moved here from abroad

susan3537

Just wondered if anyone could help? My daughter's partner has moved back to Scotland after living and working in Ireland & France for the past 9 years. He has no job, no income and bills to pay but no-one seems to be able to help financially. He's been told that he isn't entitled to any benefits. He was born and brought up in the UK and worked here in the past. This just doesn't seem right to me - any advice?

Conor_3

He isn't entitled to any benefits as he's not paid National Insurance or got NI credits for the past two years which is what claims are based on.

I take it he kept his UK citizenship? What about Income Support?

dmg24

Mark,

Please remove the link to your website from your post.

Topletters reported for repeatedly contravening Abuse requests.

stazi

A person who has worked and paid taxes/contributions in another EU country(ies), may be entitled to certain UK benefits such as JSA and IB.

When someone makes a claim and has worked in an EU country, this needs to be explained to JCP.

JCP will then arrange to obtain the relevant info from the 'foreign authority' (the relevant countries social security dept).
JCP will then calculate any possible entitlement to the UK benefit claimed, based upon the tax/contributions paid in the relevant EU country.

susan3537

Thanks to all who replied. He's now taking it up with his MSP so hopefully will get somewhere now!

dmg24

Are you able to give us more details of his circumstances?

Where is he living at the moment, and does he live alone?
Did he pay any tax or contributions when overseas?

TBH the MSP will not normally intervene until all other avenues have been exhausted, so it is certainly worth doing more research first x

NAF_3

It is possible to import benefit from another EU state but as with everything else benfit related there are forms to be filled in and sent to relevant offices.

What are his living conditions? Who does he live with?

If he lives with a partner who is working then a claim to JSA Contributory based (With importation as mentioned above) should be made.

seven-day-weekend

I am a British Citizen and have lived (not worked) in Spain for 3.5 years.

Officially, if I return to the UK, I am not even entitled to healthcare other than emergency for six months (the reason apparently is that I may just be coming to the UK for free healthcare and then return to Spain). After six months I will become UK resident and therefore will be entitled.

BUT apparently the test is whether I have maintained any links with the UK which suggest that I intended to return at some point.

On our case, we still have a house, several bank accounts, a dentist and have registered to vote as non-resident voters.

These things apparently will determine whether we have any rights to Healthcare or Benefits straight away when we return.

Hope this helps the OP.

NAF_3

SWE, the test you speak of is probably the Habitual Residence Test, and you are right in saying that they will look into what links were kept while living in the other country.

If someone has kept in touch with family, maintained accounts, visited etc. then they have more of a chance of being granted Habitual Residence and being entitled to some form of benefit if they satisfy all the usual criteria aswell.

seven-day-weekend

NAF wrote: »

SWE, the test you speak of is probably the Habitual Residence Test, and you are right in saying that they will look into what links were kept while living in the other country.

If someone has kept in touch with family, maintained accounts, visited etc. then they have more of a chance of being granted Habitual Residence and being entitled to some form of benefit if they satisfy all the usual criteria aswell.

As well as the links I have mentioned above, we visit at least once a year to see our son, other family and friends and maintain our house. We stay in our house while we are there.

In reply to the OP, I think this is probably the test they will apply, as NAF says, to assess whether he is entitled to benefits or not.