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

remembe

"It's not going to mean anything at all for someone with no other ties to the UK and been away for several years."
No other ties to anywhere else! And no means to leave the country.
Only ever had a British passport
It looks like the Council here have NO options for someone in my situation.
Nor any money for food

NYM

How old are you? Can you do some bar work?

thorsoak

remembe wrote: »

Intention to return seems a key element

In which case, you would have kept a bank account (in credit) and kept up family connections!

SnooksNJ

NYM wrote: »

How old are you? Can you do some bar work?

Not possible. In an earlier post the OP mentioned they don't want to slave away until they are 65.

NYM

Oh dear, that's a shame...

I wonder what he'll do now then?

:rotfl:

HopeAndDriftWood

remembe 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."
No other ties to anywhere else! And no means to leave the country.
Only ever had a British passport
It looks like the Council here have NO options for someone in my situation.
Nor any money for food

You can't claim that you are resident here because you have no connections to anywhere else. If you argued that to the end of the line, they'd say you are resident in whichever country you've just spent six years in, regardless of whether you are a national of that country.

We have new, much stricter benefit rules, and too little housing for priority groups, so as a single adult, you have next to no chance of getting housed.

You are going to need to find a homeless shelter and soup kitchen for a while, and find a job, even if it's cash-in-hand casual work in a bar. Once you've been working for a few months and you can pass the HRT, you'll be able to apply for JSA and LHA.

You made no provisions to return, you didn't set up housing or find a job, you didn't continue paying NI contributions.

dktreesea

NYM wrote: »

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 ?

If only! It's worse if you are a Brit.

For instance, if you are from the EU and have a non EU partner, you can move here from the EU with your family and claim for them after meeting the habitual residence requirements. If you are a Brit, unless you have lived for at least a year in the EU (so are returning as a European citizen rather than a "British citizen") you have to be able to show sufficient funds to guarantee your spouse will have enough to live on, i.e. you can support them with no recourse to public funds, for 2 years.

dktreesea

This site might be worth a look regarding getting shelter:
http://www.homelessuk.org/details.asp?id=LP386
You may need the council to refer you though.


Not sure what area you are in, but there are a fair few services out there for the homeless. This is for our area:
http://www.eifa.org.uk/information-for-homeless-community/
It may give you a few pointers to what to look for in your own area.


Care vans can be good. Ours is on every night and has free clothing, blankets and food. Maybe try and connect with other homeless people in your area if the council are not willing to help ( they don't have to, so don't be surprised if they don't help you). They'll probably be quite well informed about what services are available in your area and how to access them.

teddysmum

There was a man in similar situation, on a tv programme about homelessness, a couple of years ago. I think he had a business faiure abroad, so came back.


He lived on the streets, with a few hostel stays, for a number of years, despite appearing well educated. I can't remember whether the was one of those who eventually got a home and job.

OhWow

dktreesea wrote: »

If only! It's worse if you are a Brit.
For instance, if you are from the EU and have a non EU partner, you can move here from the EU with your family and claim for them after meeting the habitual residence requirements.

Under Labour they had access to all UK benefits when they arrived but that ended when the Conservatives got in. They have applied the changes to all those in the country before their rule change.

Their rule change for EU jobseekers. No benefits at all from the UK when they arrive. After 3 months the EU citizen can only claim JSA, no housing benefits anymore, no benefits for their children anymore, no sickness benefits. 3 months after that their JSA ends too as does their access to free NHS and they lose the right to remain in the UK. Those already working in the UK and lose their job, just 6 months of benefits and then they all stop, including housing and benefits for their children, no free NHS and no right to remain in the UK as a jobseeker.

dktreesea wrote: »

If you are a Brit, unless you have lived for at least a year in the EU (so are returning as a European citizen rather than a "British citizen") you have to be able to show sufficient funds to guarantee your spouse will have enough to live on, i.e. you can support them with no recourse to public funds, for 2 years.

Not true. They Brit can claim extra Tax Credits for their non-EU spouse. This has now been changed to only claiming extra tax credits if they have children. The requirement to show they can afford to sponsor a foreign spouse to the UK was brought in to reduce the burden on the UK taxpayers. It was set at just over the couple rate for WTC. Those Brits on DLA or PIP, do not have to show they can afford to sponsor a foreign spouse. Brits being able to claim extra benefits for a foreign national they sponsored to the UK, will change again under Universal Credit.

The foreign spouse can live in a house that the Brit claims HB for.

It is now 5 years before the non-EU spouse of a Brit can claim full UK benefits in their own name, not 2 anymore. Too many marriages were ending after 2 years and the non-EU claiming UK benefits. In 2012 they changed it to 5 years for benefits and to have a right to remain in the UK if their marraige failed.

EU citizens have to work or if they don't they have to buy private health insurance for all their family. Their family can only have what their EU citizen can have.

The spouse of a Brit does not have to work but the "overly generous" free use of the UK's NHS as Cameron called it, was ended this year. They now have to pay a health surcharge fee up front towards the NHS with their visa application, or their visa will be refused. If they have outstanding NHS debt of 1k or more, their visa is refused. If their NHS debt is under 1k, their visa can be delayed. If they lie on their application about NHS debt, they can be banned for 10 years.

For those on a visa as a fiance of a Brit, they now have to pay in full each time they use the NHS and get 50% added to to their bill if they don't have health insurance.

When it comes to citizenship everyone has the same rules: must be of Good Character (strict new rules for this), must prove they can speak, read and write in English to a set level, must pass the life in the UK test, must pay the nearly 1k fee etc.