Spanish and unable to work

flossy_splodge

Help please.
A young male spaniard has been working in the UK for about 7 months, all legal etc (as far as I know).
He went back to Spain for a holiday, last week, and has broken his wrist. It is in plaster. He is a chef so is unable to work. His employer has said they will pay 2 weeks holiday money and then nothing more and has said he has no entitlement to benfits. Can someone tell me if this is correct. What about help paying his rent (private flat)?
Thanks

welshmoneylover

flossy_splodge wrote: »

Help please.
A young male spaniard has been working in the UK for about 7 months, all legal etc (as far as I know).
He went back to Spain for a holiday, last week, and has broken his wrist. It is in plaster. He is a chef so is unable to work. His employer has said they will pay 2 weeks holiday money and then nothing more and has said he has no entitlement to benfits. Can someone tell me if this is correct. What about help paying his rent (private flat)?
Thanks

Is he still in the UK or in Spain?

flossy_splodge

He has come back to the uk to return to his job as soon as able.

welshmoneylover

flossy_splodge wrote: »

He has come back to the uk to return to his job as soon as able.

Perhaps he can claim from the Spanish Benefits Agency?

seven-day-weekend

I don't know whether he can claim Benefits in the UK, but he certainly won't be able to get them in Spain, he has not worked and paid in for long enough. Spain's benefit system is based upon contributions.

He will have to pass the Habtual Residency Test before he can claim benefits in the UK. He has to prove he has come to the UK to live and/or work for the forseeable future. Even returning British Citizens who have lived abroad have to pass this before they can claim Benefits and I know at least one British Citizen who has failed the test.

http://www.parliament.uk/briefingpapers/commons/lib/research/briefings/snsp-00416.pdf

I suggest your Spanish friend takes a trip to the CAB to find out his entitlement.

jellybaby1969

Your friend will have to pass the HRT test (For ESA IR)and the papers will be sent to Wick for the decision (as he is a european national). In my experience this can take weeks to get a decision.

mikeyburnsey

Tell him to go back to Spain and claim there equivalent, and when better come back or when he can get official conformation that he will receive UK benefit.

FBaby

seven-day-weekend wrote: »

I don't know whether he can claim Benefits in the UK, but he certainly won't be able to get them in Spain, he has not worked and paid in for long enough. Spain's benefit system is based upon contributions.

He will have to pass the Habtual Residency Test before he can claim benefits in the UK. He has to prove he has come to the UK to live and/or work for the forseeable future. Even returning British Citizens who have lived abroad have to pass this before they can claim Benefits and I know at least one British Citizen who has failed the test.

http://www.parliament.uk/briefingpapers/commons/lib/research/briefings/snsp-00416.pdf

I suggest your Spanish friend takes a trip to the CAB to find out his entitlement.

If he's worked 7 months and now can't work becauses of injury, he should be able to claim benefits just any other british citizen. It doesn't matter which nationality you are, all that matter was that you are in this country with the intention to work (and not just get benefits) which clearly he can evidence.

jellybaby1969

The other consideration is SSP..tho i guess the employer is washing his hand with this.

flossy_splodge

FBaby wrote: »

If he's worked 7 months and now can't work becauses of injury, he should be able to claim benefits just any other british citizen. It doesn't matter which nationality you are, all that matter was that you are in this country with the intention to work (and not just get benefits) which clearly he can evidence.

Thanks for that, I've cut and pasted to him.