Need help

sitter20

Hi all. Just wondering if anyone can hep me out? My nephew has lived in spain for 5 years and has had to come back home as he could not clame anything out there. He had cancerso had not been able to work for about a year. Anyway he come back home and went and to get jca and has now been told that as he has been liveing in spain he can not get anything? He still has a brittish passport and a u.k. drivers licence. Can anyone please advice on this please. thanks

McKneff

He has not paid any Ni in the qualifying years so cannot claim benefits.

Does he live with family, on his own or what.

sitter20

Hi at the moment he is liveing here with me.

Caz3121

he will need to pass the habitual residence test. You mention he has come back here as he could not claim benefits there, coming to UK to claim benefits will likely see him fail the test

sitter20

Hi again. He did come back as he had no money and there is no work out there at all so had to come back.When all said and done this is his mother land was born and bread here. And sorry to say unlike someother people. He must beable to get something somewhere?. can you tell me how he can get the habitual residence test thing too please? I cant keep him and if he cant stay here he would be on the streets then what would he do? He is doing his best to get work but needs money to get to places too.

dseventy

sitter20 wrote: »

When all said and done this is his mother land was born and bread here. And sorry to say unlike someother people. He must beable to get something somewhere?.
.

He has not contributed to his "mother land" for the past 5 years, what do you expect it to do?

You allude to "other people" , are you talking about people coming to this country with no means of supporting themselves and expecting the state to look after them? Sound like anyone familiar? Even his family won't look after him!

sitter20 wrote: »

can you tell me how he can get the habitual residence test thing too please? I cant keep him and if he cant stay here he would be on the streets then what would he do? He is doing his best to get work but needs money to get to places too.

He needs to make an appointment at the CAB or Job Centre+.

Or get a job?

D70

Lady_gaga

sitter20 wrote: »

Hi all. Just wondering if anyone can hep me out? My nephew has lived in spain for 5 years and has had to come back home as he could not clame anything out there. He had cancerso had not been able to work for about a year. Anyway he come back home and went and to get jca and has now been told that as he has been liveing in spain he can not get anything? He still has a brittish passport and a u.k. drivers licence. Can anyone please advice on this please. thanks

How did he manage to support himself for the last year whilst in Spain and whilst he was having treatment for his cancer?

He will as someone has already stated, need to pass the HRT before he gets benefits.

pmlindyloo

sitter20 wrote: »

Hi all. Just wondering if anyone can hep me out? My nephew has lived in spain for 5 years and has had to come back home as he could not clame anything out there. He had cancerso had not been able to work for about a year. Anyway he come back home and went and to get jca and has now been told that as he has been liveing in spain he can not get anything? He still has a brittish passport and a u.k. drivers licence. Can anyone please advice on this please. thanks

http://england.shelter.org.uk/get_ad...r_assistance#2


Quote:
Habitual residence


If you have recently returned to the UK after living abroad, even if you are a British citizen, the council must check whether you meet the habitual residence test. If you are not habitually resident in the UK you will not be eligible for assistance. The habitual residence test is a complicated investigation that looks into where your normal place of living should be considered to be. The council will check:

• where you live
• where you work
• where you have family or other social connections
• the reasons why you have come to live in an area
• what your intentions for the future are.

If the council tells you that it does not consider you to be habitually resident in the UK, get advice as it can be difficult to challenge their decision. If you fail a habitual residence test this will affect your entitlement to benefits such as income support, jobseekers allowance and housing benefit.
In many cases, people may become habitually resident in the UK after having lived here for a few months. If you make a new homelessness application at this point, the council may decide that you are eligible for assistance.


When your nephew receives his decision letter then he can appeal. He will need to complete form GL24 which can be obtained fron Job Centre Plus. It would be agood idea to get some help with this, perhaps from CAB.

I believe there is a time limit on the appeal - one month I believe. The appeal should be sent to the address given on the decision letter.

In the meantime I would think that your nephew would need to show his intent to stay here.

He could register with a doctor, apply for jobs, etc etc

bobajob_1966

He may have an entitlement under the Spanish system, as after five years he will (normally) have gained permanent residence. It may be possible to export these benefits.

Lady_gaga

bobajob_1966 wrote: »

He may have an entitlement under the Spanish system, as after five years he will (normally) have gained permanent residence. It may be possible to export these benefits.

will he not have to be up to date with taxes etc there for that to happen? he wasn't working for the last year

bobajob_1966

Lady_gaga wrote: »

will he not have to be up to date with taxes etc there for that to happen? he wasn't working for the last year

It depends (hence my careful phrasing! ) - absence from work through incapacity is treated as part of the qualifying period for residency, so he may be eligible for either their equivalent of means tested ESA, or a conts based benefit depending on what periods they use to assess claims/ whether he was claiming whilst he was out there. I don't know any detail of the Spanish system, so would be unable to give a definitive answer.