Universal Credit Eligibility

gprit

I am resident in France, but am eligible to claim Child Tax Credits as I am in receipt of a state pension. Our son is nearly six and we have another child due in January.

Now my question is whether "am eligible to claim Child Tax Credits while resident in France as I am in receipt of a state pension." will continue after UC is rolled out. If it is not, then I will be over £5000 a year worse off, which given promises about 'not being worse off' seems absurd. I do not claim any other benefit except Child Benefit.

No one at the DWP /UC helpline seems to have the answer. I have asked my ex-MP to pursue this but DWP say it is Hand Universal credit departments are playing 'pass the parcel'.

Can anyone clarify?

[Deleted User]

You must be resident in the uk to get universal credit.

Alice_Holt

https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/the-habitual-residence-test-an-introduction/what-is-the-habitual-residence-test-EWSNI/

As Shel_ has said you will be deemed not habitually resident - so would fail that UC test

and

https://www.entitledto.co.uk/help/age

"Universal Credit
Universal Credit is payable to people who are of working age. "

As you are drawing a state pension - this would also prevent your eligibility for UC.

I'm puzzled why the DWP haven't given you this information. If you aren't eligible for UC, then transitional protection will not apply.
You may want to lobby your MP about this, and get more clarification about the possibility of remaining on Tax Credits.

And, of course, this is before Brexit!
There is very little clarity on how that would affect matters, indeed May seemed unable to confirm in the House of Commons today if people who get state pensions but live in EU countries will get them uprated annually after Brexit, and after the transition, as if they were living in the UK.

huckster

You mention "our" son, so you have a partner of working age and if so, you should be registered with the French Government, so that they can assess your entitlement to any help from French Government, once any UK entitlement ends.

If you were in the UK, with a partner of working age, you could claim UC as a couple ( if you partner is eligible for UK benefits) , but your pension would be considered as income, so subject to deduction from UC award.

As has been said, UC prevents you from claiming as you are outside the UK, so you should continue with any existing benefit types subject to their rules. Contacting your ex MP, should hopefully lead to a full UK Government response, so you know where you stand.

gprit

Thanks for the replies.
I know that if one lives abroad, that country is normally deemed to be your habitual residency. I also read that UC is payable to 'people of working age'.

The thing is those conditions also apply to CTC...BUT I am still eligible to claim that (even though living n France) ibecause I am in receipt of state pension. So can choose where to claim benefits.

We are registered with French system, but CTC is far more beneficial (would add that I paid full contributions to the UK system for almost 50 years...),

Not sure if I can refuse to move to UC(?) My understanding is that it may happen when a change of circumstances (notifying birth of child in January??) and anyway by 2022/3.

Given the original government stance that no-one should (would?) be worse off....then 'some' people will be, that we would be over £5000 pa worse off seems wrong to say the least.

I continue to lobby my ex-MP, but as I said, the two areas (CTC / UC) keep passing the parcel. Because it is probably unusual for someone receiving a state pension whilst living abroad to also be claiming for children, it may be entirely, feasible no-one thought of that situation in UC!

OhWow

If you are living in France then under EU rules, you have access to French benefits. It is nothing to do with when benefits from your own country end. That's how the French are able to claim benefits like Tax Credits from the UK instead of France paying benefits for their citizens in the UK.


If you are an EU citizen worker "qualified person"; that only has to be a few hours a week; then you are allowed to have French benefits and access the French healthcare system, as French citizens can. Your work could be self employment. Under EU rules, your non-EEA citizen wife must also be given everything you can from France.


If you have been in France for 5 years following EU rules, then you automatically have the EU's "Permanent Residence", as does your wife and child if they have been there 5 years too. Permanent Residence means you no longer have to be a "qualified person" in France and you must be given everything that a French citizen can have.


5 years to that PR can be a mix of being an EU "qualifed person". e.g. you could use time as a worker, jobseeker, self sufficient (that includes retired), student.

gprit wrote: »

We are registered with French system, but CTC is far more beneficial

It was announced in Parliament that the changes the UK were bringing in would mean that the UK would no longer be giving the most benefit money for children, and that meant that France, Germany and Sweden would be giving more than the UK.



There are plenty of forums where EEA citizens (you are an EEA citizen) are able to find what they must be given by that EEA country. Look for an EEA citizens to France forum and see what benefits you can claim from France for your child/ren, your wife and yourself.

huckster

What is your wife/partners position ?

Do they claim UK and/or French benefits ?

Given Brexit, I should imagine any Government or Civil Servant response is going to subject to many caveats.

OhWow

huckster wrote: »

Given Brexit, I should imagine any Government or Civil Servant response is going to subject to many caveats.

If they automatically have the EU's "Permanent Residence" in France, they will be able to apply for French citzenship, which ends any Brexit worries. It's what millions in the UK using the EU's Free Movement are doing/have done, by applying for British citizenship.

gprit

My wife is Thai - she does not work here in France (although of working age) as she looks after our son (she also has a Frnch Residents card). We have been here since 2014 and are registered for tax and health purposes.

We know the benefits that could be claimed in France, but CTC is far and away more beneficial - and as I say we are entitled to claim this currently. We do not claim any other benefit from UK or here in France.

Appreciate Brexit is as yet unknown, but I am pretty sure the status quo will apply he end.

[Deleted User]

gprit wrote: »

My wife is Thai - she does not work here in France (although of working age) as she looks after our son (she also has a Frnch Residents card). We have been here since 2014 and are registered for tax and health purposes.

We know the benefits that could be claimed in France, but CTC is far and away more beneficial - and as I say we are entitled to claim this currently. We do not claim any other benefit from UK or here in France.

Appreciate Brexit is as yet unknown, but I am pretty sure the status quo will apply he end.

No you can't refuse to be moved to UC. If you have a change in circumstances or part of managed migration you will have your TC claim stopped.