HRT fail

Daniel_Mizrachi

But I did it.

dippy3103

What did you do to appeal? What response did you get?

pmlindyloo

When you first applied for JSA there was no 3 month rule. Councils made their own decisions on what constituted habitual residence. Some people had to wait months.

When you appealed, the decision would have been made on your original application (before you produced your evidence). After this was refused you should have appealed again and they would then have looked at your evidence.

Plus, you then quickly became subject to the 3 month test and I suspect your original application was ignored and they then treated it as a later application.

I tend to agree with you that you should have been entitled to a small amount of JSA going on your dates but there may have been legislation to treat applications immediately before the new rules as starting later.

I should just forget about this as it is far too late to do anything without a lot of hassle even if you do feel hard done by. Move on with your life.

bigadaj

This thread could be trolling, but it's an interesting summary on the state of the benefits system.

The OP manages to get a German passport presumably as he is non EU, then rocks up in the UK with an expectation that he can claim benefits form day one. That this is possible is why the system is and has to change, it's a dram story for ukip.

This isn't possible in any other EU country that I'm aware of, and I don't understand why there is an expectation that it is so. I've worked on Africa and Asia, but wouldn't expect to have any call on local benefits there, should they exist. Despite paying taxes in those localities.

pmlindyloo

bigadaj wrote: »

This thread could be trolling, but it's an interesting summary on the state of the benefits system.

The OP manages to get a German passport presumably as he is non EU, then rocks up in the UK with an expectation that he can claim benefits form day one. That this is possible is why the system is and has to change, it's a dram story for ukip.

This isn't possible in any other EU country that I'm aware of, and I don't understand why there is an expectation that it is so. I've worked on Africa and Asia, but wouldn't expect to have any call on local benefits there, should they exist. Despite paying taxes in those localities.

Since the OP has a German passport then he is treated as an EU citizen.

Since January 2014 there have been new rules in place to stop EU migrants claiming benefits for 3 months and then they have to prove that they have strong evidence that they are going to contribute to the UK economy.

https://www.gov.uk/government/news/tough-new-migrant-benefit-rules-come-into-force-tomorrow

bigadaj

pmlindyloo wrote: »

Since the OP has a German passport then he is treated as an EU citizen.

Since January 2014 there have been new rules in place to stop EU migrants claiming benefits for 3 months and then they have to prove that they have strong evidence that they are going to contribute to the UK economy.

https://www.gov.uk/government/news/tough-new-migrant-benefit-rules-come-into-force-tomorrow

Fair enough, in my opinion te two issues are whether there is an entitlement and that has been discussed and broadly determined, but secondarily whether the system is sustainable and that is what is pushing the changes.

Having travelled extensively I find it surprising that so many people don't realise that the wider world is a hard place, with no welfare system in place for probably 90% of the worlds population. You therefore can't blame people for attempting to get to a place where there is one, the problem is that if even a small proportion do then it becomes economically unsustainable.

Most interesting was the OPs quote about not feeling entitled to claim benefits in Germany as he'd never spent any time there, again a sound bite that would be manna to ukip.

Daniel_Mizrachi

dippy3103 and pmlindyloo, I will just post two of the few letters I sent them. Apologies ahead,
the english is quite bad and the language is direct (I wasn't familiar with the british subtlety back then )

17/2/14

Letter confirming HRT failure haven’t arrive

To whom it may concern,

I, XXX, made a claim for JSA,
Then I was asked to do HRT.
I failed my HRT, and didn't get a notice.
I contacted the job centre and discovered I failed.
Since then, I been in contact many times and asked for the letter with the reason for my failure and an option to apply for reconsideration.
From what I know, 3 letters have been sent, but still none arrived.

Apparently there is no other way to find out the reason for failure and apply for reconsideration except the letter, so I will wait.

But I want to update you I intend to apply for reconsideration and the only reason I didn’t is because of this.

I would also like to mention I don’t understand what could be the reason for my failure in the HRT,
I'm an EU citizen (German nationality), I live in the UK, I want to work in the UK, and I got family here. This is my new home.

I hope the letter will arrive soon and I will be able to make a formal plea for reconsideration.

If you wish to contact me, my details are:
XXX

Respectfully yours,
XXX


13/4/14

Request to reconsider HRT failure

To whom it may concern,
I, XXX, made a claim for JSA,
I was asked to do HRT, and then I failed my HRT.

I would like to ask for reconsideration of the decision.

I'm an EU citizen (German nationality), I lived in the UK for 6 months and plan to live here for the rest of my life. I’m starting to work in London very soon, and I got family and friends here. This is my new home.

I lived in this country for six months without job and without getting any benefits, I had many expenses and my financial situation is poor because of it.
If my request will be accepted, and I don't see a possible reason why it shouldn't, I would ask to receive my benefits retroactive,
To some extent, at least.

If needed, you are welcome to contact me, so I can explain my situation further and elaborate more about my request and my condition.
My details are:
XXX

Respectfully yours,
XXX

Daniel_Mizrachi

bigadaj, I don't know what you want from me, what you think I did to you or anybody else, or what you might think is my mastermind evil plan, but to make allegation against people you don't know with a story you don't care about, just because it's the internet and not the "real world" is just mean.

NYM

Daniel_Mizrachi wrote: »

13/4/14

Request to reconsider HRT failure

To whom it may concern,
I, XXX, made a claim for JSA,
I was asked to do HRT, and then I failed my HRT.

I would like to ask for reconsideration of the decision.

I'm an EU citizen (German nationality), I lived in the UK for 6 months and plan to live here for the rest of my life. I’m starting to work in London very soon, and I got family and friends here. This is my new home.

I lived in this country for six months without job and without getting any benefits, I had many expenses and my financial situation is poor because of it.
If my request will be accepted, and I don't see a possible reason why it shouldn't, I would ask to receive my benefits retroactive,
To some extent, at least.

If needed, you are welcome to contact me, so I can explain my situation further and elaborate more about my request and my condition.
My details are:
XXX

Respectfully yours,
XXX

Morning Daniel,
In your first post, you wrote that you started work in March 2014, yet in your letter dated 13th April 2014, you state you hope to start working soon...

As you applied for benefits in December 2013, within a few weeks of your arrival, it appears that you intended to rely on UK State Benefits to support your move to the UK.

I'm unsure what, if anything, you can do now to appeal the decision that you failed the HRT and I would suggest that you need to 'move on' and stop wasting energy fighting the decision.

evenasus

bigadaj wrote: »

Most interesting was the OPs quote about not feeling entitled to claim benefits in Germany as he'd never spent any time there, again a sound bite that would be manna to ukip.

So if not German, what nationality is he? What is his home country?