Father has failed the Habitual residence test twice.

bflare

Dullville wrote: »

Think maybe your being a bit sensitive

Are you dismissing my feelings? If I feel upset about certain comments I have every right to show this without been emotionally invalidated.

poppy12345

bflare wrote: »

Are you dismissing my feelings? If I feel upset about certain comments I have every right to show this without been emotionally invalidated.

When posting on a public forum you'll always get some people that will make comments you don't like. Best thing to do is move on and ignore those comments. Don't give them any reasons to come back and comment any further than they already have.

[Deleted User]

bflare wrote: »

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





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.

Sorry for his predicament but tax and NI is not a savings bank where you can draw out what you put in at will.

There are qualifying years required for some and qualifying residence for others just as there probably is in Europe inc Italy

bflare

_shel wrote: »

Sorry for his predicament but tax and NI is not a savings bank where you can draw out what you put in at will.

There are qualifying years required for some and qualifying residence for others just as there probably is in Europe inc Italy

Is my Father not entitled to help from our government then? I notice you have experience of PIP? I assumed you would be more understanding. My father has a disability called Ehlers Danlos Syndrome which is progressive & it is now effecting his mobility.

poppy12345

bflare wrote: »

Is my Father not entitled to help from our government then? I notice you have experience of PIP? I assumed you would be more understanding. My father has a disability called Ehlers Danlos Syndrome which is progressive & it is now effecting his mobility.

He won't be able to claim PIP until he's lived in the UK for 2 years. See page 6 part 3.3 of this link.
https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs25_returning_from_abroad_fcs.pdf

[Deleted User]

bflare wrote: »

Is my Father not entitled to help from our government then? I notice you have experience of PIP? I assumed you would be more understanding. My father has a disability called Ehlers Danlos Syndrome which is progressive & it is now effecting his mobility.

I am understanding but also believe we should claim where we live not move because we think we'll better our situation. He could've claimed the equivalent in Italy given he made his life there.

NeilCr

poppy12345 wrote: »

He won't be able to claim PIP until he's lived in the UK for 2 years. See page 6 part 3.3 of this link.
https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs25_returning_from_abroad_fcs.pdf

There are exceptions.

IIRC this has been discussed with the OP before

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/check-you-are-eligible/#h--a-name-if_not_in_country_for_2_years-a-if-you-ve-not-lived-in-the-country-for-2-years

ETA yes

https://forums.moneysavingexpert.com/discussion/5913573/pip-2-year-rule

Hopefully this has been/will be raised with the welfare rights support.

OP

I - as usual - agree with poppy. Ignore the adverse comments. They'll likely upset you but won't bother the person who made them

TELLIT01

bflare wrote: »

Is my Father not entitled to help from our government then? I notice you have experience of PIP? I assumed you would be more understanding. My father has a disability called Ehlers Danlos Syndrome which is progressive & it is now effecting his mobility.

Not automatically simply because he paid into the system for many years. The fact that he lived abroad for a number of years immediately prior to claiming is the main stumbling block. He has to prove that the UK is his main residence and that he hasn't simply returned in order to claim benefits.
Many people believe that the system is unfair, but we are not discussing fairness, we are looking at how the system actually operates. Hopefully it will eventually be sorted in his favour.

bflare

_shel wrote: »

I am understanding but also believe we should claim where we live not move because we think we'll better our situation. He could've claimed the equivalent in Italy given he made his life there.

He did not move back to his own country to better his situation. Do you really think he would have come back to England from Italy if he didn't have to?


He has come back because his mobility is starting to effect his walking & he needs medical attention plus he had no family to help him in Italy.


Has I have said in previous comments he had to have an operation on his pancreas over in Italy & he paid for this. This together with his inability to work due to his mobility issues started affecting his financial situation. He had no other option then to come back to England. He came back with around 3k & at the moment I am supporting him with his housing needs but I cannot do this forever.


We went to see a welfare officer & my Father is a proud man who has worked for 39 years & he told the officer that he could probably work behind a desk. The officer said that this is not advisable due to his condition. He doesn't want to claim benefits but we cannot see any other choice. I have a young son & I cannot support him forever.

bflare

TELLIT01 wrote: »

Not automatically simply because he paid into the system for many years. The fact that he lived abroad for a number of years immediately prior to claiming is the main stumbling block. He has to prove that the UK is his main residence and that he hasn't simply returned in order to claim benefits.
Many people believe that the system is unfair, but we are not discussing fairness, we are looking at how the system actually operates. Hopefully it will eventually be sorted in his favour.

I do agree with the system & I understand the reason it is in place. My father would rather work if he could but his mobility will not allow him to.


The reason for my post was to try & get some advice on why he has been turned down twice because we have supplied numerous documents proving that he is intending to stay in the UK such as driving license, bank account, doctors all in my UK address.