Father has failed the Habitual residence test twice.

bflare

Lanzarote1938 wrote: »

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.

He has applied to various associations. Because his mobility will only get worse he is looking at sheltered housing of some sort.

bflare

TELLIT01 wrote: »

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.

Yeah this is what we would like, just a rough idea because as you say there's no point reapplying all the time just to get rejected.

bflare

TELLIT01 wrote: »

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.

The HRT is the main obstacle. We cannot do anything until he passes the HR. I think this will just go on until the 3 month mark which is fine as we are not struggling & he is living with me etc but it would be nice to have some idea of how long this may take instead of a standard letter they keep sending giving no real information or time scale.

pmlindyloo

What information have you already sent to prove that he intends to make the UK his permanent residence?

This may help us suggest further evidence that you can send with his next application for UC.

xylophone

You mention that there is pension income due to your father at age 65.

Is it possible for him to claim early payment of the pension(s) on grounds of ill health?

bflare

pmlindyloo wrote: »

What information have you already sent to prove that he intends to make the UK his permanent residence?

This may help us suggest further evidence that you can send with his next application for UC.

The first interview was only after a few days of him been back in the UK but we did what the Welfare Rights officer told us to do. At that point he had very little proof & he said the interview only took a matter of minutes which we did expect & we did expect him to get refused HR. The second interview he said went well & took much longer. They photo copied all the proof which was the following all in my UK address:


Doctors letter
Driving license
Bank statement
Letter from the government in Italy saying that he had cut all ties with the country.


I have just spoke with my father & he has phoned them up today & they said that there is a note on his file saying that an extra month would be enough so at least we have some solid confirmation now.

TELLIT01

Good to hear that you at least have some sort of timescale to work to now.

bflare

TELLIT01 wrote: »

Good to hear that you at least have some sort of timescale to work to now.

Yeah thats all we were looking for so thanks to everyone for their help & advice on this its much appreciated.

poppy10_2

Remember he shouldn't be using the NHS without declaring he is a non-resident and therefore not entitled to free care

bflare

poppy10 wrote: »

Remember he shouldn't be using the NHS without declaring he is a non-resident and therefore not entitled to free care

My Father may not have passed the HR but he is classed as 'Ordinary Resident' & from what I understand but please correct me if I am wrong NHS treatment is offered to a UK citizen who has 'ordinary residence'. From the NHS website


https://www.datadictionary.nhs.uk/data_dictionary/nhs_business_definitions/o/ordinarily_resident_de.asp?shownav=1


Ordinarily Resident is a term applied to a PERSON.
An Ordinarily Resident is a PERSON who is Ordinarily Resident in the United Kingdom and cannot be charged for NHS hospital healthcare.
Note: The gov.uk website advises that; “Ordinary Residence means, broadly, living in the UK on a lawful, voluntary and properly settled basis for the time being. A PERSON who is not Ordinarily Resident in this country at the time of treatment is not automatically entitled to NHS hospital treatment free of charge. A PERSON who is Ordinarily Resident is not subjected to this charging regime."


Also from the NHS factsheet


https://www.nhs.uk/NHSEngland/AboutNHSservices/doctors/Documents/Using-the-NHS-Information-for-visitors-from-abroad.pdf



Whilst you can register with this GP practice as an NHS patient and see the GP without charge, you should be aware that not every person is entitled to all their NHS care free of charge in England.




Generally, NHS care is free for those:


ordinarily resident in the UK;



Ordinarily resident
[FONT=Calibri,Calibri][FONT=Calibri,Calibri]Ordinarily resident means, broadly speaking, living in the UK on a lawful and properly settled basis for the time being. You will be asked to prove this. [/FONT][/FONT]



From the Age UK fact sheet dated December 2018:



Doctors, dentists and hospital treatment


In the UK, NHS emergency care and primary care (delivered by GPs,


dentists, pharmacists, optometrist, 111 telephone helpline and NHS


Direct Wales) is free for all. The UK has a residency based system for


secondary care.


This means provision of free NHS non-emergency hospital treatment is


based on being ‘ordinarily resident’ in the UK, not on your nationality,


payment of UK taxes or national insurance contributions, owning a


property, being registered with a GP or having an NHS number.


If you are a British citizen, you have automatic right of abode in the UK. If


you have been living abroad, you pass the ordinarily residence test on


resuming settled residence here and are immediately entitled to free


NHS non-emergency hospital care.


If you take regular prescription medication, bring sufficient supplies to


last until you can register with a GP in the UK. It is helpful to bring a copy


of your current medical records (translated as necessary) with you. If that


is not possible, your doctor abroad may be willing to prepare a summary


including key facts about your medical history, e.g. significant surgery,


current medical conditions and medication, and allergies/adverse


reactions to medicines or procedures such as fitting a pacemaker.


If you are a British citizen who resides solely overseas and are visiting


the UK, you may be charged for non-emergency hospital treatment


unless you have a registered S1 (see below) in another EEA country. If


visiting from a non-EEA country that has a reciprocal healthcare


agreement with the UK, you may be covered for some non- emergency


hospital treatment. If it does not, you can be charged.