The Habitual Residence Test is used by the United Kingdom and the Republic of Ireland to determine eligibility for social security benefits.
In both countries a right to reside in the Common Travel Area counts for the purpose of this test.
It required close ties to the United Kingdom and intention to settle in the UK.
The Commission alleges that the UK test does not conform to European directives.
From 2014 a further condition was added - that the person must remain habitually resident in the State.