The “living in” test - whether a claimant who had been travelling abroad for 15 months is “living in” the Common Travel Area for three months prior to claiming JSA(IB)

Monday 3 July 2017

TC v Secretary of State for Work and Pensions (JSA) (Residence and presence conditions - habitual residence) [2017] UKUT 222 (AAC), 24 May 2017 (Judge White) The Upper Tribunal decided that the requirement to have been 'living in” the Common Travel Area for at least three months in order to satisfy the habitual residence test for JSA(IB) under reg 85A(1) and (2) of the JSA Regulations 1996 SI 207 is to be given a broad interpretation, and does not necessarily require actual physical presence during that time.

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In TC v Secretary of State for Work and Pensions (JSA) (Residence and presence conditions - habitual residence) [2017] UKUT 222 (AAC), 24 May 2017 (Judge White) the Upper Tribunal decided that the requirement to have been "living in” the Common Travel Area (CTA) for at least three months in order to satisfy the habitual residence test for Job Seeker's Allowance (JSA) (IB) under reg 85A(1) and (2) of the JSA Regulations 1996 SI 207 is to be given a broad interpretation, and does not necessarily require actual physical presence during that time.

The claimant in this case had lived all of his life in the UK, had retained his bank accounts in the UK, and maintained registration with the same GP. He had been travelling around South East Asia for 15 months before returning to the UK and claiming JSA (IR).

The Upper Tribunal held that as he had never 'lived' anywhere else while on his travels, then he had still been "living in” the CTA for the requisite three months, notwithstanding his temporary absence abroad: the analysis in the Northern Ireland decision AEKM v Department for Communities (JSA) [2016] NICom 80 followed and applied.

The full judgment is available: TC v Secretary of State for Work and Pensions (JSA) (Residence and presence conditions - habitual residence) [2017] UKUT 222 (AAC), 24 May 2017

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