Moving back from Spain and need help with benefits

BottomRung

I think a lot of posters are being quite judgemental to the OP by saying he should have done his research before going to Spain. In my opinion he is just asking for advice on his current situation and what he would be entitled to when he returns. We all make mistakes and pay for them later and he is not denying this. Personally if my GF needed to be in Spain to improve health and give me a few more years with her I would damn the consequences and move ASAP and deal with the return when I had to. Things in the UK have changd a lot in 5 years and he will have to face these changes but I don't think he is asking for criticism about how his situation came about.

needelp

krisskross wrote: »

Personally I wish you luck when you return to the UK. I am sure that if you sort out somewhere to live before your return, and of course you have family here that can do that for you, then everything else will fall into place.

From what you say you and your wife would have been totally reliant on benefits even if you hadn't had your few years away so really nothing is different.

Thank you, that's correct we were on benefits before we left and would have stayed on them. We have probably saved the British taxpayer a few pounds being away but believe me I don't say that with a smile on my face and would do almost anything not to be in the situation I am in.

The only difference had we stayed my wife for sure would have been in a worse state of health and maybe my daughter would have taken over as official carer before now leaving me to go to work part time but its all ifs and buts again.

P.S. Although we were on benefits before Spain we only claimed what we needed and for instance were not receiving any housing benefits and some others which we were entitled to claim. Probably a stupid thing to do but its bad enough having to claim at all without claiming more than you need. needelp.

BigAunty

How is it that under the Habitual Residency test (ok, which I'm not actually familiar with) the OP could possibly fail on the grounds that he was only returning to the UK to claim benefits when he was claiming them both before and during his visit overseas...?!!

plus ca change and all that.

krisskross

BigAunty wrote: »

How is it that under the Habitual Residency test (ok, which I'm not actually familiar with) the OP could possibly fail on the grounds that he was only returning to the UK to claim benefits when he was claiming them both before and during his visit overseas...?!!

plus ca change and all that.

I would think that only housing benefit of some sort would be the only issue. The other benefits they receive would simply carry on just with a change of address. Doubt their case will even be looked at if they don't need to claim for anything means tested.

needelp

Does anyone know if and when we return will my wife be allowed to have her mobility allowance back that she lost when moving to Spain or will she/we have to pass the 'habitual residents test' for that to happen? needelp.

Mojisola

needelp wrote: »

My wife and I have been living in Spain for 5 years and are resident there and claiming Disability Living Allowance (My wife) and Carers allowance (Me) plus my wife's state pension.

needelp wrote: »

Does anyone know if and when we return will my wife be allowed to have her mobility allowance back that she lost when moving to Spain or will she/we have to pass the 'habitual residents test' for that to happen? needelp.

How old is she? If she's over 65, she won't be entitled to any DLA mobility.

If she needs personal care, she can apply for Attendance Allowance.

needelp

Because we have or will have two very nearly full state pensions coming in plus DLA, or whatever it will be called soon, and hopefully mobility allowance we will not be able to claim Pension credit which I accept no problem.

Guarantee Credit tops up your weekly income if it’s below £142.70 (single people) or £217.90 (couples). Government site.

I cannot however find out what is the limit of weekly income to allow housing benefit, does anyone know please?

needelp.

krisskross

needelp wrote: »

Because we have or will have two very nearly full state pensions coming in plus DLA, or whatever it will be called soon, and hopefully mobility allowance we will not be able to claim Pension credit which I accept no problem.

Guarantee Credit tops up your weekly income if it’s below £142.70 (single people) or £217.90 (couples). Government site.

I cannot however find out what is the limit of weekly income to allow housing benefit, does anyone know please?

needelp.

DLA will not be counted nor would DLA mobility should your wife be eligible. It will be PIP soon.

Should you get pension credit then it is a passport benefit to full LHA/HB plus full council tax benefit.

needelp

Mojisola wrote: »

How old is she? If she's over 65, she won't be entitled to any DLA mobility.

If she needs personal care, she can apply for Attendance Allowance.

Thank you, she is under 65 and I understand DLA is changing to PIPS and when she is over 65 she will get the attendance allowance you mention.

One of my immediate problems is once abroad they dropped my wife from top rate to medium rate (Because they could! and no doubt because I'm not a good form fillerinner!) but I am hopefully confident with some help from an expert in the field on filling out the assessment forms (Ex DLA employee) she will be put back up to top rate in the next few months.

The reason I believe this is important is that the new PIPS will only have two rates, low and high instead of the three that DLA has now. I'm told the government will put all DLA medium rated claimants down to the lower rate and so its important to get the top rate before the change.
The government are not bringing in these changes for it to cost them more money!
needelp.

PS Thank you I didn't realise she would lose her mobility once over the age of 65.

needelp

krisskross wrote: »

DLA will not be counted nor would DLA mobility should your wife be eligible. It will be PIP soon.

Should you get pension credit then it is a passport benefit to full LHA/HB plus full council tax benefit.

Thank you for your continued help. Our two pensions alone being in excess of £280 a week will be more than the £217.90 the government say is the maximum one can receive to get Pension credit or am I missing something?

We have been warned about the PIPS and I have just mentioned this in my previous post.

needelp.