Brighton rough sleeper criticises hurdles homeless face

Richard Martin, 53, came to Brighton on December 28 after being made homeless in Spain following a violent mugging while moving house in Seville, south west Spain.

He said there is “no clear information” on what people recently made homeless should do when they first arrive on the streets.

Richard, who went to Sussex University in the 1980s, is calling for more clarity for people trying to get out of homelessness.

• READ MORE: 'I lost everything in 24 hours' - teacher beaten and robbed abroad ends up on streets

He lived in Spain for 12 years teaching English but found upon returning that he had to pass what is known as a habitual residence test to be eligible for universal credit, as well as emergency accommodation.

The test has come under fire before with people “being incorrectly denied benefits or facing significant delays to their entitlements” according to the Institute for Public Policy Research.

Richard, who has a degree, masters and PhD, said: “I have navigated the various systems from the council and Department for Work and Pensions (DWP), as well as the other systems that other charities have. 

Richard was left with his four front teeth knocked out and nearly all of his possessions taken after the attack in Spain (Image: The Argus)

"The problem is there is no clear information on what a person in my position should do, what steps do I have to take, which people do I have to see, which things do I have to prove.

“Everyone gives you different conflicting information. There should be a document that says these are the steps you take to resolve your situation, these are the people you should see. It’s the same situation online.

“Magically, I was able to navigate it and get somewhere from it through luck and the intervention of The Argus. I think without the paper’s intervention I would still be where I was previously in terms of passing the test.

“When I first went into the job centre, three different people tried to persuade me not to complete the universal credit form because I was not going to get anywhere for three months. I was told to come back in three months after I had passed the test.

“I was told my claim would be cancelled because nothing would happen for three months.”

Richard is calling for more transparency around the habitual residency tests people need to take (Image: The Argus)

To pass the test, people must prove the UK is their main home and they plan to stay, as well as having a “right to reside” through being a British citizen.

Richard took the test on January 11 and passed one day later.

Brighton and Hove City Council said he was initially “unable to prove” that he was a habitual resident in the UK but understands this issue may have been resolved.

Richard, originally from Devon, is waiting for temporary accommodation through the council while sleeping rough in Brighton.

He spent six weeks on the streets of Spain after the attack before being flown over by a charity.

Richard wants to create a factsheet for people who are in his position so they can know the steps to get the support they need.

He also said he wants to help the homeless “when this is all over”.

The council said it "isn't possible" to create a fact sheet that would cover everyone's individual situation because every circumstance is "unique".

Brighton Town Hall

The DWP confirmed the habitual residence test includes an individual's legal right to reside in the UK and a second part of the test which ensures they have a settled intention to remain in the UK and have been a resident in the country for an appreciable period of time.

People who have previously been living in the UK may not have to serve an appreciable period to prove their intention to stay.

The council said it could only provide housing assistance to Richard after he passed the habitual residence test from the DWP.

A spokesman said: “Once Mr Martin’s habitual residency was confirmed, he was then ‘eligible’ to approach us for housing assistance, because he was homeless and had recourse to public funds.

• READ MORE: Brighton and Hove 'one of worst places for homelessness outside London'

“When a person is homeless or threatened with homelessness, there is a legal duty on the council to provide ‘meaningful assistance’. Legislation sets out that this is through a ‘Personalised Housing Plan’ (PHP). 

“A PHP will include ‘reasonable steps’ that both the person and the council will be expected to complete. In doing so this will help the person secure settled accommodation. 

“The expectation is the person will engage in these ‘reasonable steps’.

“However, if they don’t, we may determine they have failed to co-operate with the reasonable steps in their PHP, and as a result may no longer offer housing assistance.

“Housing law and the various legal obligations it places on different agencies are very complex."

For more information on Richard's story and his fundraiser, click here.