This is an HTML version of an attachment to the Freedom of Information request 'Policy on habitual residence test for those returning to the UK due to ebola'.



 
 
 
 
 
  
 
Central FoI Team 
 
www.dwp.gov.uk  
Caxton House 
6-12 Tothill Street    
London 
SW1H 9NA 
 
 
 
Email: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xxx.xxx.xxx.xx 
 
 
Date 24 February 2015 
Our Ref: IR 90 
 
 
 
Dear Mr Williams,  
 
Thank you for your Freedom of Information (FoI) internal review request received on  
16 February 2015. You asked:  
 
Many thanks for your reply. I note that you state that the information I request is still 
under policy development. I accept that this is the case with regard to how the 
regulations might be amended in the future. 
 
However, the first paragraph of your reply is in the present tense and seems to refer to 
something that is already policy (although the last sentence then returns to future tense): 
 
"Please note, anyone returning to the UK as a result of the Ebola virus who meets the 
prescribed conditions does immediately receive a payment from the DWP, rather than 
having to satisfy the three month residency condition. The prescribed conditions in this 
case refer to the claimants'circumstances (not the HRT). The conditions are that a 
claimant is directly returning to resume residence in the UK from Sierra Leone, Liberia, 
Guinea or any country that the Ebola epidemic subsequently spreads to and who is 
returning specifically because of the Ebola epidemic.These claimants will be exempted 
from having to meet the three month residency requirement for JSA(IB)" 
 
The three month "living in the UK" test is in fact a prescribed condition of entitlement for 
JSA and a condition precedent on satisfying the  habitual residence test as set out in the 
JSA Regulations 1996. 
 
For the avoidance of doubt, I would be grateful if you could clear up the position for 
someone who returns for example TODAY from an ebola affected area- does that person 
need to meet the three month rule? As far as I can see there is nothing in the law that 
would prevent them from having to do so. If it is the current policy that they do not in fact 
have to do so, then I assume that the current policy is to make an ex-gratia payment in 
such cases? It would be great if you could let me know whether that is correct. 
 
If that is not the case, it does rather seem that when the Minister mentioned that he had 
changed the policy in Parliament what he in fact meant was that he had taken steps to 
have the policy changed but it had not yet been changed. 
 

 

 
Anyway, it would be great if you could just clarify what the current position is (ie whether 
an ex gratia payment would be made in such circumstances or if not how someone 
would not presently be disadvantaged under the rules)- I do not think that doing so 
involves any disclosure of policy planning as it relates solely to the current position which 
your reply seems to indicate is already operational. 

 
In response to your request, I can confirm that the handling of your original request and 
response has now been appropriately reviewed and that I was unconnected with the handling of 
your original request.   
 
As a result of this review I can advise that I find the original decision to be partly correct. Your 
request for review is therefore partially upheld. The reasoning behind this decision is as follows: 
 
You are correct that anybody returning to the UK today, who is returning from a country affected 
by Ebola and who is returning as a result of the Ebola virus, does not have to satisfy the three 
month residency condition for income-based Jobseeker’s Allowance. In such cases, we will 
make ex-statutory payments as an interim measure whilst we are developing regulatory 
amendments. 
If you have any queries about this letter please contact the Department quoting the reference 
number above.   
Yours sincerely,  
 
 
DWP Central FoI Team 
 
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Your right to complain under the Freedom of Information Act 
 
If you are not happy with this response you may request an internal review by e-mailing freedom-of-information-
xxxxxxx@xxx.xxx.xxx.xx or by writing to DWP, Central FoI Team,  
Caxton House, Tothill Street, SW1H 9NA. Any review request should be submitted within two months of the date of 
this letter. Please remember to quote the reference number above in any future communications. 
 
 
If you are not content with the outcome of the internal review you may apply directly to the Information 
Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have 
exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information 
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF 
www.ico.org.uk/Global/contact_us  or telephone 0303 123 1113 or 01625 545745