British national working abroad now returning to UK benefits?

cheekyfunkster

Hi there

I have a question relating to the whole process of having work experience in another EU member state recognised and how it impact application for benefits in the UK. Here is my story - any input , helpful or constructive comments welcome, thanks in advance. Please read and see my 3 specific questions after the context of the story.

- I am a British national (graduate) with more than 14 years national insurance contributions having worked in the UK

- I moved to Germany in April this year due to personal reasons and started working full-time for a German start-up on 15.06, unfortunately I was re-structured during my probation time (in Germany this is 6 months) and terminated 31.08.

- I went to the equivalent of the German job centre and was told that unemploment benefit (Arbeitslosengeld 1 and 2) works differently and that having not been employed in Germany for a year I could not have a claim to German Arbeitslosengeld 1.I argued that surely as a EU citizen having worked and had proof of providing contributions into another member state should be taken into account and so was told to fill in a special form PDU1 but that it "might take some time". So did that. This was on 02.09. I knew I had my flat lease until the end of October.

- I also submitted a claim for Arbeitslosengeld 2 which is effectivrly a type of benefot that looks at your living circumstances like housing benefit. They have been asking me repetedly now three times for additional information before they can process my claim (i think in essene they are stalling as they seem to have "misplaced" the original info, perhaps they feel if I am "pushed" sufficiently I will just gice up....)

- I was told that If i move city or re-go back to the UK my application for any kind of support in Germany ceaes upon my legal exit from the country and official de-registration. I get that, fair enough. I was told that if eg I move from Berlin where I am at the moment to another city my claim starts again ie it is not backdated from the time of my unemployment 01.09.....which seems very unfair but hey ho different country different rules.....So since my flat comes to an end and I dont have enough money in my account to get a new one (you have to ay depost etc and wihout being able to pay upfront 3m its tricky) if I come abck to the UK if my time in Germany both working and job hunting will be recognised or if for some bizarre reason they will say you applied for Arbeitslosengeld2 in Germany so the whole thing has to start over again (this would just about kill me since I have spent the equivalent of nearly 2 days in time dealing with German authorities and enough paperwork to plant a whole forest)

so my questions are:

1) if i return to the UK end of this month and go to my local job centre will the time I worked in Germany be counted in my application of contributions or estimation for JSA?

2)Will my claim be from the time I walk into the local UK job centre OR will it be from the time that I was made unemployed in another country ie 01.09 in Germany?

3) Will i get some sort of backdated claim from the UK for the time I have legitimately spent looking for a job and used up all my savings due to the inefficiency of German bureaucracy taking so long to assess and process my complete application?

4) if my claim has been accepted and simply waiting in the system here to be processed in Germany albeit at last minute (i talked to someone who told me HMRC had sent the German authorities the necessary proof to show equivalence but that it was waiting to be processed by human in another department.....) by returning to the UK what would happen to my claim? Do i have to re-submit new forms in the UK and if so is the time I have lost trying to tackle the German system going to count at all or have I just lost most of my savings? I am not clear if i leave Germany if my one claim for AG1 is still valid as its going through the UK or if that can be backdated here, in which case I will delay my flight for 1 week or if I go in the UK if I will oncemore have to wait ages to get anything as they have to check with German authorities etc in which case i might as well just shoot myself now.....

Any ideas on:

1) how to get Eu experience and contributions recognised?
2) how long it would take if i have to start a new claim in UK and they have to ask the German authorities for papers etc
3) can i transfer a nearly processed claim in Germany or does the date from which i commence my claim or application in the UK mean the date from which i phone job centre or can it be backdated from the time i lost my job here?

THANKS IN ADVANCE!

merlin68

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

Caz3121

you will first need to pass the habitual residence test before qualifying for any benefits
https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/british-and-irish-citizens-claiming-benefits/

pmlindyloo

Since it seems the OP only went to work in Germany in April this year then I think that they would be claiming contribution based JSA (based on the previous two tax years) which is not subject to the Habitual Residence Test.

Having read this

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/446055/dmgch0703.pdf

I am still not sure whether you would need to meet the HRT if you wished to claim any other means tested benefits such as HB.

It is difficult to comment on the other questions about whether contribution based JSA would be backdated to when you lost your job and/or whether you should hang around to get paid in Germany.

So, much depends on how long the authorities in Germany will take to process your claim. if you have the means to stay in Germany and it isn't too long then that might be the best option.

At least that way there would be no faffing about when you came back to the UK as you would be making a claim for contribution based JSA based on when you were working here.

Have you family/friends you can stay with when you return in case it takes a while to sort things out? Have you applied for any jobs in the UK?

Looking at the link it seems that it may be complicated so you need a back up plan. Once in the UK, CAB (chooses one with a benefits specialist) could help if you have any problems.

Logically your claim for contribution based JSA should be straightforward. For income based benefits it could get more complicated.

cheekyfunkster

Thanks for the info everyone having had a look at the links above it wold seem sie my whole family live in the UK and I have lived there for the last 5 years I have the right to reside and I agree I am not clear if I would satisfy the HRT test having been out of the UK since April working in another EEA state assume this may mean issue for income based benefits does this mean housing benefit or jsa?
is jsa also contribution based and if the latter can that take into account my time in Germany?

HappyMJ

cheekyfunkster wrote: »

Thanks for the info everyone having had a look at the links above it wold seem sie my whole family live in the UK and I have lived there for the last 5 years I have the right to reside and I agree I am not clear if I would satisfy the HRT test having been out of the UK since April working in another EEA state assume this may mean issue for income based benefits does this mean housing benefit or jsa?
is jsa also contribution based and if the latter can that take into account my time in Germany?

Contribution based only takes into account your time in the UK and if you have made enough contributions in the relevant years. i.e tax year 12-13 and 13-14. Tax year 14-15 counts in calendar year 2016.