Moving back from Spain and need help with benefits

missapril75

needelp wrote: »

... didn't know we would have to wait 3 or 6 months to get all our benefits back...I still don't know as nobody seems to for sure so in fact it wouldn't have made any difference if I had inquired. Even the citizens advice and Age Uk don't know

It's one of those situations that has an unknown quantity depending on the individual circumstances and how they answer a particular question.

Just a hypothetical for you.

Benefits person: "So you have returned to England because you lost your rent free accommodation?"

You: "Yes that's right. We expected to come back one day anyway."

"Well, what if the owner decided you could stay on rent free after all (or another free offer surfaced) and said you could come back?"

"Well, we'd go back."

That wouldn't look very convincing for having moved back for good. It's similar to when people return to the UK through lost employment abroad. Perfectly naturally and instinctively they want to show themselves in a good light by saying they'd go back and then not need benefits.

But it could damage their case. The person seeing them might think it unlikely they'd get that lucky and pass them. But they might suggest it shows their centre of interest is really the other country and fail them.

That's just one example of how something will look different to different individuals - just as with the opposing opinions on this thread.

It was always our intention to return albeit this is a couple or so years earlier than we expected to.

Focus on this when the time comes. And the advantage of extra care from your daughter.

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...?!!

A good question. However, that those benefits in payment has been agreed even by living away, it's the other benefits involved that make the difference.

krisskross wrote: »

I would think that only housing benefit of some sort would be the only issue. (snip)Doubt their case will even be looked at if they don't need to claim for anything means tested.

Housing Benefit is means tested. Housing is a different issue although linked in some respects.

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.

I'm not sure of the thinking behind allowing DLA (care) to continue but not DLA (Mobility) but logic would suggest it would be reinstated if the only reason it ended was leaving the UK.

If it exists in the same form by then and hasn't been replaced by something else with different rules.

needelp

missapril75 wrote: »

Lots of great advice and information

Thank you so much for this advice, its all being cemented in my brain for the future. needelp.

Mojisola

needelp wrote: »

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

If she gets awarded DLA mobility before she is 65, then she will be able to carry on claiming it. You just can't make a new claim after 65.

needelp

Welfare Reform: FAQs - National Housing Federation
https://www.housing.org.uk/policy/welfare_reform/faqs.aspxShareIn the future, housing benefit will be rolled into pension credit, however, the exact details of how .... http://www.housing.org.uk/policy/welfare_reform/faqs.aspx ...

Found the above on a Google search but for some reason !!! the page has been taken down.

needelp

Mojisola wrote: »

If she gets awarded DLA mobility before she is 65, then she will be able to carry on claiming it. You just can't make a new claim after 65.

Thank you, that's really great news for us as however long it takes to get it back it will likely be well before she is 65. needelp.

happyrainbow

krisskross wrote: »

Just to make another couple of points. I am in contact with people who still live in Spain. They reckon it takes a year+ for a property to be repossessed following default on mortgage payments.

As your father can't fly back why not bring him back by car? Take a few days stopping each night in a hotel or just drive to Santandar and get the ferry. There will be a few options.

my dad cant sit down for any length of time or his hip come out
my mum did stay in hospital sleeping in his room and struggled as she is 75 herself at one point a neighbour gave he a lift back to her house to get some things dad needed and mum had a call from the hospital because they wernt happy she wasn't there to take him to the toilet she was told through a translator that nurses are from nursing and that doesnt include personal care
i don't know what part of spain you were holidaying in i am referring to the way things have been in the last 5 years for them
mum also had to pay for a private nurse to visit every day to change his dressings and help wash him as it all got too much for my mum after dad had been bedridden 3 months

krisskross

happyrainbow wrote: »

my dad cant sit down for any length of time or his hip come out
my mum did stay in hospital sleeping in his room and struggled as she is 75 herself at one point a neighbour gave he a lift back to her house to get some things dad needed and mum had a call from the hospital because they wernt happy she wasn't there to take him to the toilet she was told through a translator that nurses are from nursing and that doesnt include personal care
i don't know what part of spain you were holidaying in i am referring to the way things have been in the last 5 years for them
mum also had to pay for a private nurse to visit every day to change his dressings and help wash him as it all got too much for my mum after dad had been bedridden 3 months

My husband was in a Spanish hospital for 3 weeks just 2 years ago. Although i was there everyday I was always asked to leave when he was given personal care. I was never expected to help.

Certainly I agree there is very little in the way of aftercare in Spain.

Can someone in the family perhaps hire a camper van type vehicle so your father can lie down on the journey back to the UK if they want to return.

shazm.69

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.

We will have to move back to the UK early next year as we will lose our home and cannot afford to stay there.

We will be coming back to the uk with little money, our two state pensions because I will be 65 by then plus my wife's DLA but no carers allowance for me as I will have lost it when becoming age 65.

The Citizens Advice, Age UK and the council's housing people have been of little use advice-wise and are saying we will have to pass a 'habitual residents test'. Having looked at this I can't see we would have much trouble passing as we have children and other relatives living here but don't know for sure?.

One of our children will become my wife's carer and we would hope to live near her in a London borough where we have one other child living also. The housing people say we would have to live in that borough for at least three months first before being able to ask for help from the housing people and/or any benefits agency.

My wife is at present on the middle level of DLA but I am fairly confident she will be put up on the higher rate after a new assessment is sent shortly and I understand a new assessment know as PIPS (I believe) is coming into force soon and would think she will be put on the higher rate of the two when that change comes about.

So I basically need some advice as to what to do and when. Needelp.

Hi I returned home from Spain in 2011 with 3 children after seperating from my Husband. I had no problems whatsoever i was accepted for a crisis loan the day after i arrived. Then all my benefits were all in place in less than a month. Including housing benefit. I dont remember taking the habitual residence test. However a year later my eldest daughter had to return with 2 children and a spanish partner and they have had alot of problems they had to go without a single penny for 2 months as my daughter failed the HRT. She retook it and has now passed.
I think every case is different maybe it was easy for me as i was a lone parent. Or maybe because i was paying into the system before i left the uk. Just make sure you have proof of closure in spain eg closing of bank account and that you can prove you intend to make your life in the uk eg docs,bank accounts family jobs etc. When my daughter failed the HRT test she was told she was still entitled to housing benefit. They are now in their own home and this was before she passed the test. Just make sure you have enough money to live on when you return to last you a couple of months. Until your benefits are sorted. Good luck

iluvmarmite

feelthelove wrote: »

you are a wicked person , why did you reply just to be wicked . :mad:

Please take no notice of this person he is the same towards everyone, he believes himself to be some sort of crusader acting on behalf of the tax payer but in reality he is a troll.

needelp

Thank you all again for your support and advice, Shazm I wish you too the best of luck for the future, Happy Rainbow, best wishes for dad to have a quick recovery, needelp.