British and arrived in the UK and having benefits problems.

Lozzie2cats

Hi, have been working in the UK since I was 16, left the UK came back worked paid taxes,left again, came back claimed benefits but also worked and paid taxes again, left again in 2007 and have just come back again for good but now have a boy of nine with me. I am staying with elderly relatives and my uncle is not well(he had heart attack &stroke 2yrs ago) so had contacted the East Sussex county council for help as in emergency housing but am having no joy with them at all. Have just applied for my job seekers allowance which have had one interview for but apparently I have to wait until that is verified before I can claiming housing benefit to prove I am habitual. My son has been in school one week and been registered with doctors. Am in a desperate situation and wondering is there anything else I can do?
Thanks for any advice

Voyager2002

Write to the Job Centre saying that you are destitute and ask for an emergency payment. Also ask them to process your claim as a matter of priority.

Contact Shelter for advice on housing, but don't get your hopes up too high.

Caz3121

Have a read up on the Habitual Residence test. Did you keep connections in the UK, bank account etc.
There was a post not long ago for someone that could not get benefits as they failed the HRT - it was assumed they returned to the UK to claim benefits.
Are you entitled to anything from the country you have lived in for the last 6 years?

RAS

Hi

You need to meet criteria set in the habitual residency test.

Given that you have already left the UK three times and returned, that will be more of a challenge than for many.

Do you have UK bank and savings accounts?

Do you have any bank or savings accounts outside the UK?

Do you own or have available any accomodation outside the UK?

What efforts have you made to obtain employment in the UK?
What is your purpose in coming back to the UK?

If they think it is in order to claim benefits, you will be denied them.

Also have you returned from inside or outside the EU?

missapril75

When arriving in or returning to the UK and claiming means tested benefits, one needs to show one is habitually resident.

Having a child in school is an argument in your favour. Leaving the UK regularly is not.

So you'll need to convince them it really is for good now.

Generally this is done by "showing" the logical steps taken - ending accom/employment/banking etc in the country you leave and arranging same but back in the UK, having all your belongings with you etc.

Something additional with you would be where you have been living when away?

If you lived in the same country it might look as if that was your centre of interest.

If you went to one country, back to the UK, then a different country, back to the UK and then somewhere different before returning to the UK, the one constant will be the UK; the place to which you always return.

You should contact the JC and ask if there's any more information they want. Be aware that they will often apply a qualifying period - 3 or 6 months. There is no such thing and it should be challenged, if you can make a case.

pmlindyloo

You should claim Child Benefit and Child Tax credits. You only have to have the right to reside (which you have ) to claim these.

As regards JSA, have you had a decision yet? If they say that you are not classed as habitually resident and you have produced the 'evidence' (bank account/doctors registration/school registration/application for jobs then you need to appeal. Ask the Job Centre Plus if they require any particular evidence.

If your appeal is refused again then apply again with some added evidence. If they refuse then appeal again and keep going until they accept you. it is important to repeatedly appeal and then reclaim as the Decision Maker will base their decision only on the evidence at the time of the application.

von

In the current climate an appeal could take months, I suggest that if you are refused you just keep re-applying on a weekly basis until they treat you as habitually resident.
At one time the Decision Maker could make an advance decision as to when they consider someone would be treated as habitually resident in the UK but they are not allowed to any more, thereby increasing the frustration on the person claiming and the staff taking the claim.

missapril75

von wrote: »

At one time the Decision Maker could make an advance decision as to when they consider someone would be treated as habitually resident in the UK but they are not allowed to any more,

I can see that interpretation but it's not really correct as there has never been a qualifying period.

It was, however, quite typical for staff to say "try again in 3/6 months" or words to that effect since appeal tribunals had made similarly incorrect rulings and repeat applications (unchallenged ones) have then been made and allowed subsequently.

There has only ever been reference to "an appreciable period of time" but with an each case on its own merits" basis this has seen people paid from when they have applied if they have shown logical, planned, steps to resume UK residency.

von

Sorry to contradict you missapril75 but about 6 years ago the DM could make an advance decision as to the date from which they would consider someone to have proved that they had spent an appreciable period of time in the UK to be treated as habitually resident.

missapril75

@ von

Did you see that somewhere officially or is it something that you know happened.

I'm just curious. I've been out of the UK since 2004 but HRT decisions were something I was doing for the previous 10 years, right from when it was introduced. So it's something I have followed with interest.

Even back in the 90s I knew staff and appeal tribunals were "ruling" people to become entitled at some future point. It was incorrect, but if unchallenged it of course become reality.

Nothing I have read since has suggested anything has changed in this respect and that includes another forum where the subject comes up a lot more often than this one.

The other thing is that HB applications are also supposed to involve an HRT decision and a different decision is entirely possible.

And what happens where a "decision" is made that from (let's say) three months time HRT will be satisfied, but that when that time comes, the job seekers has spent more time (other than a holiday) out of the UK? It might have a material effect on HRT.

As I say, I don't dispute it has happened, just that I can't see it was officially correct.

Housing_Benefit_Officer

I have refused British citizens HB after conducting Habitual Residence Tests - mostly hen they pop back to visit friends or relatives are wanting to get treatment on the NHS and their intention is not to work but to pop back to their home abroad.

Just join a few local clubs and the library to demonstrate 'local roots'.