If the person passes (or is exempt) 
person entitled to claim HB /CTB
If fail test not entitled to HB /CTB
It is not defined in law although guidance looks for a degree of permanence
DWP originally placed a 5 year rule - now reduced to 2 years after time limit - could be said to be habitually resident
in receipt of IS or JSA(IB)
EEA worker
Person who has limited leave to stay but whose funds are temporarily disrupted - reasonable expectation that funds will be restored - receive benefit for up to 42 days
Refugee or has exceptional lave to enter or remain
Asylum seeker who claims asylum on entry - see rules
Asylum Seeker on 'upheaval' list - no longer applies from April 2000
Sponsored immigrant whose sponsor dies
written consent to remain from Secretary of State
certain claimants from Montserrat after 1st Nov 1999
Person who is not subject to immigration control and has been deported by law to UK
If a person has come into Common Travel Area within last 2 years and does not fit into exempt group then subject to HRT. They will be required to attend an interview to whether they have recourse to public funds based on whether they are habitually resident in CTA
Key elements
appreciable period of time - length continuity & nature of residence
claimants settled intention
Largely based on factors
length & continuity or residence
centre of interest
nature of occupation
reasons for coming to UK / CTA
future intentions
If the claimant fails HRT then there is no entitlement