Not considered 'habitually resident'

NASA_2

von wrote: »

If you have been resident in the UK since August 2007 there is no way they can say you're not habitually resident in the UK, I would advise that you ask to see the decision to see on what facts they have based their decision and appeal against it. See the link below to show how the Habitual Residence Test is applied (hope it works, apologies if it doesn't)
http://www.multikulti.org.uk/habitual-residence-test-and-right-to-reside/english/index.html
In the meantme you can re-apply for Income-based JSA at any time and as often as you want, they will look again at your habitual residency each time you re-apply.

The part from that link that I would use is the following:

For example, one of the key factors is the appreciable period of time. This is the actual period of time that a claimant has spent in UK. A Social Security Commissioner has stated that this could a period between 1 to 3 months of residence in UK.

3 months is often more than enough to see someone as being Habitually resident but two years is definately enough, in my eyes, to satisfy. Especially if registered with a doctor, got a bank account etc.

calleyw

mcbob wrote: »

Just read the letter again and it says:

'We have used the tax years ending 5 April 2007 and 5 April 2008 to assess your claim'

Now I'm confused!

Not sure why you are confused. As what they stated is correct.

They have used tax year 2006-2007 and 2007-2008.

On April 5th 2009 the tax year ended for 2008-2009 and on April 6th the new tax year started 2009-2010. Even though it is 2009 the tax year ends in 2010.

Yours

Calley

NASA_2

What has been said in relation to the tax years is correct.

The current 'benefit year' (Which runs from first Sunday in January to last Saturday in the following January) is the 2009 benefit year. JSA(C) is based on the last two full tax years before the benefit year in which the claim was made.

Therefore the last two full tax years which are relevant to the OP claim are the tax years ending '07 and '08.

loisa

I have filled out that horrible form, it is the most ridiculous thing I have ever seen. The questions for so silly and inappropriate for someone who was born here.

If you want a more detailed explanation or don't understand something, I would suggest putting in a request in writing (don't waste time calling the contact centre).

In my experience, letters from the DWP can be sloppily pasted together don't always make sense.

NASA_2

loisa wrote: »

I have filled out that horrible form, it is the most ridiculous thing I have ever seen. The questions for so silly and inappropriate for someone who was born here.

If you want a more detailed explanation or don't understand something, I would suggest putting in a request in writing (don't waste time calling the contact centre).

In my experience, letters from the DWP can be sloppily pasted together don't always make sense.

Its not practical to design a form for every circumstance so of course there will be some questions that are stupid and inappropriate. Its done for the right reasons though - just because someone was born in the UK should not mean that they are entitled to benefit straight away.

They could have been born in the UK, moved to the US before they turned one, and then arrived in UK again 30 years later looking to claim off the state never having contributed or planned for how they would support themselves.

System generate letters leave a lot to be desired - ones that are typed by human should be a bit better.

loisa

NASA wrote: »

Its not practical to design a form for every circumstance so of course there will be some questions that are stupid and inappropriate. Its done for the right reasons though - just because someone was born in the UK should not mean that they are entitled to benefit straight away.

I totally agree, it needs to be done for a reason and I'm not trying to suggest that I can think of a better way.

I was just a bit shocked when I saw it as I had never heard of it before. It was just thrown across the desk at me like a slap in the face without much explanation or reassurance by the staff at JCP.
I felt bad enough about being there in the first place and was just made to feel like some kind of criminal as I watched every single page of my passport being photocopied.

Anyway, don't know why I'm ranting - I obviously passed the test!