Time outside the UK

Cefalu24

I am about to make an application for UC. I have been permanently living in the UK for 21 years and am a dual citizen, including British citizenship. Last year, I had to return to my home country due to a family illness, which meant I was out of the country for more than four weeks and for a couple of months. All of this was beyond my control, as family comes first... During that time, I had to put my belongings into storage and give up the flat I was renting, but I am now back to renting again. 

Would my application be declined if I were to admit that I was out of the country for more than four weeks?

TELLIT01

Failing to inform UC of an absence of more than 28 days is committing fraud.  Irrespective of the reason for absence, unless being taken ill and being unable to return, and was not out of your control.  You put family first, and I'm not criticising that, but it makes no difference to the rules.  You need to inform UC immediately.  There will be an overpayment to address.

p00hsticks

TELLIT01 said:

Failing to inform UC of an absence of more than 28 days is committing fraud.  Irrespective of the reason for absence, unless being taken ill and being unable to return, and was not out of your control.  You put family first, and I'm not criticising that, but it makes no difference to the rules.  You need to inform UC immediately.  There will be an overpayment to address.

AS I read the OP, they weren't claiming UC during t he time when they were abroad, but are about to put an application in for it now they are back in the country.... 

Cefalu24

TELLIT01 said:

Failing to inform UC of an absence of more than 28 days is committing fraud.  Irrespective of the reason for absence, unless being taken ill and being unable to return, and was not out of your control.  You put family first, and I'm not criticising that, but it makes no difference to the rules.  You need to inform UC immediately.  There will be an overpayment to address.

I haven't not hidden information or committed fraud. I have yet to open a UC account and make a new claim. Please re-read my original post. 

Cefalu24

p00hsticks said:

TELLIT01 said:

Failing to inform UC of an absence of more than 28 days is committing fraud.  Irrespective of the reason for absence, unless being taken ill and being unable to return, and was not out of your control.  You put family first, and I'm not criticising that, but it makes no difference to the rules.  You need to inform UC immediately.  There will be an overpayment to address.

AS I read the OP, they weren't claiming UC during t he time when they were abroad, but are about to put an application in for it now they are back in the country.... 

Thank you, I have not claimed UC while away and need to open a new account. The last and first I claimed UC was during the pandemic. 

peteuk

You would normally be classed as an habitually resident within 3 months of arriving back in the UK. 

I believe you’re mixing two rules, that being the amount of time allowed outside the Uk whilst claiming UC and the rules about habitual resident.

So the amount of time outside the UK doesnt matter as you weren’t claiming UC at the time.  If youve been back more than three months then it shouldn’t block the claim.  If you haven’t been back for the three months then it shouldn’t should ot affect your claim you can raise an MR and have the decision reviewed, or wait the 3 months. 

Muttleythefrog

As above... there are rules regarding being outside of the country while claiming but naturally they don't apply when not. You may face the very broad Habitual Residence Test which looks to see if entitled to public funds and can be considered resident here but I see no reason you would not pass it (especially if in UK the 3 months prior to claim) and then simply face the usual qualification criteria for UC with entitlement assessed each month. 

As a side note... given you may face future foreign travel while claiming... there can be a slight relaxation of the month outside of the UK rule where there are special circumstances and something such as a relative's demise could well be one they may consider giving you a second month as they did in my own partner's case.

Cefalu24

peteuk said:

You would normally be classed as an habitually resident within 3 months of arriving back in the UK. 

I believe you’re mixing two rules, that being the amount of time allowed outside the Uk whilst claiming UC and the rules about habitual resident.

So the amount of time outside the UK doesnt matter as you weren’t claiming UC at the time.  If youve been back more than three months then it shouldn’t block the claim.  If you haven’t been back for the three months then it shouldn’t should ot affect your claim you can raise an MR and have the decision reviewed, or wait the 3 months. 

Thank you - I was unaware that there are two rules. The question asking, "Have you been out of the UK in the last 2 years?" is where I got stuck, as I have just returned last month. In terms of habitual residence, I have only been back for a few weeks. What is MR? Should I wait a few more months before making an application?

Cefalu24

Muttleythefrog said:

As above... there are rules regarding being outside of the country while claiming but naturally they don't apply when not. You may face the very broad Habitual Residence Test which looks to see if entitled to public funds and can be considered resident here but I see no reason you would not pass it (especially if in UK the 3 months prior to claim) and then simply face the usual qualification criteria for UC with entitlement assessed each month. 

As a side note... given you may face future foreign travel while claiming... there can be a slight relaxation of the month outside of the UK rule where there are special circumstances and something such as a relative's demise could well be one they may consider giving you a second month as they did in my own partner's case.

Muttleythefrog said:

As above... there are rules regarding being outside of the country while claiming but naturally they don't apply when not. You may face the very broad Habitual Residence Test which looks to see if entitled to public funds and can be considered resident here but I see no reason you would not pass it (especially if in UK the 3 months prior to claim) and then simply face the usual qualification criteria for UC with entitlement assessed each month. 

As a side note... given you may face future foreign travel while claiming... there can be a slight relaxation of the month outside of the UK rule where there are special circumstances and something such as a relative's demise could well be one they may consider giving you a second month as they did in my own partner's case.

That's good to know re future, thank you. Would I pass the Habitual Residence Test if I had only just returned a few weeks ago? 

Muttleythefrog

Cefalu24 said:

Muttleythefrog said:

As above... there are rules regarding being outside of the country while claiming but naturally they don't apply when not. You may face the very broad Habitual Residence Test which looks to see if entitled to public funds and can be considered resident here but I see no reason you would not pass it (especially if in UK the 3 months prior to claim) and then simply face the usual qualification criteria for UC with entitlement assessed each month. 

As a side note... given you may face future foreign travel while claiming... there can be a slight relaxation of the month outside of the UK rule where there are special circumstances and something such as a relative's demise could well be one they may consider giving you a second month as they did in my own partner's case.

Muttleythefrog said:

As above... there are rules regarding being outside of the country while claiming but naturally they don't apply when not. You may face the very broad Habitual Residence Test which looks to see if entitled to public funds and can be considered resident here but I see no reason you would not pass it (especially if in UK the 3 months prior to claim) and then simply face the usual qualification criteria for UC with entitlement assessed each month. 

As a side note... given you may face future foreign travel while claiming... there can be a slight relaxation of the month outside of the UK rule where there are special circumstances and something such as a relative's demise could well be one they may consider giving you a second month as they did in my own partner's case.

That's good to know re future, thank you. Would I pass the Habitual Residence Test if I had only just returned a few weeks ago? 

My understanding is that you may well pass.... the 3 months isn't a hard fact and after a month from return you may succeed in application. If you do not then you can ask for a MR (Mandatory Reconsideration) to see if they will change their minds and the reason you were abroad may work in your favour. Ultimately they want to see that the UK is your home and place you intend to live... having lived here for as long as you have will help...and British citizenship... as probably would any lack of other travel outside the UK over the period they ask about. There is a bit of subjectivity unlike with say your nationality (UK) which automatically means you're entitled to claim public funds.

Have a read of this... including for pointers as to what factors they may consider in their decision on HRT.
https://www.housing-rights.info/habitual-residence-test.php

TELLIT01

Cefalu24 said:

TELLIT01 said:

Failing to inform UC of an absence of more than 28 days is committing fraud.  Irrespective of the reason for absence, unless being taken ill and being unable to return, and was not out of your control.  You put family first, and I'm not criticising that, but it makes no difference to the rules.  You need to inform UC immediately.  There will be an overpayment to address.

I haven't not hidden information or committed fraud. I have yet to open a UC account and make a new claim. Please re-read my original post. 

You're correct.  I misread the OP post.