Returning after travelling post grad

peteuk

Just a quick question, having travelled for 5 months post grad what if any benefits can a person get. 

Had worked up until day of travelling, part time whilst studying and full time during breaks. 

Will be due a tax rebate for 2022-23 tax year as only worked April - Sept and then potentially Feb - March. 

If UC is claimable is that from the day they return to the UK, I believe you have to be in the UK to claim UC. Or can they claim a week or so earlier and change the date of any meeting if they’re not back in the UK?

Spoonie_Turtle

They do indeed have to be in GB to claim.  It can be the day they return, providing they are physically in the country at some point during that day.

The last part of their travel period cannot be treated as part of a temporary absence for claiming purposes:
One Month
C1986 For the purposes of deciding whether a person is “in GB” a temporary absence is disregarded provided that1
1. the person was entitled to UC immediately before the temporary absence started
and 2. the absence2
2.1 is not expected to exceed and
2.2 does not exceed one month.

Sources Chapter C1 https://assets.publishing.service.gov.uk/media/657ae6080467eb001355f80c/admc1.pdf
And Chapter E1 https://assets.publishing.service.gov.uk/media/5f31129d8fa8f57ac7fb3a16/adme1.pdf
"Being in Great Britain
E1091 One of the basic entitlement conditions for UC is that the person is in GB"

Alice_Holt

They will also need to document that they are 'habitually resident' in the UK:
https://www.citizensadvice.org.uk/benefits/getting-benefits-if-youve-recently-moved-to-the-UK/
https://www.turn2us.org.uk/get-support/information-for-your-situation/habitual-residence-test/what-benefits-tax-credits-and-services-does-the-habitual-residence-test-apply-to

HillStreetBlues

Alice_Holt said:

They will also need to document that they are 'habitually resident' in the UK:
https://www.citizensadvice.org.uk/benefits/getting-benefits-if-youve-recently-moved-to-the-UK/
https://www.turn2us.org.uk/get-support/information-for-your-situation/habitual-residence-test/what-benefits-tax-credits-and-services-does-the-habitual-residence-test-apply-to

If the OP was "habitually resident" before they left,  then if they are returning be be a "habitually resident" again this will be automatic (basically covers holidays).

Alice_Holt

HillStreetBlues said:

Alice_Holt said:

They will also need to document that they are 'habitually resident' in the UK:
https://www.citizensadvice.org.uk/benefits/getting-benefits-if-youve-recently-moved-to-the-UK/
https://www.turn2us.org.uk/get-support/information-for-your-situation/habitual-residence-test/what-benefits-tax-credits-and-services-does-the-habitual-residence-test-apply-to

If the OP was "habitually resident" before they left,  then if they are returning be be a "habitually resident" again this will be automatic (basically covers holidays).

    After 5 months abroad, I still think it possible that UC could raise the habitual residence test. 
   Hopefully they will be able to satisfy it fairly easily, but they should be prepared for this eventuality.  

peteuk

Alice_Holt said:

    After 5 months abroad, I still think it possible that UC could raise the habitual residence test. 
   Hopefully they will be able to satisfy it fairly easily, but they should be prepared for this eventuality.  

Thanks @Alice_Holt and @HillStreetBlues - I will warn her, we were living overseas when she applied for her Uni so had to prove UK status for her fees etc.   The other thing is we dont know whee she will be living, she was renting a flat with her boyfriend who has a job to go back to so he will head home, I think she is staying with us for a little while and then going back to live with him (completely different town) so is it easy to change locations during the start of the UC process?

poppy12345

peteuk said:

Alice_Holt said:

    After 5 months abroad, I still think it possible that UC could raise the habitual residence test. 
   Hopefully they will be able to satisfy it fairly easily, but they should be prepared for this eventuality.  

Thanks @Alice_Holt and @HillStreetBlues - I will warn her, we were living overseas when she applied for her Uni so had to prove UK status for her fees etc.   The other thing is we dont know whee she will be living, she was renting a flat with her boyfriend who has a job to go back to so he will head home, I think she is staying with us for a little while and then going back to live with him (completely different town) so is it easy to change locations during the start of the UC process?

When she lives with her parther she will need to report a change of circumstances and tell them. Her partner will then need to start a claim for UC theirself. A linking code will be sent so they can link both claims together. Entitlement will then be based on their joint circumstances.