Polish tenant

mickflynn39

He wasn't claiming Housing Benefit. They have never received this benefit.
Things have moved on a bit. While I have known her (the last 2 years) she hasn't worked. It transpires that when she first came over here 6 years ago she did have a number of jobs so does have a reasonable work history for a couple of years. While I was visiting her today the Job Centre rang about her Income Support claim. We are going to see them on Friday as they won't give her anything until she passes the Habitual Residency test. This is the purpose of the meeting on Friday. She has already failed this test before but she doesn't know why. We are going to try and pass this test without involving her husband. If this fails then we will get him involved but I can't see why she should fail.

Because she has not passed the Habitual Residency test in the past she has only been receiving £115 per week for Child Tax Credit. This figure appears to be too low according to the MSE benefits calculator so I'll speak to them and try and find out why. It could be just that they haven't allowed for the baby that has just arrived. No other benefit has been forthcoming because of the failure of this test.

If she passes this test her life will be totally transformed.

MissMoneypenny

mickflynn39 wrote: »

Because she has not passed the Habitual Residency test in the past she has only been receiving £115 per week for Child Tax Credit..

No Child Benefit?

How were they paying the rent and bills for the last year if neither of them were working and they only claimed Child Tax Credits and Child Benefits (for 2 children)?

mickflynn39 wrote: »

If she passes this test her life will be totally transformed.

I think you might find that she would rather have a council house. Lower rent and a secure tenancy.

NYM

She may have now acquired a right to reside as a result of five years' residence.

Still confused though how they managed to pay you rent and pay utility bills without either of them being in receipt of some income...

Does she have a proper tenancy agreement with you ?

I can't put my finger on it, but something doesn't seem quite right about this.. :think:

mickflynn39

She does have a proper tenancy agreement.

So it looks like she hasn't reported the 3rd child so her tax credits will be sorted once this phone call is made. He was working occasionally from what I can gather as a 'taxi driver' and one day a week as a delivery driver so was probably earning money 'cash in hand'. They must have been getting Housing Benefit while he was still with her and he was probably getting Jobseekers Allowance. The rent had become increasingly late from January this year when he left her and this is the point when her finances have become a real mess. I am currently owed one months rent and the next payment is not viable at the moment. Her parents have been sending her money from Poland.

As far as Child Benefit goes, my mistake, she has been getting that. It's the Housing Benefit, Council Tax Benefit and Income Support she hasn't been getting since she separated in January. It seems to me this is because she failed the residency test for whatever reason.

She obviously hasn't been telling me the truth on certain issues in the past but I feel now she knows I am doing my best to help her she is being honest with me now. Being on your own with 3 young children is obviously a huge amount of stress and pressure when you feel you don't have the means to keep a roof over your head so I can understand her trying to 'hide' things. She was probably worried that all I would want to do is evict her as soon as possible.

ab.da54

Are you in a relationship with this woman, mickflynn39?

mickflynn39

Of course not. I'm old enough to be her father. What a strange question.

When_the_going_gets_tough

MF you are a kind person to help in this way. The benefit rules for EU nationals keep changing almost on a weekly basis and the frontline workers often don't know the correct position. You may need to pay a visit - with your tenant to CAB or another advice agency and get the up to date advice on her situation.

mickflynn39

I'm hopeful the Habitual Residency test goes OK. I can't see why it shouldn't. If it doesn't I'll take further advice and act accordingly. I'm confident from discussions I've had today with two of the agencies involved that she should be OK.

MissMoneypenny

NYM wrote: »

She may have now acquired a right to reside as a result of five years' residence.

She hasn't worked for all of those 5 years and the EU person whom she has been a dependant of, has been on jobseekers.. If he has been on that for a while, he won't be exercsing his EU worker rights as he is seen as an undue burden to the EU country they moved to. Her status in the UK is dependant on what he has been doing in the UK.

MissMoneypenny

mickflynn39 wrote: »

They must have been getting Housing Benefit while he was still with her

I doubt that would have stopped, so why hasn't she been paying this money to you?

This isn't making any sense.