Universal Credit (Full Service areas) and returning from abroad

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Hi all, apologies if this has been discussed before but I've made an extensive search and I couldn't find the answer.

I'd like to know what the rules are for those who claim UC for the first time in an area which has become full service.

I've now made a rapid reclaim for JSA, just in time before my area becomes full service (end of November, apparently). So I've dodged UC for the time being.

What worries me is that, every now and again, I take small temporary jobs in call centres abroad. I've been to Spain, the Netherlands and Germany. I did because I like to move around but also to put something on my cv, otherwise I'd be a chronic unemployed here.

So I seem to recall that one of the requisites to claim UC is, or was,:

"have lived in the UK for the last two years, and not have been abroad for more than four weeks continuously during that time".

Is it still the case or was this a temporary measure during the transition period? Because, if this still is the case, what happens if I leave the country for longer than 4 weeks? Do I have to wait 2 years before claiming UC?

I've already refused two temporary contracts abroad because of this and I'd really be grateful if somebody would explain how it works. By the way I already asked at the jobcentre and I could not get a straight answer.
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  • [Deleted User]
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    mikeB5 wrote: »
    Hi all, apologies if this has been discussed before but I've made an extensive search and I couldn't find the answer.

    I'd like to know what the rules are for those who claim UC for the first time in an area which has become full service.

    I've now made a rapid reclaim for JSA, just in time before my area becomes full service (end of November, apparently). So I've dodged UC for the time being.

    What worries me is that, every now and again, I take small temporary jobs in call centres abroad. I've been to Spain, the Netherlands and Germany. I did because I like to move around but also to put something on my cv, otherwise I'd be a chronic unemployed here.

    So I seem to recall that one of the requisites to claim UC is, or was,:

    "have lived in the UK for the last two years, and not have been abroad for more than four weeks continuously during that time".

    Is it still the case or was this a temporary measure during the transition period? Because, if this still is the case, what happens if I leave the country for longer than 4 weeks? Do I have to wait 2 years before claiming UC?

    I've already refused two temporary contracts abroad because of this and I'd really be grateful if somebody would explain how it works. By the way I already asked at the jobcentre and I could not get a straight answer.


    Yes residence requirements remain so you won’t be entitled to claim if you work abroad. Stops benefit tourism, you could get a job and pay taxes here and claim UC
  • Mersey_2
    Mersey_2 Posts: 1,679 Forumite
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    This was discussed in detail on a previous thread.


    It was a measure (along with the more lengthy 3 month requirement) designed to prevent fraud from recent immigrants; but, it has potentially captured some for whom it was not intended.


    AFAIK exceptions and/or 'good cause' have been given to those eg visiting sick relatives, a short holiday abroad or a work experience placement for interns and so on.


    But I very much doubt you'd succeed by your example of choosing to work abroad, however short-term.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
  • mikeB5
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    Mersey wrote: »
    This was discussed in detail on a previous thread.


    It was a measure (along with the more lengthy 3 month requirement) designed to prevent fraud from recent immigrants; but, it has potentially captured some for whom it was not intended.


    AFAIK exceptions and/or 'good cause' have been given to those eg visiting sick relatives, a short holiday abroad or a work experience placement for interns and so on.


    But I very much doubt you'd succeed by your example of choosing to work abroad, however short-term.
    Thanks Mersey. If this is the case, so be it!

    However I've checked on the Universal Credit Regulations 2013:
    [ Cannot post links yet]

    and I couldn't find any reference to this requirement of having lived in the UK continuously for 2 years.

    I wonder where this requirement comes from. I suspect it could be a unilateral interpretation of the DWP. Has this ever been challenged in an appeal?
  • TELLIT01
    TELLIT01 Posts: 16,487 Forumite
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    How long were you abroad in the past couple of years? Are you referring to a couple of short periods, but over 28 days, or longer periods. Detail would be helpful. It might make a difference to the answer.
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    Temporary absence is in the regs:

    http://www.legislation.gov.uk/uksi/2013/376/pdfs/uksi_20130376_310515_en.pdf

    Scroll down to number 11
  • mikeB5
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    TELLIT01 wrote: »
    How long were you abroad in the past couple of years? Are you referring to a couple of short periods, but over 28 days, or longer periods. Detail would be helpful. It might make a difference to the answer.

    I'm fine for the time being. My periods abroad were a few years ago. But, for example, I had an offer for a short (3 months) contract in the Netherlands. Under the old rules I'd have been able to come back and claim JSA. But now, if I understand correctly, I'd have to wait teo years. So, there's no incentive for me to get of the dole, for then not being able to get it back one day.
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    mikeB5 wrote: »
    I'm fine for the time being. My periods abroad were a few years ago. But, for example, I had an offer for a short (3 months) contract in the Netherlands. Under the old rules I'd have been able to come back and claim JSA. But now, if I understand correctly, I'd have to wait teo years. So, there's no incentive for me to get of the dole, for then not being able to get it back one day.

    If you worked abroad for a short period and then returned to the UK and wanted to claim Universal Credit then you would be subject to the Habitual Residence Test. Nothing about waiting 10 years.

    http://data.parliament.uk/DepositedPapers/Files/DEP2017-0556/69_HRT_V4.0.pdf
  • IAmWales
    IAmWales Posts: 2,024 Forumite
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    Are you not able to find work in a call centre here?

    Post on the Employment board for assistance in finding work.
  • Anne1234_2
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    Slightly off topic, but how do you go about finding the short term call centre work..? As I am interested in such work.... do you speak other languages? Or is this English speaking work? PM me if you like.

    P.s - if you have been out of the country for more than 4 weeks, under UC, you have to complete the HR test when you return. My understanding is if you have been away for work you will fail this test. You have to wait 3 months until you can re take the rest, be considered a UK citizen and then make a claim.
  • mikeB5
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    pmlindyloo wrote: »
    If you worked abroad for a short period and then returned to the UK and wanted to claim Universal Credit then you would be subject to the Habitual Residence Test. Nothing about waiting 10 years.
    Anne1234 wrote: »
    P.s - if you have been out of the country for more than 4 weeks, under UC, you have to complete the HR test when you return. My understanding is if you have been away for work you will fail this test. You have to wait 3 months until you can re take the rest, be considered a UK citizen and then make a claim.

    Thanks you both. (and it was a typo: I meant two years, not ten years). So, it kinda becomes clearer now. If I understand correctly, if somebody has been away for longer than 4 weeks over two years, that triggers the HRT test, but it will not preclude the possibility of claiming UC at all. Is that right?
    Anne1234 wrote: »
    Slightly off topic, but how do you go about finding the short term call centre work..? As I am interested in such work.... do you speak other languages? Or is this English speaking work? PM me if you like.
    I just do random Google searches, eg: Multilingual service agent, or sometimes I throw other keywords such as: accommodation provided, relocation offered.

    I speak German, Dutch and Italian, but not at a native level. They usually want native English speakers with an additional language. You wouldn't believe how many companies have multilingual call centres in continental Europe.
    IAmWales wrote: »
    Are you not able to find work in a call centre here?

    Post on the Employment board for assistance in finding work.
    Yes, but it's mostly in Glasgow or Belfast and it doesn't pay my bills. The ones abroad usually help in finding temporary accommodation at a decent rate.
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