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Moving back from Spain and need help with benefits

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Comments

  • Morlock
    Morlock Posts: 3,265 Forumite
    I live in the real world. I don't move to London because I can't afford to. I suppose I could just turn up there and say I've come back from Spain or something and see what they can do for me--I might get a house like Abu Hamza or something mightn't I?:rotfl:

    And yet another pointless post. Nobody cares whether you can afford to live in London or if you 'live in the real world'. Sure, go to Spain or be Abu Hamza or something if it makes you feel better.
  • needelp
    needelp Posts: 32 Forumite
    edited 29 January 2013 at 12:59AM
    Thanks to those that answered with sensible input.
    Im no expert but im thinking you might have to rent privately for at least a few months to get your foot in the door.

    You may be right and it may be an answer to the problem.
    miduck wrote: »
    The system is there for those that have continued to pay in - you have not done so for five years. I can't believe there is no support available in Spain, you would be entitled to claim there as you have residency.
    Edit: There is support available, but only for those that have paid into the system in the past few years.

    A point you may be missing is my wife and I were claiming benefits before moving to Spain and continued, albeit less so, while living there, quite legally and rightfully of course.

    As for support from Spain there are no benefits available to us.

    (This next bit might answer some other questions as well) We only became Spanish residents because we had to 1) by Spanish law after living in the country for I think its 180 days or close to and 2) by the request of the British government who would have been unable to allow Spain to treat us medical-wise under their National Health scheme. It is interesting to note that our health cards (What was the E111) is supplied by the British government and not the Spanish so I think you can safely say we are still in some way in the British system of benefits etc.
    Mandymull wrote: »
    i see in your original post you state that one of your children will become your wifes carer...does that mean that your child will live with you, or do you hope to live near that child? after all to provide 35 hours of care to claim Carers allowance means they need to be living quite close to you and your wife

    Yes to live close to that child carer and another in the same borough.

    May I add here for the troll-like posters I was born in London some 64 years ago, lived there for 59 years and actually lived in said borough for nearly 30 years before moving to Spain. I think it’s plain to see the reasons why I would want to return there.
    Various good and useful points

    Thank you.
    AS you are worried about managing on your return, London is a very expensive place to live. Could you not perhaps live on the outskirts but near enough for family to travel to help?

    Thank you, the borough is on the outskirts and is one swallowed up by London.

    Might you be able to claim attendance allowance instead of carers on your return? Also, if both your pensions, DLA and attendance allowance do not give you enough to live on would you be eligible for pension credit to top things up a bit?

    As far as I’m aware Attendance Allowance is only available to claimants of DLA once this has been stopped at I believe the age of 65, anyways both cannot be claimed at the same time.

    As you aren't paying rent currently, perhaps now would be a good time to start saving for your rental deposit.

    Yes I agree.
    miduck wrote: »
    All very nice in theory, but you miss the fact that they have lived in Spain for five years, and have established residency there - which would entirely contradict any claim that the move was only intended to be temporary!

    It was always only a temporary move and one just a few years short of our original plan.

    As I explained earlier the residency is a must once living in that country for roughly half a year.

    Maybe at this time I should explain our original move was for my wife's health as the Spanish climate was and is very beneficial to her. She will deteriorate much faster once back in the UK but this is something we cant do much about I'm afraid.

    Needelp.
  • missapril75
    missapril75 Posts: 1,669 Forumite
    Eighth Anniversary Combo Breaker
    pmlindyloo wrote: »
    There is a very useful fact sheet here about this:

    Looks really good.
    If you have been abroad for a temporary period, or you are re-establishing ties in the UK, you may be treated as habitually resident from the first day of your return to the UK.

    As in no qualifying period need be involved. :)
  • needelp
    needelp Posts: 32 Forumite
    edited 29 January 2013 at 1:59AM
    You will have to pass the Habitual Residency Test. You will have to show that you have come back to live in the Uk for the forseeable future and have not just come back to claim Benefits.. Things like having a UK bank account, a rental contract, signing up with a Dr, going on the electoral roll, will all be evidence of this.
    Many Benefits in the UK are nothing to do with how long you have paid in, they are based on residency, so this is why you will need to pass this test to get any means-tested Benefits. Your Pensions and DLA will be safe.
    Most returning British citizens pass, but I do know of one person who failed it as he was not able to convince the authorities that he had not come back to the UK solely in order to claim Benefits.
    Hope this helps.

    It does help yes thank you, although to some it may appear we are returning to claim benefits this is not the case but as a result of having to return we will require some I think.
    It seems we may have to return under our own steam and get our own rental property with whatever money we can muster between now and then and then seek help when it is required.
    krisskross wrote: »
    Have you thought about where you will live when you return to the UK? This must be your priority to sort out.

    If you can save enough to pay a deposit and your rent for a few months then you won't need to claim benefits the moment the plane lands and thus will have time to establish residency here in the UK and avoid the habitual residency test.
    We returned from Spain after living there for 5 years but have never needed to claim any means tested benefits so have never been troubled by the HRT.
    Just curious but where did you live before you went to Spain?
    Where we live now I was told by another returnee that you have to be on the housing register for at least 6 months before you are even considered for accommodation. I am sure the London Boroughs will be problematic.

    Thank you, I think my last post and this one answers your questions.
    pmlindyloo wrote: »
    There is a very useful fact sheet here about this:
    Your link

    Thank you, Ill read it tomorrow and I hope its of more use than their advisers on the phone!
    Edit: Read it now and yes it was of great use, thank you again.
    Malcnascar wrote: »
    If you have lived rent free in Spain for 5 years, what income did you have to live off whilst you were there. Where is that income now?

    Although already mentioned in an earlier post.
    DLA
    Carers allowance
    One State pension
    All still being received but not enough to live on in Spain or the UK if paying high rents.
    Poppie68 wrote: »
    Im sorry OP but you don't give any indication that you are no longer able to care for your wife, just that payment will stop when you turn 65. So in fact it sounds like a fraudulant claim for CA by your daughter but ending up in your pocket. I apologise if i am wrong but it seems very much like a dodgy claim.

    I understand your point but both my daughter and I would be my wife's carer and I don't see anything wrong with her being paid by the state any monies she is entitled to.
    i think you are all being unfair in the tone of your points of view
    my parents have been living in spain ten years and their move was well thought out at the time but things happen
    my dad has become very ill in the last three years has been in and out of hospital and one of my dads health problems was totally unforeseen (he was given a hip replacement that was 4 years later recalled) the replacement has caused poisoning and no end of pain and problems
    in spain the hospital staff expect you to have someone stay at all times day and night and give personal care including feeding the patient if you have no one you dont eat its as simple as that
    those with a mortgage who loose their jobs and cant pay have their houses repossessed after one missed payment
    my parents would love to come back to england so we their family can support and help as mum is also unwell now but my dad is unable to fly for the foreseeable future
    even the best laid plans dont always work and this man needs help and understanding in a stressful time
    facts yes fault finding no

    Thank you for your support. Every forum has trolls and those that take the p out of the less fortunate may suffer the same fates as it (Fate) has a wonderful way of turning the tables on people like them.

    Think back to this thread my troll-like friends when one day you become the needy one or when you wake up to find you also have a debilitating disease that will cripple and torture you for the rest of your lives.

    Think on.
  • missapril75
    missapril75 Posts: 1,669 Forumite
    Eighth Anniversary Combo Breaker
    Brits returning home and there still being a safety net for them?

    That's good isn't it?
  • C_Mababejive
    C_Mababejive Posts: 11,668 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker

    I would also agree with krisskross about Spanish hospitals, the care my husband got was second to none. I did stay with him, but he would certainly have been looked after if I hadn't. He had his own ensuite room - and this was Spanish NHS, not private.

    As regards Spanish Benefits - even if you have paid into the Spanish system there is not a lot you can get out, even for Spaniards, and nothing resembling Housing Benefit or Council Tax Benefit, and Unemployment Benefit only lasts for about a year at the most.

    Agreed. I have experience of Spain and the Spanish health service is excellent. I am digressing slightly but its easy to get confused with the many private clinics which you may see whilst on holiday. They are exactly that. Private clinics whos existence largely relies on claims via health insurance for tourists.

    The Spanish Benefits system bears no resemblance to that in the UK and there is very little help and what is available has stringent conditions.
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
  • Gentile
    Gentile Posts: 246 Forumite
    Not long to go before UK becomes the next Spain, at least its sunny there. Pensioners have had it good, massive increase in house prices and above inflation increase in pension. Sell house here and buy villa in Spain and get paid pension. In year's time UK wont be able to borrow money and then we will see how much social security is available.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Personally, what I think is wrong is for someone claiming full benefits to transfer these benefits abroad, not that they can't get benefits when they come back.

    Isn't it great to move away to Spain and have your full lifestyle paid for there. OP, you say the climate was better for your wife, but let's face it, everyone move/retire to Spain just because it is a much nicer lifestyle. Wouldn't everyone like the opportunity to move to Spain for a few years and not have to worry about how to support oneself.

    Saying that, as said, I don't see the logic in you not getting benefits back to England when you have been relying on them the entire time you were there.
  • needelp
    needelp Posts: 32 Forumite
    blitzuk wrote: »
    Sorry, but if you haven't paid rent for 5 years, you should've put a good few thousand pounds away each year to cover eventualities like this.

    You have been sunning yourself in Spain in benefits for 5 years, and now it finally looks like you may actually have to pay your own way, you want the taxpayer to foot the bill.

    Don't be too confident about being switch to a higher date of DLA either.

    MMmm I wish, if you had taken the time to read the thread and all my comments you would see we lived on (All approx) a month.
    DLA = £208
    Carers = £212
    Part State Pension = £555
    Before my wife's pension began about a year ago she instead received incapacity benefit and this was lost when she started to receive her pension, that benefit was a lot less than her pension by the way.
    So as you can see we have been living on a maximum (Only in the last year) of £975 a month. Even though we had no rent to pay there has not been as quoted by you "A few thousand pounds a year to put away".

    Nothing really to do with the original thread but thought I would mention there is also an assumption by people who don't know, that Spain is a lot cheaper to live in than the UK. Maybe once upon a time but not any more, food is dearer unless you don't eat meat and live off the market stalls. There's no Asda and Tesco giving it away at two for one and many utilities such as electricity is a lot lot more expensive.

    As for the higher rate, I'm hopeful especially as when PIPS comes in there will only be two rates, low and high and I really cant see my wife who cannot walk unaided and cannot dress, wash and clean herself properly will be put on the lower rate, fingers crossed anyway. With this governments policies towards the disabled who knows though, if not the cost to us will be £20 a week I think, not that I'm sniffing at that.

    As for the taxpayer footing the bill I can only say the bill would have been a lot higher had we stayed those five years in the UK, my wife lost benefits such as mobility when moving to Spain.
    FBaby wrote: »
    Personally, what I think is wrong is for someone claiming full benefits to transfer these benefits abroad, not that they can't get benefits when they come back.

    Isn't it great to move away to Spain and have your full lifestyle paid for there. OP, you say the climate was better for your wife, but let's face it, everyone move/retire to Spain just because it is a much nicer lifestyle. Wouldn't everyone like the opportunity to move to Spain for a few years and not have to worry about how to support oneself.

    Saying that, as said, I don't see the logic in you not getting benefits back to England when you have been relying on them the entire time you were there.

    I don't make the rules and claiming entitled benefits abroad is no different to rich people claiming child allowance and heating allowance in the UK, millions of them! I suggest one or two of the moaners on here claimed these benefits and could have lived without them. One difference is we needed the money we were entitled to.

    Spain wasn't a nicer lifestyle as such but much drier and better weather, we were better off money-wise in the UK. The drier and warmer weather although made my wife's painful life better there were many buckets of tears over the years at not seeing our children and grandchildren as much as we would have liked, difficult choice, but one made at the time.
  • needelp
    needelp Posts: 32 Forumite
    Something else that maybe some people don't take into account is we are now all Europeans like it or not and supposed to integrate with everything equal.
    I'm sure nobody would be moaning had we moved to Scotland where we would have had all our benefits kept including mobility but because we moved to somewhere many people think of as a holiday destination it just isn't OK, its thought provoking eh.
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