What benefits, if any?

jtk174

After finishing Uni, my daughter took a contract job in the USA for 8 months. Having returned home, she has been told that she is not entitled to any benefits until she has been in the country for 13 weeks. She has lived in the UK the rest of her life!
Although she had summer jobs most years, she has been told that she hasn't made enough contributions.

Anyone any experience of this type of situation?

terryw

Yes. Quite normal. Check out habitual residence.

rogerblack

jtk174 wrote: »

After finishing Uni, my daughter took a contract job in the USA for 8 months. Having returned home, she has been told that she is not entitled to any benefits until she has been in the country for 13 weeks. She has lived in the UK the rest of her life!
Although she had summer jobs most years, she has been told that she hasn't made enough contributions.

Anyone any experience of this type of situation?

The contributions conditions would not normally entitle people who've had summer jobs to contribution based benefits.

If she has come back to the UK, and intends to live here, has family ties here, and no significant ties in the USA, she should appeal the habitual residence decision.
(Incorrect - she can't do this, as there is no discretion)

jtk174

rogerblack wrote: »

If she has come back to the UK, and intends to live here, has family ties here, and no significant ties in the USA, she should appeal the habitual residence decision.

She does live here, has no intention of going back to the USA. She has a job in the pipeline, but it doesn't start until the end of the month. The benefits officer asked her if she wanted to cancel her claim!
What benefit would she be claiming? ( Sorry if thats a silly question! )

Thanks for the reply.

HappyMJ

jtk174 wrote: »

She does live here, has no intention of going back to the USA. She has a job in the pipeline, but it doesn't start until the end of the month. The benefits officer asked her if she wanted to cancel her claim!
What benefit would she be claiming? ( Sorry if thats a silly question! )

Thanks for the reply.

What benefit would she be claiming? JSA....but she's got to be looking for work. Maybe housing benefit but without a job and some serious cash behind her I doubt she's renting a property.

Caz3121

Rules that came into force on 1 January 2014 mean that, if you're claiming income-based jobseeker's allowance and do need to show that you are habitually resident, you cannot be viewed as habitually resident until you've been living in the UK or elsewhere in the common travel area for at least three months. This means that if you claim income-based jobseeker's allowance immediately on your return to the UK from outside this area you won't receive this benefit for at least three months.

https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/british-and-irish-citizens-claiming-benefits/

seven-day-weekend

Many people don't realize that the Habitual Residence Test also applies to returning British Citizens from abroad.