In Patmalniece the UK Supreme Court ruled that in the case of state pension credit, where the right to reside test forms part of the habitual residence test, the right to reside test was not incompatible with EU law as it was objectively justified. However, the Chief Social Security Commissioner for Northern Ireland has recently ruled that the right to reside test is contrary to EU law in a case involving child benefit. This note analyses this decision. The EU Commission has also commenced infringement proceedings against the UK in relation to the compatibility of the test with EU law.