Failed Habitual Residence Test- Can I still claim Housing Benefit?

thorsoak

Out of interest, with no job, no home, no money and no family - why did you come back here?

sleepless_saver

remembe wrote: »

The second point
"for jobseeker’s allowance claims only, the claimant cannot be habitually resident during their first three months’ residence in the common travel area."
implies that there is no requirement to be habitually resident for 3 months.
Would you agree?

No, it means the opposite. Quote in full:
"For jobseeker’s allowance claims only, a claimant cannot be habitually resident during their first three months' residence in the Common Travel Area (and so is thereby disqualified from JSA). This rule applies regardless of nationality or immigration status (e.g. returning UK nationals and EEA nationals are affected). "

remembe

I dont think so-
"jobseekers allowance only"requirement is definitely 3months residence
and
"jobseekers allowance only" implies "NOT Housing Benefit"

With no job/not allowed to work, no money,or family,or home, abroad, what woud you do?
How would you pay the overstay and new visa/s?, or would you stay until you got banged up and deported? Then you WOULD get benefits!

thorsoak

And how long did you work in the UK before joining the Lotus-eaters?

remembe

I suppose I could have slaved away until my 65th, then see a bit more of the world, if there is anything left.
Not everything goes the way you expect it

missbiggles1

remembe wrote: »

UK citizen, away 6years, dont really have family here, lost touch, noone in a position to help

So, not really your habitual residence then?

Poppie68

You have to have Habitual Resident status to claim housing benefit in the UK, as you have been outside the UK or a Common Travel Area for several years and don't seem to have any qualifying ties left in the UK you wouldn't qualify until you have been in the UK and passed all criteria which means for at least 3 months.
If you have no friends or family to put you up temporarily maybe look for a hostel and or pay a visit to the local housing office for advice.
Coming up to Christmas you may get lucky and get a job even if it's only temporarily.

thorsoak

remembe wrote: »

I suppose I could have slaved away until my 65th, then see a bit more of the world, if there is anything left.
Not everything goes the way you expect it

So have you ever worked - either here in the UK or wherever it was that you lived abroad?

remembe

I don't post here to be judged

NYM

remembe wrote: »

I don't post here to be judged

I don't think anyone does. It's difficult not to criticise when you read of people using the welfare state when they've not contributed to it. Please don't take it too personally.

From everything I've read about 'returning' UK Citizens they have to meet the same conditionality that non-UK citizens have to. This presumably, was to deter benefit tourism and since the State can't discriminate, everyone get's caught in it.

How old are you ?