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denied benefit

hello
I was denied job allowance benefit, because I am not considered habitual resident of UK (I failed the habituality test)
I am EU citizen, been about 1.5 months in UK
can you advise me please?
will I ever be eligible for that benefit?
why I failed the test?
what's needed to pass it?
thanks!
«13

Comments

  • Caz3121
    Caz3121 Posts: 15,916 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    are you still a student?
  • userman
    userman Posts: 95 Forumite
    Caz3121 wrote: »
    are you still a student?
    no I am not a student
  • dealer_wins
    dealer_wins Posts: 7,334 Forumite
    userman wrote: »
    hello
    I was denied job allowance benefit, because I am not considered habitual resident of UK (I failed the habituality test)
    I am EU citizen, been about 1.5 months in UK
    can you advise me please?
    will I ever be eligible for that benefit?
    why I failed the test?
    what's needed to pass it?
    thanks!

    You posted this in April??

    "hello I am an undergraduate student in Central London and I wonder if there is a chance I could find accomodation (minimal) with less than 200 pounds per month???"
  • userman
    userman Posts: 95 Forumite
    I will be student from this September and I applied for the benefit 1.5 months after entering UK, sorry for the confusion
  • userman wrote: »
    I will be student from this September and I applied for the benefit 1.5 months after entering UK, sorry for the confusion

    You have answered your own question. You have come here to study thus you are excluded from our benefits system. You have to be self sufficient (i.e. parental support or a job) not hoping the British taxpayer will subsidise you. A visiting student is not considered to be habitually resident as the intention is for you to return from whence you came.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
  • userman
    userman Posts: 95 Forumite
    You have answered your own question. You have come here to study thus you are excluded from our benefits system. You have to be self sufficient (i.e. parental support or a job) not hoping the British taxpayer will subsidise you. A visiting student is not considered to be habitually resident as the intention is for you to return from whence you came.

    you are wrong
    I am not student now, I will be from September.
    Now I am unemployed.
    I cannot have from now the benefits of a student, ie. student discount at public transport, etc, because I am not a student, then why I shouldn't have the benefit of the unemployed?
    I entered the country months before I start the course in order to find a job.
  • missapril75
    missapril75 Posts: 1,669 Forumite
    Eighth Anniversary Combo Breaker
    edited 15 July 2013 at 1:22AM
    userman wrote: »
    I am not a student, then why I shouldn't have the benefit of the unemployed?

    Because you are not habitually, normally, usually (whatever phrase you want to use) resident in the UK. Unless there is other information you haven't supplied.

    Do you have a home in the UK? Family? Funding from a UK body while in the UK?
    I entered the country months before I start the course in order to find a job.
    All EU citizens (including British ones) recently arriving in the UK have to satisfy this condition for certain benefits.

    Many a Brit is refused benefits for this very reason unless they can show they are resuming residency after a period away.

    After a longer period in the UK it may then be accepted that you are ordinarily/habitually resident. It's not defined.

    (the right to reside isn't the same as the right to benefit)
  • userman
    userman Posts: 95 Forumite
    I don't have family, home or funding
    at the same most people I know receive a benefit, without having anything of the above
  • missapril75
    missapril75 Posts: 1,669 Forumite
    Eighth Anniversary Combo Breaker
    userman wrote: »
    I don't have family, home or funding
    at the same most people I know receive a benefit, without having anything of the above
    You know a lot of people who have only recently arrived in the UK and they are claiming benefits?
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