Brit Who Worked His Whole Life Denied Universal Credit ‘Because He Lived Abroad’

According to the Metro newspaper, a man who has worked his whole life a claims he was denied Universal Credit because he wasn’t a UK citizen – after he spent two years living in Spain. Former train manager Matthew Stockall, 38, returned from Benidorm to the UK last month after the breakdown of his relationship but struggled to find work.

He was later shocked to receive a rejection letter from the Department of Work and Pensions (DWP) which stated he hadn’t been living in the UK for long enough to claim – despite having been born and bred in Manchester.

Mathew had paid tax and NI for twenty years. The Habitual Residence test is carried out to make sure that, if you're planning to claim these benefits, you've a legal right to be in the UK (the right to reside) and you're intending to settle here for the time being (habitual residence).

Once you show that you have the right to reside, you must then show that you are habitually resident in the UK, Isle of Man, Channel Islands or Ireland (the 'Common Travel Area').

The habitual residence part of the test applies to British citizens returning to the UK after time spent living or working abroad, as well as to EEA nationals coming to the UK.

The rejection meant Matthew, who worked as a bar rep during his time in Spain, was forced to sofa surf and rely on friends and relatives for food and basic living essentials, living off just £20 a week. After contacting his local MP and reapplying for Universal Credit Matthew, who is still looking for work, was accepted to receive the benefit after a total delay of five weeks.

UK citizens living abroad may face this test on their return. Anyone going abroad for a period to work needs to be aware of this test.  

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