rent. [1]
Last updated: 19 January 2021