Benefits

Margo22

My partner is Portuguese and wants to come and live with me in England. I currently work and claim tax credits. Can he claim any benefits, whilst seeking work or does he have to become a British Citizen first?

NASA_2

If you work more than 24 hours then he isnt entitled to JSA(IB). If you work less, he can apply, he will be subject to the Habitual Residence test though and IMO there is a chance he will fail it.

He could claim JSA(C) but is unlikely to be entitled to that unless he is able to import credits paid while working abroad.

Margo22

I work 22.5 hours a week! What is the Habitual Residence test and IMO? He worked in Portugal, but received cash, so no proof of earnings. Can he claim anything?

NASA_2

Margo22 wrote: »

I work 22.5 hours a week! What is the Habitual Residence test and IMO? He worked in Portugal, but received cash, so no proof of earnings. Can he claim anything?

The Habitual Residence Test is a test applied to people who have moved to the UK from somewhere outside the Common Travel Area. If someone applies for an Income Related benefit then it is applied. If he worked cash in hand then he has no chance of being entitled to JSA(C).

IMO is 'In my opinion'.

Vixie_Pixie

i think Portugal is an EEA16 country and if the person is economically inactive (not working) they have the right to reside providing they are self sufficient and therefore aren't eligible for benefits

From DirectGov -

EEA national exercising Treaty rights, for example a worker or self-employed person you are eligible to access benefits on the same basis as UK citizens, provided you meet the relevant eligibility criteria for those benefits. Those who are economically inactive, including A8 and A2 nationals will not generally be entitled to income-related benefits.

Habitual Residency test is a test that LAs and DWP undertake on persons from abroad to establish permanent residency in the UK. They have to meet certain criteria to pass the test and must do so to be able to claim benefits. As your partner is from an EEA 16 country he is exempt from part of the HRT.

IMO means In My Opinion

If you claim HB/CTB he can go on your claim as a partner but he wouldn't be likely to claim for himself.

Hope this helps

Margo22

So he can not claim any form of job seekers allowance but he could apply for income based benefits if he was working? If he didnt work, but lived with me, would it affect my WFTC, would this go down?