Polish national, disability and benefits query.

elsien

There is a lot of back story here which I can't go in to but this is the basic picture.
Polish person ends up in the UK in unclear circumstances. It is believed that they have lived on the streets and not worked/paid national insurance for the duration of their stay which has been several years. The person has an accident which impacts on their communication and ability to give background information. They are now in a health funded nursing home. They are an adult not of pension age. 
What benefits can they claim as at present they have no income at all to meet every day needs such as clothes, toiletries etc?
Does the fact that they haven't worked make a difference to this?
If they are not able to give a national insurance number is there a Polish equivalent that would be accepted and if not, how do they get around this? 
Much appreciated.

Any comments from anyone asking why people who haven't worked are being funded will be ignored. 

sammyjammy

elsien said:

There is a lot of back story here which I can't go in to but this is the basic picture.
Polish person ends up in the UK in unclear circumstances. It is believed that they have lived on the streets and not worked/paid national insurance for the duration of their stay which has been several years. The person has an accident which impacts on their communication and ability to give background information. They are now in a health funded nursing home. They are an adult not of pension age. 
What benefits can they claim as at present they have no income at all to meet every day needs such as clothes, toiletries etc?
Does the fact that they haven't worked make a difference to this?
If they are not able to give a national insurance number is there a Polish equivalent that would be accepted and if not, how do they get around this? 
Much appreciated.

Any comments from anyone asking why people who haven't worked are being funded will be ignored. 

It sounds complicated, I suggest you/someone get in touch with Citizens advice.  It's likely that there will be many hoops to jump through and even at the end of that there may not be any benefits payable.  In the meantime you could try charities for donation of clothes and/or toiletries.

elsien

Thanks - I was hoping the benefits experts on here could at least give some pointers. CAB by me are so busy you can't get through on the phone at the moment. 

The money isn't just about clothes though, that was just an example. Chiropodist, hair cut etc have to be paid for. Dentist (they always ask for what reason you are exempt from charges, although the low income qualifier might swing that one.) Quality of life - accessing the community might involve small sums to make it meaningful - buying a coffee. Buying yourself your favourite chocolate bar.  Entry fees. Activities in the care home that involve an extra charge. All that sort of thing. 

poppy12345

This isn't going to be straight forward. UC is the only benefit that would be possible to claim but the HRT will be the issue here.

https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/before-you-apply/check-if-you-can-pass-the-habitual-residence-test-for-benefits/

calcotti

Unless they can pass the Habitual Residence Test they have few rights and without a history of work (or being the partner of a worker) they are going to have difficult with that.
https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/before-you-apply/check-if-you-can-pass-the-habitual-residence-test-for-benefits/

elsien

I did wonder about the habitual residence. Person has no documents at all as far as I am aware. If they did have any they weren't able to tell anyone where they might be, after the accident. 
Has ESA now completely gone for new claims then, for people who haven't worked recently? 
Would PIP (mobility) be possible, HRT aside? 
(Just to complicate things further it is likely an appointee will be needed.)

poppy12345

As they haven't previously worked the ESA will not be possible and it will be UC they will need to claim. I don't know if PIP is possible under these circumstances, it will also depend on how long they've been in the UK for.  https://www.gov.uk/pip/eligibility

calcotti

As the link poppy has posted says, for PIP have to be able to prove living in UK for at least two of the last three years.

TELLIT01

In order to claim many benefits a foreign claimant, and Brits returning to the UK, have to satisfy a number of conditions, one of which is a satisfactory work history.  It seems the person involved here is unlikely to be able to fulfil those requirements.

sheramber

How has he survived without money for several years?

elsien

Part of the back story I can't share.