Daughter absolutely potless dont know where to turn

shazm.69

princessdon wrote: »

The one where you say they get full benefits, crisis loans, help to furniture the home they have been given all backdated is expected.

Unless its child number 3 no one is likely to mind. Everyone is expecting the former, perhaps it's a nice suprise and your son in law has a £35k job

Hahaha yeah something like that hopefully. I will keep you posted lol. I will now go to sleep with a smile on my face goodnight.

shazm.69

jezmyers wrote: »

First of all, I'd like to say a big thank you to everyone who has derailed the thread with their thoughts on the morality of whether they should or shouldn't be entitled to benefits. Of course, I have my own opinion, however it's all rather irrelevant.

So, to try and move this thread forwards, let me pose a few questions for the OP.

1) What would your daughter like the outcome of the situation to be? Does she want to be working whilst her partner looks after the kids? Does he want to work whilst she looks after the kids? This is, of course, working on the assumption that one of them has to work, or at least be looking for work, in order to pass a habitual residency test.

2) Assuming that the above is correct and one (or both) of them is looking for work, have either of them attempted to claim JSA? If so, what was the outcome of the claim?

3) You stated that your daughter had tried to claim habitual residency but this had been turned down as she has not been here long enough? However, length of residency is not a condition of passing the test. You simply need to prove that you have an intention to stay.

4) Which professional agencies has she been in touch with for advice? Has she contacted any or all of the following; CAB, Social Services, her local councillors/MP? If not, why not?

5) Looking slightly longer term, has she located an area that she would like to live in in which there is a relative availability of properties that fall under the limit available for local housing allowance? I'm presuming the children are both under ten so she would be eligible for the two bedroom rate.

As I said, much as I'd love to get into the rights and wrongs of the situation, that's not actually going to change how it is. So, let's look at a way of actually getting you the correct advice and support in order to move things forward.

she applied for jsa but wasnt asked for any proof that she intends to stay here like doctors banks schools etc. She was denied because she failed the test. Her partner apparently cant claim as he is spanish and has no recourse to public funds. She had one crisis loan and last week applied for another but was refused because she failed the hrt test. The children are 3 and 1.
We havent sought advice from anywhere else i had a brief chat with a cab advisor but they only told me what i already know. That she has to keep appealing. I have thought about trying to get in touch with an mp. We seem to be told different things everytime we speak to anyone. I think it depends on which benefit decision maker you get. Thanks for the advice

barbarawright

shazm.69 wrote: »

she applied for jsa but wasnt asked for any proof that she intends to stay here like doctors banks schools etc. She was denied because she failed the test. Her partner apparently cant claim as he is spanish and has no recourse to public funds. She had one crisis loan and last week applied for another but was refused because she failed the hrt test. The children are 3 and 1.
We havent sought advice from anywhere else i had a brief chat with a cab advisor but they only told me what i already know. That she has to keep appealing. I have thought about trying to get in touch with an mp. We seem to be told different things everytime we speak to anyone. I think it depends on which benefit decision maker you get. Thanks for the advice

Has the partner actually applied? I thought EU citizens were entitled to benefits in each other's countries - is that not the case?

mikey_bach

barbarawright wrote: »

Has the partner actually applied? I thought EU citizens were entitled to benefits in each other's countries - is that not the case?

They all have to go for a decision to WICK to see if they are indeed HAB RES, every time they make an application to benefit..

Why OP has your daughter been refused, has she appealed the decision ?

shazm.69

barbarawright wrote: »

Has the partner actually applied? I thought EU citizens were entitled to benefits in each other's countries - is that not the case?

No he hasnt applied and to be honest i dont think he would. He just wants to find work asap. I dont think he would be entitled i think he has to have been working here first for any ammount of time.
I was told the other day that if a foreigner comes here to work they can bring all their family and if they lose their job after a week they can claim benefits for themselves and their families. Not sure whether this is true or not??

dreamylittledream

Some dodgy information being given out right left and centre by posters and jobcentre staff by the sound of it (although as rightly pointed out officers in jobcentres are not benefit trained, and aDWP officer even in a benefits section will not give advice - they can only give factual information).

Both the OP's daughter and her partner have the right to claim JSA. The fact that the partner is Spanish is irrelevent - if he is economically active in that he is actively seeking work (EU claimants can not normally claim economically inactive benefits such as Income Support) then he has recorse to public funds.

The issue are either of them considered to be Habitually Resident in the UK at the time of claim. The HRT test has many parts as a starting point it is a good idea to be registered with a GP, have a UK bank account and if homeless, registered as such with the council.

The test is based on whether that person is deemed to be haitually resident on the day that it is detirmined. A large part (probably the major part in truth) is decided by the length of time the person has been in the country - it has to be an appreciable period of time. Basically anyone, be they Polish, Italien or a returning British citizen who has been out of the UK for a long period of time has to show they have been here for an 'appreciable' period - no-one (not even as Asylum Seeker - they go under the care of NASS for months or years on end before the Home Office makes a decision on leave to remain) can walk off a plane and expect to receive a DWP administered benefit immediatley.

The daughter can reapply again and go through the test again - anything that she can do to improve her prospects (such as registering with a doctor and getting that UK bank account) before doing this is a good idea. The SIL can also do this for that matter, although a DM is probably going to consider the daughters prospects of being habitually resident given she has returned to the UK, the place of the majority of her upbringing to be with family as more likely to be habitually resident then the Spanish son in law whose ties beyond his wife lie firmly in another country.

In all honesty the longer she is in the country, the better chance of passing the test on a second occasion she has. She can also appeal the original decision if she feels it incorrect and if successful will have the claim backdated to the original date of claim (these two options - appeal and reapplication) are not mutually exclusive.

The couple won't be able to claim Child Benefit and Chuld TAx Credit until the kids have been resident for 6 months (the HMRC rules on residency are far more explicit and cut and dried). Once they are there is little prospect of those claims being refused.

In the short term the best advice would be to reapply, possibly after taking some advice of steps to help demonstrate they are intending to remain indefinetly in the UK with some assistance from the local Welfare Rights group or Citizens Advice.

dreamylittledream

shazm.69 wrote: »

No he hasnt applied and to be honest i dont think he would. He just wants to find work asap. I dont think he would be entitled i think he has to have been working here first for any ammount of time.
I was told the other day that if a foreigner comes here to work they can bring all their family and if they lose their job after a week they can claim benefits for themselves and their families. Not sure whether this is true or not??

If they have only been working here a week its unlikely but potentially possible - same test as your daughter and SIL are subject to applies.

The children would only be paid child related benefits once they have been here six months. The partner could be paid on the claim if the claimant is found habitually resident and they are also an EU citizen (would not apply to a non EU spouse - they are likely to have no recorse to public funds until granted indefinate leave to remain in the country).

shazm.69

mikey_bach wrote: »

They all have to go for a decision to WICK to see if they are indeed HAB RES, every time they make an application to benefit..

Why OP has your daughter been refused, has she appealed the decision ?

She was refused because she hasnt been in the country long enough.
She has the right to abode as she is british all her family are here. Her father and I have been paying into the system for years. She wasnt asked for any proof of closure in spain or that she is here permanently.So we dont understand why. She is appealing now we have the forms. We think the man that interviewed her at the job centre has made a mistake somewhere. We went in on friday and asked them if she could retake the test, and they said no you cant take it more than once. Even i know that is wrong. We were then told by the benefits dept that she can retake the test and to go back and demand it.

dreamylittledream

She just needs to reclaim JSA and recomplete the HRT test forms to take the test again.

shazm.69

6 months for child benefit and tax credits?? How come i got them as soon as i came back??? I had no problems with anything i dont understand???