Father has failed the Habitual residence test twice.

bflare

elsien wrote: »

Oh for goodness sake, will the holier than thou brigade get over yourselves, stop baiting the OP and take it to DT.
No one is trying to fleece the sodding system.
A British citizen has returned home which he is perfectly entitled to do and is living off his savings while he accesses the benefits to which he will be legally entitled. All they are doing is double checking when that will be - after all the DWP isn't exactly noted for correct decision making at the best of times.
If my disabled parent was returning to her country of birth where she had paid taxes and built up NI Contributions throughout her working life, and to be nearer to her family when she most needed to, I'd be asking exactly the same questions as the OP. And I'd put money on it most of you would too. It's why we have the welfare state in the first place. So he made some poor decisions. So do we all at times. He's not made himself destitute on purpose.

And the OP has been a heck of a sight politer than I would have been.
Completely unneccessary.

Thank you so much for your empathy, compation the ability to put yourself in our situation! We are not trying to fleece the system or scrounge benefits. My Father worked all his life and only once claimed benefits for a short while when he was made redundant years back. He's always been an hard working man and if he could work now he would. Yes he has made some poor decisions but not intentionally. All we are asking for is a little help.

Its not just my father who needs the help it's me too. I've had to make a lot of big changes which I didn't really want to do and it's affecting me not just mentally but financially.

That what I find upsetting. People are more bothered about scoring points then understanding that I'm struggling here and I assumed these forums were here to help and not make me feel worse.

I've worked since I was 16 and never claimed benefits just in case people are wondering or think we are some kind of benefit cheat family.

Thank you again your kind words are appreciated

tomtom256

bflare wrote: »

Thank you so much for your empathy, compation the ability to put yourself in our situation! We are not trying to fleece the system or scrounge benefits. My Father worked all his life and only once claimed benefits for a short while when he was made redundant years back. He's always been an hard working man and if he could work now he would. Yes he has made some poor decisions but not intentionally. All we are asking for is a little help.

Its not just my father who needs the help it's me too. I've had to make a lot of big changes which I didn't really want to do and it's affecting me not just mentally but financially.

That what I find upsetting. People are more bothered about scoring points then understanding that I'm struggling here and I assumed these forums were here to help and not make me feel worse.

I've worked since I was 16 and never claimed benefits just in case people are wondering or think we are some kind of benefit cheat family.

Thank you again your kind words are appreciated

As you have been told time and time again, wait for 3 months from when he re-entered the UK and then re-apply for UC and he will pass the HRT, problem solved and benefit awarded.

OhWow

bflare wrote: »

That what I find upsetting. People are more bothered about scoring points then understanding that I'm struggling here and I assumed these forums were here to help and not make me feel worse.

We keep telling you, ignore those people.

The majority on here are helping you and they are the best people to advise about benefit rules.

Your British citizen father can use the NHS bill free from day one because he has returned to the UK to reside again. The Immigration Act 2014 is quite clear about that.

bflare

tomtom256 wrote: »

As you have been told time and time again, wait for 3 months from when he re-entered the UK and then re-apply for UC and he will pass the HRT, problem solved and benefit awarded.

In my post number 59 page 3 I said that we had now been given a time frame but certain people thought it would be a good idea to start challenging me and mentioning the NHS. As i said in my original post i was wondering if we had enough proof. Anyway, we now have the answer we need.

OhWow

You might want to do as NeilCr suggested too and visit the CAB to see if there is any way of avoiding the wait for 2 years for PIP, as your father is a British citizen who worked in the UK for decades before retiring to Italy.

seven-day-weekend

poppy10 wrote: »

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

When we returned from eight years in Spain we were told (by the NHS) that we could use the NHS straight away.

pmduk

seven-day-weekend wrote: »

When we returned from eight years in Spain we were told (by the NHS) that we could use the NHS straight away.

We've already established that statement as wrong, but thanks.

GlasweJen

You won't be able to get around the 2 year wait for PIP but your father is entitled to claim the Italian equivalent.

NeilCr

GlasweJen wrote: »

You won't be able to get around the 2 year wait for PIP but your father is entitled to claim the Italian equivalent.

Can I ask why?

Genuine question as on the face of it OP's father might be able to apply for PIP earlier in the light of the information on the CAB page. I am not aware of our office ever seeing anyone with this particular situation (applying for PIP on return from abroad) so have no relevant experience to rely on.

OhWow

seven-day-weekend wrote: »

When we returned from eight years in Spain we were told (by the NHS) that we could use the NHS straight away.

pmduk wrote: »

We've already established that statement as wrong, but thanks.

Their statement is correct, not wrong. A British citizen who resides in the UK, has always been able to use their own health service bill free Their "British citizen" nationality allows these to live in the UK and use the NHS bill free from the day they return to the UK to live. *



The Immigration Act 2014 has continued with that rule as that part of the law was brought in "to return the NHS to the national health service it is meant to be and not the world health service it has become". That was agreed by parliament and the lords, otherwise it would not have been made a law. Others that are still able to use the NHS bill free since 6 April 2015 under the present rules, are on some sort of agreement, exemption.



*There are 6 types of British nationality, but only a "British citizen" can reside in the UK, use the NHS bill free when they reside, work, have UK benefits, rent. Their British passport states what type of nationality they have.

https://www.gov.uk/types-of-british-nationality