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<p>The habitual residence test is critical to the integrity of the benefits system.
To be eligible for income-related Jobseeker’s Allowance, EEA migrants must be habitually
resident in the UK and provide evidence that they have been living here in the three
month period prior to their benefit claim.</p><p>Victims of modern slavery are eligible
for support through the National Referral Mechanism (NRM), including accommodation,
for at least 45 days. In many cases victims receive support for a longer period and
are likely to be able to provide evidence that they meet the habitual residence test
when they exit NRM support. The Home Office and DWP are working together to make it
easier for those victims whose circumstances make it difficult to provide such evidence
to do so.</p><p>EEA Nationals who are identified as victims of human trafficking through
the NRM may qualify for discretionary leave where, for instance, they are helping
police with an investigation or where their personal circumstances are such that it
would be detrimental for the individual to leave the UK. EEA Nationals granted discretionary
leave for those reasons would be exempt from the habitual residence test.</p>
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