Help with my situation, not eligible for any benefits.

Alice_Holt

valencia19 wrote: »

I understand that if we would make a claim for UC together, my part wouldn’t count as I don’t have any rights here. But surely if he would make this claim and he has a 4 month old baby living with him they could help?

Put the details into a benefits calculator as I suggested in the previous post to give an indication if any UC is payable. I would hazard a guess that none would be payable atm, but in a situation where you had housing and child care costs some UC may well be due.

I have contacted citizen advice and they never rang me back. I am also a little confused as to how it works, which one do I belong to - can I go to any of them or the one nearest to where I live?

Citizens Advice offices are incredibly busy (and staffed in the main by volunteers), you will need to be politely persistent. Remember it is a free service you are getting from a charity.
You need the advice, so you ring them back or better still visit for an appointment. Take with you a chronology of your time in the UK and income / savings details. Expect to need a further appointment as your case is unusual.

You need to go to your local Cit A office, look on their website for details of opening times, etc.
Put your post code in here:
https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/#h-find-your-nearest-citizens-advice

pliusas

cant say about benefits, but just want to advise because "you dont get a single penny". Register to RwdWigWam agency online - 90% jobs you can do with your child (check prices at supermatket and so on). Download apps like roamler and similar. At least check "boost your income" for surveys sites. When I was on maternity with my baby, I easy could do min £20 with surveys or mystery shopping. I know its not a regular income, bet at least something.

parkrunner

valencia19 wrote: »

His parents are old, they can look after her an hour here and there but unfortunately not more, I have been down that route too. My options are quite slim, I am an accountant and have been looking for weekend work as that is when my partner is at home but there is no accountant roles open during the weekends.

When in need of money you should widen your job search. You don't have to just do acountancy work. Once settled you can then start to look into that line of work.

OhWow

kingfisherblue wrote: »

Another option is to take on some freelance bookkeeping work, if you are allowed to register as self employed.

An EEA citizen is allowed to register as self employed, to then have an EU right to reside in another EEA country. It's in the link I put post 13.


They would still need to show that their work is "genuine and effective" to be a worker, in this case, a "Self Employed qualified person".

OhWow

valencia19 wrote: »

Hi,

We are not receiving any benefits as such, apart from child benefit.

I was trying to claim universal Credit when I got told I wasn’t eligible. They said my status is the one of “job seeker” rather than settled hence why I’m not entitled to any financial support during my time off to care for child and also no housing support.

How are you able to claim Child Benefit from the UK if you don't have a right to reside in the UK, because you are not exercising treaty rights (being a "qualified person")?


A EEA citizen "jobseeker qualifield person" can only have the JSA benefit, but only if they prove they are looking for a job and that it is work they stand a chance of getting. This benefit is only given for a limited time - a maximum of 6 months, but often only 3 months.



That time depends if they have arrived in the UK to look for work (nothing for the first 3 months and then just JSA benefit only for 3 months if they can prove they had been looking for work that they stand a chance of getting. Or they have been working in the UK "in genuine and effective work" for a minimum time, and then lose their job: 6 months JSA and only 6 months more for any other UK benefits they are claiming. After that they lose their "right to reside" in the UK as a "jobseeker qualified person" and end their UK benefits.


An EEA citizen who has retained worker rights in the UK, can have full benefits, but again often only for a limited time and only if they fulfil the criteria of retained EU worker rights.

Or do you mean the Child Benefit claim is in the father's name?

valencia19

Hi again,

The child benefit is not for me, it’s for my child who’s british citizen so that’s not a problem. And as for self employed, I’m not quite sure what I would have to do to make myself “self employed” as I am not working at the moment.

Alice_Holt

valencia19 wrote: »

Hi again.

Have you looked at the option of applying for settled status?
https://www.gov.uk/settled-status-eu-citizens-families

Have you followed up on getting accredited advice from an advice agency / Citizens Advice?

Is the suggestion of doing freelance bookkeeping (per an earlier suggestion) a possibility?
https://www.xero.com/uk/resources/accountant-bookkeeper-guides/cloud-accounting/freelance-accounting-8-tips/

OhWow

valencia19 wrote: »

Hi again,

The child benefit is not for me, it’s for my child who’s british citizen so that’s not a problem.

There are no benefits for a British child. It's the parent who must have the right to be able to claim benefits and who can then claim for a child, even if that child is not a British citizen. Some parents are in the UK with a British citizen child, but are not allowed to claim UK benefits for that child.

You didn't answer this - Are you claiming Child Benefit from the UK in your name? Or is the British citizen father of your child claiming Child Benefit?

valencia19 wrote: »

And as for self employed, I’m not quite sure what I would have to do to make myself “self employed” as I am not working at the moment.

Your work has to be "genuine and effective" and you register your self employment with HMRC, to be an EU Self Sufficient qualified person. The UK tend to say that earning enough to pay weekly NICs, is enough to meet the EU's "genuine and effective work".


Read the link I gave in post 13, to the guide that Home Office staff use as that explains what a "qualified person" is, and all the rules EEA citizens have to follow to be able to live in the UK under EU treaty rights.

OhWow

Alice_Holt wrote: »

2) What is pertinent to you is that if you make a UC claim as a couple, and since you have failed the habitual residence test, the allowable UC allowances will only relate to the person in the couple who is eligible for benefit. So, for instance, you and your partner will not get the basic allowance for a couple of £499, but a single basic allowance of £318 (for your partner).

I don't understand why your British partner is not doing the above.


As many are reporting thay are having to pay back child related benefits (CB and CTC) as they were not allowed to have them, it might be better if your British citizen partner put the Child Benefit claim in his name?

Tammykitty

Have you looked into Maternity allowance?


https://www.gov.uk/maternity-allowance


I don't understand how you are not entitled to Maternity pay (If you were working prior to the birth your should be on maternity leave and getting paid?), but if you are not and have been working 26 weeks from 30 July 2017 and 3 November 2018 (Depending on the childs exact date of birth) and earned more than £390 across 13 of these weeks


Not sure how your non settled status will affect this, but I think new mothers might have a right to reside


Edit: Have just googled - and maternity allowance doesn't seem to be affected by immigration status as it is not classed as public funds