Habitual Residence Test for Income Support? - Please help

sophia_n · 27 January 2011 at 1:46AM

Hi all,

I am a british National and have just come back to the uk after been abroad for one year.

To cut long story short while there i met someone, got pregnant (38 weeks today) and things were all good however about 3 months ago this guy started acting out and left me. from then on things became bitterly hard for me there - had no income whatsoever and was staying with a friend. Enough is enough I decided to come back to UK as the only reason i was there was for him. this is especially true cos even when i took my holiday to go there i was only going to stay for 2 months..anyway applied for income support when i got back and was given a Habitual Residence Test to fill out.

My worry - Will i be considered a Habitual residence or otherwise as i have been away from the uk for the last 12 months?..im so worried as my baby is due in approximate 2 weeks, have no income whatoever.

Any idea how long would it take to process?

Thanks for the help

[Deleted User] · 27 January 2011 at 6:59AM

Everyone is subject to the habitual residence test http://www.multikulti.org.uk/habitual-residence-test-and-right-to-reside/english/index.html how long it takes depends on how easy you have made it for them make a decision.

You say abroad, where abouts? If it was within europe it may make a difference?

freyanneke_2 · 27 January 2011 at 7:55AM

Please go to the CAB and after that make an appointment with your MP tomorrow! Make them work with you, it is what they are for. The best way to get the ball rolling and get everything sorted is to know all the rules so you can argue your case if something takes a bit longer. There is a benefits handbook in the library if you need to know all the rules regarding your application. Copy all the relevant info. The usual time to get things sorted is about 6 weeks, but you can always phone up and ask how long they will take. Some offices will take even longer if you phone up more than once a week.

Congrats on the baby! I hope you have lots of help and are able to enjoy having a little one. I can assure you that there are people in worse situations that have turned it all around and are very happy after starting out with nothing. (Yes, voice of experience talking here) Usually a letter from your MP can sort it within a week. Good luck!

Oldernotwiser · 27 January 2011 at 8:55AM

freyanneke wrote: »

Please go to the CAB and after that make an appointment with your MP tomorrow! !

Why on earth should she make an appointment to see her MP?

Everybody in her situation has to pass the HRT before being allowed to claim benefits, quite rightly. She's not in a special or difficult situation and, if a genuine case, her situation will be sorted out in due course,

I'm fascinated to know why you think this is a case for an MP.

seven-day-weekend · 27 January 2011 at 9:58AM

If you have maintained links with the UK, such as keeping a Bank Account, or an address, and can show that you are going to be living in the UK for the forseeable future (this can be proved by showing a rental contract/mortgage agreement/letter from person who you are lodging with, signing on with a GP, registering to vote etc), then you should pass the HRT, especially if you have come from an EU country.

The main concern of the HRT is that you have not come to the UK SOLELY to claim Benefits or medical treatment but intend to live in the UK for the forseeable future.

I too fail to see why the MP is necessary.

Congratulations on your new baby!

sophia_n · 27 January 2011 at 11:09PM

thanks all for the replies. I take it from the replies here there should be no problems with my claim?
_shel..I was in Nairobi, Kenya

Habitual Residence Test for Income Support? - Please help

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free