Daughter absolutely potless dont know where to turn

mikey_bach

Get the appeal in asap,
If you fail the test because the DWP thinks you're not habitually resident, you should re-apply straight away. You can re-apply at the same time as appealing. Continue to re-apply and appeal until you pass the test. The difference between a pass and a fail may only be proving that you've been resident for a few weeks longer in some cases.
You don't have to wait for the outcome of an appeal or for the decision to be looked at again before you re-apply for benefits. If you're told this is a reason why you can't re-apply, you should do so anyway and seek specialist advice.
Think about what more you can do to settle in the UK. For example, could you register with your local GP or join a local club or volunteering group? Try to gather as much evidence as you can.

dreamylittledream

shazm.69 wrote: »

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???

Your children were born in the UK I assume and you had received these benefits for them previously?

Different rules apply to children born in another country like your daughters where CHB/CTC has never been in payment for them

dreamylittledream

mikey_bach wrote: »

Get the appeal in asap,
If you fail the test because the DWP thinks you're not habitually resident, you should re-apply straight away. You can re-apply at the same time as appealing. Continue to re-apply and appeal until you pass the test. The difference between a pass and a fail may only be proving that you've been resident for a few weeks longer in some cases.
You don't have to wait for the outcome of an appeal or for the decision to be looked at again before you re-apply for benefits. If you're told this is a reason why you can't re-apply, you should do so anyway and seek specialist advice.
Think about what more you can do to settle in the UK. For example, could you register with your local GP or join a local club or volunteering group? Try to gather as much evidence as you can.

Or what I said basically lol

shazm.69

dreamylittledream wrote: »

Your children were born in the UK I assume and you had received these benefits for them previously?

Different rules apply to children born in another country like your daughters where CHB/CTC has never been in payment for them

3 of my children were born in the UK one born in southern ireland. I was claiming CB before i left but not tax credits.

dreamylittledream

Having claimed CHB previously would be sufficent to establish there was a claim to reactivate so the 6 month waiting would not apply.

CTC will pay if CHB is in payment - in fact CTC will not normally pay until CHB is in payment and its CHB that the six months normally applied to.

TL DR - its not the same situation as your daughter is in now and there are sadly different rules.

dktreesea

princessdon wrote: »

Spain is a civilised society, just not a benefit state like ours is. They would not have left your grandbabies homeless.

End of the day, you wanted your daughter home and I don't think many would say in your situation they'd want any differently.

But you did so without a second's thought on how you were going to pay for that, merely assumed that the tax payers would pick up the tab, just like they did when you returned.

I doubt if that family will ever be off benefits in the foreseeable future, even if they work they will likely need Tax Credits and Housing Benefit. In short you brought them over to claim benefits as their countries wasn't as generous.

We'd all the do the same if honest.

The real shame is that the UK allows this, whilst the Spanish Economy isn't great and it's made some huge mistakes they at least have the balls to stop giving money hand over fist.

They are far from an uncivilised society though.

Well "civilised " is all relative isn't it. Ask anyone in Spain who has had the shame of visiting Canada Real Galiana. You think I would want the biggest slum in Europe on my backdoor step? Not a chance. Hell would freeze over before Britain dismantled the welfare state and welcomed their destitute citizens into that kind of place, thank God.

Spain's a great place to live if you have enough money, but it's hell on earth if you don't.

As for "other taxpayers" picking up the tab, very few people in Britain, including taxpayers, would be paying anywhere near enough taxes to cover the services, including heavily subsidised services like drinking water straight from the tap, that they use, especially if they have children.

You say the OP wanted her daughter home? Maybe the daughter wanted to come home. She is, after all, old enough to decide.

That girl's rights are being violated, not least by the jobsworth at the job seekers centre who told her that she couldn't re-test for the HRT.

All of you who are complaining about people getting benefits, having children, not working etc, how many of you are getting benefits? Are you all paying for private school or putting your children through taxpayer funded state school? Do you all have private health insurance, or do you do like most of Britain and go to the doctor for free?

And as for this comment of yours:
"I doubt if that family will ever be off benefits in the foreseeable future, even if they work they will likely need Tax Credits and Housing Benefit."
That is just too rude for words.

Even if both parents were together, with two children, earning £15k a year each, they would still get child tax credits and child benefit, and still, in the town where I live at least, get some housing benefit. £30k a year household income is really pretty good, imho. An after tax income of nearly £500 a week. There wouldn't be many places in the world where you would receive over £80 a week of benefits on that kind of household income.

Yes, I would be surprised - and pleased for them - if the OP's daughter and her family have a household income big enough to exclude them from the benefits system anytime soon as week. I would have loved to be earning enough to be one of the 200,000 parents who have opted out of receiving child benefit because their income is too high. But do take note, that's 200,000 people out of a working population of 29 million.

So how about getting off your high horse and realising you are no better, probably, than the rest of us and the OP, grateful for whatever subsidies we get, because I can tell you now there is no way I would be able to afford private school for my children if there weren't state schools.

dktreesea

I am here to motivate people like your daughter and son in law who are considered young and able bodied to go out there, work hard and pay proper taxes into the pot from which it is then distributed to people like yourself who is a grandmother and isnt really expected to go out and work in harsh environments like bars/pubs/restaurants.[/QUOTE]

So it's their choice if they work or not, is it? Not on your life. It's an employer's choice, somewhere, whether or not to offer them the job they apply for. It's never been the jobseeker's choice, whether or not they work, if they are restricting their options to the "working for someone else" world.

Even for the self employed, it isn't their choice whether or not they actually get some work, or sell some goods; it's their potential customer's choice.

We're all entitled to benefits, but there's no such thing as being entitled to paid work.

Gentile wrote: »

Think about it, if I did let you in on the loopholes in the system to gain massive benefits, your children might forever get trapped in it and what sort of example would they set to their children ?
HTH

Yes the benefits are massive, but in Britain they are all, by virtue of being EU citizens or married to/born of the same, entitled to those benefits. They certainly won't need to rely on any loopholes.

My guess is the DWP won't be able to use failing the HRT for very long, especially if people like the Citizens Advice Bureau and their local MP get involved.

If you really can't stomach our massive entitlement welfare system, then you need to find a different party outside of the mainstream to vote for. There is no way any of the major three parties would interfere with this system; they all support it.

dktreesea

shazm.69 wrote: »

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.

You need to go to your MP. Or the Citizens Advice Bureau. A friend of ours, returning from France in similar circumstances to your daughter, had this same problem and was helped by the Citizens Advice Bureau. The DWP caved in once the CAB person rang them on her behalf and spoke to one of the managers. The DWP person(s) is just stuffing you around.

www.parliament.uk/briefing-papers/SN00416.pdf

This is the current government's briefing on the application of the HRT. I note the following passage (bold as per the government's document):

Why has the applicant come to the UK?
[FONT=Arial,Arial][FONT=Arial,Arial]7. If the applicant is returning to the UK after a period spent abroad, and it can be established that the applicant was previously habitually resident in the UK and is returning to resume his or her former period of habitual residence, [/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]he or she will be immediately habitually resident. [/FONT][/FONT]

[FONT=Arial,Arial][FONT=Arial,Arial]Maybe print out this document and take it to the DWP and insist on a reason, in writing, why they have not followed the government's directive. [/FONT][/FONT]

[FONT=Arial,Arial][FONT=Arial,Arial]Failing all this, my suggestion would be to register with HMRC as self employed. Set up a business. It costs nothing. If you would like some suggestions, feel free to PM me. [/FONT][/FONT]

[FONT=Arial,Arial][FONT=Arial,Arial]Your daughter and her partner would then be workers under EU legislation, and both entitled, in their own right, to WTC and CTC. There is something subtle about applying for this though. Once registered as self employed, it's best to apply for child benefit first, or at the same time, because as I recall, WTC gets held up until you get the child benefit. Everything will be backdated but child benefit can take a few weeks. I can tell you for sure, dealing with HMRC is not the same as dealing with the DWP. They stick to the spirit and letter of the law and try to follow the government's intentions. They certainly don't make arbitrary decisions out of what seems to me to be nothing more than spite. [/FONT]
[/FONT]

dktreesea

Sure, you have a say. You voted. And the three major parties all support our current welfare provisions. Including freedom of movement for all EU citizens and their families, and access to our benefits system. If we don't want the current system, then we need to find a political party who also opposes it and vote them into government.

And, unless I missed something, the OP's daughter is a British national. Presumably her children have dual citizenship or are able to get British citizenship if they wanted to.

dktreesea

shazm.69 wrote: »

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???

Becauuse in your case whichever public servant you were dealing with chose to apply the government's policy correctly. In your daughter's case the DWP person is a law unto himself, feels free to do whatever he wants without regards to government directives, hence her not being granted habitual residence on arrival.

Yes, it's not right what's happening to her - imho it's disgusting - but you have to fight it. Make sure benefits are backdated to when she arrived.