Father has failed the Habitual residence test twice.

TELLIT01

[QUOTE=bflare;75255606
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.[/QUOTE]


Have you and your father tried speaking to anybody at DWP in order to find out if there is anything else you might be able to provide to support his claim? Have you been given any indication of how long he will have to be in the country before his application is likely to succeed?

bflare

TELLIT01 wrote: »

Have you and your father tried speaking to anybody at DWP in order to find out if there is anything else you might be able to provide to support his claim? Have you been given any indication of how long he will have to be in the country before his application is likely to succeed?

My father tried phoning them today but it went straight to an answer phone saying that they were only dealing with urgent cases.


We have been given no time frame apart from what it said on the email which said "appreciable time".

Lanzarote1938

bflare wrote: »

My father tried phoning them today but it went straight to an answer phone saying that they were only dealing with urgent cases.


We have been given no time frame apart from what it said on the email which said "appreciable time".

Which benefits does he plan to claim?

tomtom256

As previously stated, he just needs to reapply 3 months after he reentered the country. In this time he should have registered at Doctor, dentists etc. sorted out any bank accounts he may need if not already done and will then pass the HRT.


Not really sure why you have ignored everyone telling you this.

bflare

Lanzarote1938 wrote: »

Which benefits does he plan to claim?

We are now in a universal credit area so it would be the equivalent to the old ESA as he is unable to work & has a sick note awaiting an appointment with a Rheumatologist.



This is what a gentleman at the Welfare Rights said:


"The 3 month rule does apply to jobseekers allowance but if you dad is not well he should be claiming Employment and Support Allowance which can be claimed sooner but will be subject to the habitual residence test described above."

calcotti

bflare wrote: »

We are now in a universal credit area so it would be the equivalent to the old ESA as he is unable to work & has a sick note awaiting an appointment with a Rheumatologist.

This is what a gentleman at the Welfare Rights said:

"The 3 month rule does apply to jobseekers allowance but if you dad is not well he should be claiming Employment and Support Allowance which can be claimed sooner but will be subject to the habitual residence test described above."

He cannot claim ESA, he will have to claim UC. You may have understood this but it’s not entireLy clear from your wording.

bflare

calcotti wrote: »

He cannot claim ESA, he will have to claim UC. You may have understood this but it’s not entireLy clear from your wording.

Yeah sorry if I have confused anyone. He has made a claim for UC & they did give him a date which he would receive it if he passed the HR but he failed again.

Lanzarote1938

bflare wrote: »

Yeah sorry if I have confused anyone. He has made a claim for UC & they did give him a date which he would receive it if he passed the HR but he failed again.

Have you started the Housing Association process? This can take a long time before he is accepted onto the list. He will need a tenancy agreement before he can claim housing costs.

TELLIT01

bflare wrote: »

My father tried phoning them today but it went straight to an answer phone saying that they were only dealing with urgent cases.


We have been given no time frame apart from what it said on the email which said "appreciable time".

I imagine the phone lines have gone nuts with the number of people on here reporting unusual payment amounts from general benefits. I'd leave it until the start of next week and try again. You and your father need some guidance at least on what an "appreciable time" means. There is no point in firing off a new application every week if the same rejection is going to happen, but at the same time he obviously needs to claim as soon as there is likely to be a successful outcome.

TELLIT01

bflare wrote: »

This is what a gentleman at the Welfare Rights said:


"The 3 month rule does apply to jobseekers allowance but if you dad is not well he should be claiming Employment and Support Allowance which can be claimed sooner but will be subject to the habitual residence test described above."

As the Welfare Rights person said, rules around qualifying period to claim sickness benefits differ from those for job seekers, however the underlying rules on the HRT aspect will be broadly the same.