Father has failed the Habitual residence test twice.

TELLIT01

After an extended period living outside the UK he will have to live here for 3 months before there is any chance of passing the HRT. There may be situations where the period is reduced but they will be few and far between.

bflare

TELLIT01 wrote: »

After an extended period living outside the UK he will have to live here for 3 months before there is any chance of passing the HRT. There may be situations where the period is reduced but they will be few and far between.

From the following website:
https://www.entitledto.co.uk/help/Habitual_Residence_Test

Habitual residence is not actually defined clearly in regulations, but has been established mainly through case law. In general a person would need to demonstrate the following regarding their current residence in the United Kingdom.

Appropriate period of time’ – this is not defined, but is generally between 1 and 3 months

The welfare rights confirmed that 3 months is generally the maximum time limit .

bflare

neontetra wrote: »

Maybe father should go back to Italy for benefits, he liked it enough to move there.

My dad has a medical condition called Ehlers Danlos Syndrome which can reduce your life expectancy and in some cases result in rupture of internal organs. He worked up until 55 and wanted to enjoy the rest of his life abroad which he was entitled to do. Because of his health deteriorating and needing specialist help he had no other option then to come back to England which he is entitled to do.

So I suggest you keep your unhelpful comments to yourself until you have the full facts. Really gets to me people like you who assume you know it all and talk from your massive over inflated ego because you happen to be in a better position than other people.

Happy New Year!

TELLIT01

Ignore the troll in post #14.

Dullville

TELLIT01 wrote: »

Ignore the troll in post #14.

Why are they a troll?
Ref post #14, everyone’s entitled to there opinion.

bflare

Dullville wrote: »

Why are they a troll?
Ref post #14, everyone’s entitled to there opinion.

Yes everyone is but that was clearly an attempt to get a reaction. Forums like this are supposed to be for help with constructive criticism. Suggesting that my father go back to Italy to claim benefits when he's back home due to Ill health is not constructive.

This is difficult for me as it is. I've had to move home and take on extras bills due to this plus arrange all his meetings and appointments while struggling over Christmas so I don't appreciate unhelpful remarks like post 14.

Dullville

bflare wrote: »

Yes everyone is but that was clearly an attempt to get a reaction. Forums like this are supposed to be for help with constructive criticism. Suggesting that my father go back to Italy to claim benefits when he's back home due to Ill health is not constructive.

This is difficult for me as it is. I've had to move home and take on extras bills due to this plus arrange all his meetings and appointments while struggling over Christmas so I don't appreciate unhelpful remarks like post 14.

Think maybe your being a bit sensitive ref the comments, this is a public forum so people react and comment differently.
Some people me including will have empathy with you ref your dad, however I can see why some people will think your just trying to maximise his benefit and housing situation now he’s back from being out of the country for the past few years.
I just read your 3 page thread from 3 months ago and I can see why some people are thinking the latter.

Pollycat

Dullville wrote: »

Why are they a troll?
Ref post #14, everyone’s entitled to there opinion.

Dullville wrote: »

Think maybe your being a bit sensitive ref the comments, this is a public forum so people react and comment differently.
Some people me including will have empathy with you ref your dad, however I can see why some people will think your just trying to maximise his benefit and housing situation now he’s back from being out of the country for the past few years.
I just read your 3 page thread from 3 months ago and I can see why some people are thinking the latter.

Regardless of what you think, this is what MSE say about this specific board:

Hi folks,

We wanted to draw your attention back to this notice by Martin, and this post that he made over the weekend:

http://forums.moneysavingexpert.com/showpost.html?p=35247283&postcount=16

The benefits board has been consuming a disproportionate amount of the forum team's time over the past few months, and it is vital everyone who psots here reads these notices.

The key point is this: "Want to discuss the benefits system? Go to the discussion board". This board is for helping people get what they are entitled to.

So, these general rules will continue to apply, and the forum team will be taking action against any breaches of these over the next few weeks...

IN THE BENEFITS BOARD

This board is for people to work out what they are entitled to, and we hope other forummers will continue to provide invaluable help in this.

However, anyone disrupting threads in this board with their views on the benefits system, making impolite comments about benefits claimaints, or taking part in arguments (whether or not you started them) will have action taken against them

If you spot a thread promoting benefit fraud, please report it to abuse.

IN DISCUSSION TIME

As long as opinions on the benefits system are expressed politely, and refrain from personal comments, then debate is totally allowed within Discussion Time.

Please do not take part in bad-tempered arguments in Discussion Time, and accept that everyone is entitled to their views. If you do not feel you can participate in debates in that board without becoming offended or argumentative, please refrain from posting in those discussions.

Obviously, posts which break the forum rules should still be reported to abuse and you should NOT engage in discussion about the rule-breaking. The forum team are obliged to read through the whole of any discussion so that they can make a fair decision, and hundreds of argumentative posts massively increases the reaction time.

Thanks for your cooperation.

Dan

Note the part in bold and in particular in red.


Yes, it is a public forum but the comments in post #14 are against this board's rules.

[Deleted User]

TELLIT01 wrote: »

Ignore the troll in post #14.

I don't see why they are trolling. He's probably more entitled to benefits there than here given that's where he was resident and paying taxes.

bflare

_shel wrote: »

I don't see why they are trolling. He's probably more entitled to benefits there than here given that's where he was resident and paying taxes.

Does post 14 sound like it is helpful advice or sarcasm?

neontetra wrote: »

Maybe father should go back to Italy for benefits, he liked it enough to move there.

My father worked from the age of 16 to 55 & paid national insurance. He had some savings & decided to move abroad for what he planned on would be for ever. Unfortunately due to his health problems he has had to come back home. He had no family over there to help him with his mobility. He struggles to walk more than a few metres without his hips giving way. This is all due to an hereditary medical condition which I have & so does my son.


I have had to move into an adapted bungalow to assist him. I cannot financially support him forever.


As I said previously he has paid NI for 39 years & NI is to help with unemployment or sickness so as much as people think that my dad is trying to freeload the county he is entitled to help.


He is also applying for PIP which will now take 2 years.


I am a little upset that I am having to justify myself to people when all I wanted was some advice. People appear to be more interested in trying to label my father as some kind of benefit fraud instead of helping.