Daughter absolutely potless dont know where to turn

custardy

well to be fair. nobody voted for the present government

Dunroamin

dktreesea wrote: »

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):

[B]Why has the applicant come to the UK? [/B]
[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]

Your quotation is somewhat misleading when taken in isolation as you have done. In the document linked to, item 7 does not stand alone and straightfprward, as you imply, but is immediately followed by the following paragraph.

"8. In determining whether an applicant is returning to resume a former period of habitual residence authorities should consider:
•
when did the applicant leave the UK?
•
how long did the applicant live in the UK before leaving?
•
why did the applicant leave the UK?
•
how long did the applicant intend to remain abroad?
•
why did the applicant return?
•
did the applicant’s partner and children, if any, also leave the UK?
•
did the applicant keep accommodation in the UK?
•
if the applicant owned property, was it let, and was the lease timed to coincide with the applicant’s return to the UK?
•
what links did the applicant keep with the UK?
•
have there been other brief absences? If yes, obtain details
•
why has the applicant come to the UK?"

The OP's daughter may indeed be able to pass the HRT but it is not as simple or as automatic as you would have the OP believe.

Elvisia

I am surprised your daughter is having issues as I lived in France for five years, and when I came back I was offered JSA and Housing Benefit when I went to speak to the JCP about paying NI contributions. They weren't concerned I had left my job in France (which I had done because the company was being sold and I didn't know from month to month if I was going to be paid) and the only issue I had was a letter sent asking me to prove I was residing in the UK otherwise I would be 'deported back to France', and a phone bill was enough to placate them. Admittedly I had 12 years of paying tax into the system, but they didn't seem concerned about this, so I am surprised on a basic level disregarding partner and kids, that your daughter isn't able to claim JSA?
It is also worth asking your MP as they can advise and step in if necessary. I think I was mis-advised when I came back as I had voluntarily left my job, but the woman at the JCP was very insistent I claim anyway. I filled in all the forms honestly and got JSA which helped me get back on my feet until I got work.

debrag

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

thats the first thing that came to me, only thing that would cause a riot. IMO

Mara69

bloomingflower wrote: »

Who are you anyway? his wife?

Have you even bothered to read all 13 pages of this thread? just jumped in out of nowhere.

I don't have to apologise to anyone. Certainly not to ILW after the way he treated the Op. Posters should use there time posting offering help and advice not being judgemental.

If you read back all the pages I was defending the OP as I felt she was being picked on.

Ah, I see, you're a naturally unpleasant person. Your idea of defence is to be nasty to the person you perceive is carrying out the initial attack.

I can assure you, I have read the whole thread; I actually posted back on the early pages. I have certainly read enough of your posts to have the measure of you.

catkins

Elvisia wrote: »

I feel embarrassed that when I moved back to the UK from France (I had admittedly paid into the tax system for 12 years over here) I was told by the benefits office when I went to ask about paying my own NI stamps that I must claim JSA as I was entitled to the money. My experience was completely different, I was offered housing benefit (I moved in with my parents instead to save that money) and the woman practically filled my JSA form out for me. I had in fact given up my job in France as the company I worked for was in the process of being sold and we were told we may have been let go at any moment.

I had paid into the system here for 27 years before I moved to France. I moved back after 4 years because I hated it there and was told I was not entitled to JSA here or anything else. I had every intention of finding work and did very quickly but I came back with literally nothing and thought all those years of paying in would count for something but apparently not!

Dunroamin

catkins wrote: »

I had paid into the system here for 27 years before I moved to France. I moved back after 4 years because I hated it there and was told I was not entitled to JSA here or anything else. I had every intention of finding work and did very quickly but I came back with literally nothing and thought all those years of paying in would count for something but apparently not!

But you wouldn't have had up to date NICs for contributions based benefits and (possibly?) had a property/savings/working partner which made you ineligible for income based ones.

custardy

shazm.69 wrote: »

Sounds like he just got in from the pub. Had a few too many?
Sounds very young an uneducated to me. Probably on the dole.
What a scum bag!

shazm.69

Mara69 wrote: »

Ah, I see, you're a naturally unpleasant person. Your idea of defence is to be nasty to the person you perceive is carrying out the initial attack.

I can assure you, I have read the whole thread; I actually posted back on the early pages. I have certainly read enough of your posts to have the measure of you.

No Your the nasty one ive read your comments on other threads.You dont give advice just critisizm you seem to like the word nasty too. You need to look in the mirror. Yes you posted back on early pages but it was NASTY!

barnaby-bear

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.

The OP is focussing on the benefits claim, if she could answer ALL these questions well it might go a long way to demonstrating the couple intend to stay in the country long term and don't envisage a life claiming. If the partner could get out volunteering and integrating that might help demonstrate this and help him integrate.