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

Caz3121

In fairness, you were alerted to the fact that you likely would not qualify for benefits initially back in July. Did you factor this in for your plans for coming back to the country.
Did you read up on the HRT before coming back or did you assume that it would not affect you for some reason? - from what you have posted, it was a very high chance you would not pass so you would have known that before you came back.
You could contact shelter or the council re homelessness and obviously getting a job/any job would be a top priority

remembe

Further down the page..

People who cannot be habitually resident (JSA only)

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). But the rule does not strictly apply to any other claims or applications as such (i.e. not to HB/CTR, any other passport benefits or to housing applications).

Caz3121

probably best to go to the council and speak to them. The issue will be that, even if you can get some HB and find somewhere that will accept you (many landlords do not take benefits claimants due to restrictions with mortgage or insurance) you will have no income to pay bills or food. Staying with friends or family has to be the best option until you get a job...should be Xmas jobs around, check Royal Mail, shops etc

RAS

On a very practical note:

Do you have a current CV; you will need a non-standard one that highlights your skills but misses off the absences. Get it out there urgently.

You need work; join every agency and badger them for work, ask around for Christmas jobs etc.

In the short-term are there any food banks near you? If there are any Sikh temples check out when langar is; free communal meals. Take your shoes off at the door and offer to help.

Are you registered to vote anywhere? you need a new basic bank account that does not require a credit check but you will need evidence of residence. Most banks offer one. Make sure it is not allied to your old bank or they can off-set anything you put in against your CC debt.

Your wage will be paid in and you should get a debit card.

Accommodation; you are going to need friends in the very short-term but once you have some money you might be able to get lodgings in someone house; they are less likely to look at credit etc.

seven-day-weekend

Do you have no Bank Account you kept open when you went abroad, signalling an intention to return at some point?

missbiggles1

remembe wrote: »

Further down the page..

People who cannot be habitually resident (JSA only)

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). But the rule does not strictly apply to any other claims or applications as such (i.e. not to HB/CTR, any other passport benefits or to housing applications).

A rule that isn't applied strictly is still a rule.;)

" UK nationals and Irish citizens who have come or returned to the UK after a
period of absence outside the CTA are subject to the same three month waiting
period for JSA(IB) as newly arrived migrants from EEA countries. However, as
they have a right to reside in the UK they are eligible for HB if they can also
demonstrate that they are habitually resident. "

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299052/a6-2014.pdf

RAS

seven-day-weekend wrote: »

Do you have no Bank Account you kept open when you went abroad, signalling an intention to return at some point?

If you read the OP's other thread, the OD is maxed out and there is a credit card is at its limit as well.

So any money put into that account will be used to off-set the existing debts.

It might indicate an intention to return but.........

remembe

Intention to return seems a key element

Poppie68

remembe wrote: »

Intention to return seems a key element

It's not going to mean anything at all for someone with no other ties to the UK and been away for several years.

Have you applied yet, if not you need to do it asap because it can take weeks to come through for an entitled application let alone one they have to see if HR applies as well.

You need to find a landlord first though, and finding one that excepts benefit tenants isn't easy.

missbiggles1

Poppie68 wrote: »

It's not going to mean anything at all for someone with no other ties to the UK and been away for several years.

Have you applied yet, if not you need to do it asap because it can take weeks to come through for an entitled application let alone one they have to see if HR applies as well.

You need to find a landlord first though, and finding one that excepts benefit tenants isn't easy.

And finding one who won't ask for a deposit and references is going to be nigh on impossible.