Abroad, can I get benefits IS or DLA

David1962

I shall be going to live with relatives now they have lowered my claims for care and mobility to the lower levels. Italy. ( Their well off ! ) Staying for a year.

I shall not bother trying to take my care allowance with me, as it seems so much effort and I just can't cope with it. Aunty also said not to bother.

Wondered if I could make a claim from Italy before I returned, so as to get the ball rolling perhaps ? or may be even stay if I liked it a lot. haha

Thank you.

drwho2011

your original thread is here.

https://forums.moneysavingexpert.com/discussion/3728713

David1962

Well can I ?

DorsetGirl_2

We cant tell you as we dont have a crystal ball, especially as when you get back you will be close to retirement age.

Caz3121

You won't be able to claim anything until you are back and pass the habitual residence test (which is to confirm you are not coming back to the UK just to claim benefits)

nashly

I dont see why you could not claim as it would be against your human rights if you were denied especially as an immigrant can come to Britain and claim the same benefits while here and even claim for their children who might never come here.

drwho2011

nashly wrote: »

I dont see why you could not claim as it would be against your human rights if you were denied especially as an immigrant can come to Britain and claim the same benefits while here and even claim for their children who might never come here.

Not if they fail a HRT test, so will normally have worked for a year. If the OP returns then there is a good chance some of their benefits may not even exist at that point.

David1962

Thank so far,
What I wondered was would I need to come back to England first to make a claimor could I do it from Malta. Rang the DWP and they say I would be able to apply from there, but takes ages she said.
IS says that I would need to live here as well, think thats the 26 week rule !

As for habitual resindency, Im british and that should be sufficeint ( so I thought) reading it sounds somewhat different. Surely their not trying to stop us leaving ha ha ha

drwho2011

David1962 wrote: »

Thank so far,
What I wondered was would I need to come back to England first to make a claimor could I do it from Malta. Rang the DWP and they say I would be able to apply from there, but takes ages she said.
IS says that I would need to live here as well, think thats the 26 week rule !

As for habitual resindency, Im british and that should be sufficeint ( so I thought) reading it sounds somewhat different. Surely their not trying to stop us leaving ha ha ha

When I returned to the UK after a period of working abroad and made a claim for JSA I had to complete a Habitual Residence Test.

DorsetGirl_2

For someone who needs IS and DLA you seem to be able to jet set around quite a bit!

David1962

Not flying as need oxygen, going by motorhome.