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How can I help them...

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  • epitome
    epitome Posts: 3,199 Forumite
    sovilla wrote: »
    They sold it to a Turkish friend and signed over the deeds before receiving the full amount and then the guy didn't pay them. It went to court but all Turks stay together. And they lost around £40,000.
    Quite common in Turkey, especially for unsuspecting /naive foriegners.
  • pmlindyloo
    pmlindyloo Posts: 13,092 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    After lots of useful (and not so useful advice) you now need a plan of action.

    1. Get your MIL to the doctor's. If he issues her with a fit note then she can ask for Statutory Sick Pay or if she is not entitled to this then she can claim ESA with your FIL. A decision has to be made about whether she can continue to work or not. She can resign and make a joint ESA claim with your FIL. According to which 'path' they take inform change of circumstances as regards HB and CT support.

    2. Go to the council and enquire about supported housing. If this is not available then they will need to find a one bed place so that they do not have a massive 'top up'. While you are at the council ask for advice and support about housing for them. Ask if they have a Deposit Bond scheme (they will make a guarantee to the LL as regards damages - no money changes hands.)

    3. Enquire about your FIL's pension.

    4. If everything becomes too complicated then you must ask for help and support from Social Services (you can do this through their doctor/hospital)

    They have breathing space because they are 'homed' until October so they have time to get everything sorted out.

    You have to be realistic about everything. Because they have moved from Turkey some benefits like PIP are just not available to them. You have to accept this, as hard as it seems - you cannot change the system.

    There is a lot of support out there, particularly from Social Services - you just need to access it. Yes, their income is not going to be much but the important thing is to get them settled and to improve your Mum's health so she can return to work and hopefully improve their financial situation.

    When things are more settled with your MIL you might need to look at all their outgoings and try to reduce their expenditure. There is a lot of help on this forum. If they are used to not having to worry about money too much then they have probably not thought about budgeting for their new life in UK. So, checking utility bills - that sort of thing.
  • epitome
    epitome Posts: 3,199 Forumite
    edited 25 August 2013 at 1:49PM
    I don't think (if what we have been told is true), that they came in order to claim Benefits, but due to a series of unwise financial transactions were in a position where they had no choice.
    You don't understand. They chose to go and live in a foriegn country one that is even outside the EEC. They lived there for 6 years & then lost everything. They had a choice, stay in Turkey, go to another country, or return to UK to claim benefits. They decided that the easiest thing to do would be to return to Blighty and live off the tax payer (benefits). Just because it was the easiest road to walk down does not mean they had "no choice". Also "having no choice" is not is not one of the HRT criteria. So whether you like it or not there is no question that they did come back to UK for one reason and one reason only... they thought they could claim benefits when they got here. And remarkably somehow they managed it.
    To the OP, everybody who comes to live in this country has to pass the Habitual Residency Test, before they can claim means-tested benefits, this includes returning British Citizens.
    Yes, and I am very surprised that he has passed the HRT test for ESA. Perhaps he fraudulently did not tell them the whole truth. I can understand HB being possible and JSA being almost possible (but still amazed they even got JSA) to claim but ESA!! I can't imagine how they managed to get ESA. If they told the truth about being abroad for the last 5 - 6 years then -obviously- there must be some rules that allow them to pass HRT.

    To the OP, Sovilla,

    Your father is already claiming ESA IR for both of them he gets £8.75 because of your mother's income and any other pension income they have or any savings they have -or are deemed to still have- above £6000.

    Which means if your mother's income and his pension income add up to less than £103.80 a week they need to phone ESA to ask what deductions are in place to deduct £103.80 a week.

    If your mother gives up her job there will be no effect to your fathers ESA claim -NO ESA SANCTIONS- he will still be entitled to the full £112.55 a week. The only difference will be that her income is no longer deducted from his £112.55 a week.

    You said "they cannot live on this money". They HAVE TO live on £112.55 a week, there is no question about that. They chose to rent a house that was too big for them and have suffered the consequences, they need to downsize to a rent that the HB will pay for.

    How old is your mother?
    What happened to the £10,000?
    How did they support themselves whilst in Turkey?
  • princessdon
    princessdon Posts: 6,902 Forumite
    According to OP's previous posts they passed HRT as maintained a presence in the UK ie bank accounts, which therefore should mean credit checks are easier.

    I think part if the problem here is budgeting. OP is used to high benefits as has 5 children so gets a lot of benefits whereas singletons and those unable to claim disability benefits are really far from generous and on the breadline.

    Housing needs to be the priority from Oct as their income is not likely to increase without access to the pension, so they will live on the basic amount for the foreseeable future.

    Or she works 30 hours and claims WTC if this is possible.
  • epitome
    epitome Posts: 3,199 Forumite
    edited 25 August 2013 at 1:48PM
    pmlindyloo wrote: »
    1. Get your MIL to the doctor's. If he issues her with a fit note then she can ask for Statutory Sick Pay or if she is not entitled to this then she can claim ESA with your FIL. A decision has to be made about whether she can continue to work or not. She can resign and make a joint ESA claim with your FIL. According to which 'path' they take inform change of circumstances as regards HB and CT support.
    No such thing as a joint ESA claim. He is already claiming for her on his ESA IR claim, she cannot make her own claim for ESA except for NI credits only. In short there will be no advantage to her making her own ESA claim, except NI credits which we have to assume she does not need as they had decided to emigrate to Turkey.
  • epitome wrote: »
    You don't understand. They chose to go and live in a foriegn country one that is even outside the EEC. They lived there for 6 years & then lost everything. They had a choice, stay in Turkey, go to another country, or return to UK to claim benefits. They decided that the easiest thing to do would be to return to Blighty and live off the tax payer (benefits). Just because it was the easiest road to walk down does not mean they had "no choice". Also "having no choice" is not is not one of the HRT criteria. So whether you like it or not there is no question that they did come back to UK for one reason and one reason only... they thought they could claim benefits when they got here. And remarkably somehow they managed it.

    I don't mean they had no choice at all, of course they did, but I think they perceive that they had no choice. They do not seem very financially savvy, nor able to think outside the box. I don't think they planned to come back to the UK IN ORDER TO claim Benefits, but that is where their poor choices have led them.


    When we lived in Spain we made sure we knew where our income was coming from, that it wasn't going to dry up, and that we had a place to come back to in the UK if it all went pear-shape, or if we simply chose to. But I have seen people come to Spain and try to live on savings, all of these without exception have been left with no money (and some have lost their houses, like the OP's parents, but for different reasons). You can't live in a foreign country with nothing, you can't get a job, often coming to the UK is all you can do. Bad planning, but not malicious, imho.

    When we came back we had the same income as we had when we lived in Spain and from the same source, we had a house, so all we had to do was return and get on with our lives.

    The OP's parents now need to take some of the good advice about accommodation and pensions that has been given on this thread.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • sovilla
    sovilla Posts: 187 Forumite
    edited 24 September 2013 at 9:54PM
    Deleted...
  • sovilla wrote: »
    I will try and answer all the questions.

    When MIL and FIL lost the villa they didnt tell us for a year, they were too ashamed, they moved into a rented property and used the £10,000 they had to support them. While also trying to get their money back. They had solicitors over there, but in the end they just lost. As I said there is a friend who is part of the Turkish m a f i a who is trying to help them get the money back as this family that robbed them has done it to other people and they dont like it.

    So they tried to live out there, but wil FIL health problems and the stress MIL was under they decided to move back to the UK to be near family. We were also having problems as my mum got diagnosed with tongue cancer and I couldnt work as she was my child care so this was another reason for them to come home.

    They came home with £3000 which is what they had left out of the £10,000. They lived with us for a while but 4 adults and 5 children in a 3 bedroomed house was tight and they didnt like the fact they had moved our 2 daughters out of their bed and was sharing with the 4 boys. So they saw a flat that was available that was only 5 mins walk from where we live and went for it. Probably not the best idea but they did it and are now regretting it.

    They didnt just come home to claim benefits, they came home to be with family, for support and for my MIL to get a job and work. Which she is doing. We are supporting them as much as we can.

    We are actually thinking of getting my eldest daughter to go and live with them (shes having problems of her own and needs her own space) so then my MIL and FIL would get child tax credits and child benefit and more housing benefit. We would lose money but that doesnt matter to us as long as my child is happy.

    They did have to take the HRT and passed it. As I said they didnt come back here to claim benefits, my MIL had a job within 2 months of being back here and my FIL keeps saying he will go and get a job collecting trollies at Asda. Its just a shame he would forget what he was doing and walk off somewhere.

    I would like to say thankyou for all the advice and comments. And sorry for ranting. Im going to get them to look into getting my FIL's pension early and speak to social workers about my FIL's condition to see if there is any support for my MIL.

    But that is just more short-term thinking isn't it? What happens when she is no longer a child? The money disappears and they are in the same boat aagin. They should be sorting out the long term scenario.

    Glad to see that they are finding out about the Pensions, etc.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • fabforty
    fabforty Posts: 809 Forumite
    sovilla wrote: »
    I will try and answer all the questions.

    When MIL and FIL lost the villa they didnt tell us for a year, they were too ashamed, they moved into a rented property and used the £10,000 they had to support them. While also trying to get their money back. They had solicitors over there, but in the end they just lost. As I said there is a friend who is part of the Turkish m a f i a who is trying to help them get the money back as this family that robbed them has done it to other people and they dont like it.

    So they tried to live out there, but wil FIL health problems and the stress MIL was under they decided to move back to the UK to be near family. We were also having problems as my mum got diagnosed with tongue cancer and I couldnt work as she was my child care so this was another reason for them to come home.

    They came home with £3000 which is what they had left out of the £10,000. They lived with us for a while but 4 adults and 5 children in a 3 bedroomed house was tight and they didnt like the fact they had moved our 2 daughters out of their bed and was sharing with the 4 boys. So they saw a flat that was available that was only 5 mins walk from where we live and went for it. Probably not the best idea but they did it and are now regretting it.

    They didnt just come home to claim benefits, they came home to be with family, for support and for my MIL to get a job and work. Which she is doing. We are supporting them as much as we can.

    We are actually thinking of getting my eldest daughter to go and live with them (shes having problems of her own and needs her own space) so then my MIL and FIL would get child tax credits and child benefit and more housing benefit. We would lose money but that doesnt matter to us as long as my child is happy.

    They did have to take the HRT and passed it. As I said they didnt come back here to claim benefits, my MIL had a job within 2 months of being back here and my FIL keeps saying he will go and get a job collecting trollies at Asda. Its just a shame he would forget what he was doing and walk off somewhere.

    I would like to say thankyou for all the advice and comments. And sorry for ranting. Im going to get them to look into getting my FIL's pension early and speak to social workers about my FIL's condition to see if there is any support for my MIL.

    Why would you do that?

    You don't say how old your eldest daughter is but if she is having problems of her own, sending her to live with your in-laws with their respective health, dementia and depression issues, is hardly going to help her.

    Also any child tax credits and CB payments that they receive, should be for your daughters benefit, not to support her grandparents. As for HB, I am not sure that by offering a room to a non-dependent child who is adequately housed elsewhere, would mean that they suddenly qualify for increased housing benefit.
  • pmlindyloo
    pmlindyloo Posts: 13,092 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    epitome wrote: »
    No such thing as a joint ESA claim. He is already claiming for her on his ESA IR claim, she cannot make her own claim for ESA except for NI credits only. In short there will be no advantage to her making her own ESA claim, except NI credits which we have to assume she does not need as they had decided to emigrate to Turkey.


    Sorry, I should have said that they need to inform Job Centre Plus if she resigns and then her income will no longer be deducted.
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