Guest treesea Posted February 21, 2009 Share Posted February 21, 2009 If you come back to Britain to live permanently, after living abroad, and you can't get work straight away, there is no stand down period for getting benefits. If either the DWP or your local council try to tell you otherwise, I recommend getting your MP involved. The following are guidelines from Colchester City Council. Please note the section that says if you were previously habitually resident and have returned from abroad, you should not fail the test. The Habitual Residence Test Date Published: 12 January 2009 This page tells you about the Habitual Residence Test. This is a test to see if you intend to make the your home in the UK. You need to pass this test to get certain benefits. What is the Habitual Residence Test? If you are making a claim for Income Support, Income-based Jobseeker’s Allowance, Housing Benefit or Council Tax Benefit you will need to pass the ‘habitual residence test’. The Habitual Residence Test checks to see if you have made the British Isles your normal home. This has to be in the UK, Ireland, Channel Islands or the Isle of Man. Who doesn’t have to pass the test You are exempt from the test if you are: A recognised refugee and a person granted ‘exceptional leave to remain’ An European Economic Area (EEA) worker or a certain other EEA national who has the right to reside in the UK. A person in Great Britain who left Montserrat after 1-11-95. Already receiving Housing Benefit, Council Tax Benefit, Income Support or Income-based Job Seekers Allowance. Who does have to pass the test If you don’t come under one of the exemptions, even if you are a British Citizen you will need to pass the test. It is important to note that it is only you who needs to pass the test and not your partner and dependants. How to pass the test You will need to demonstrate that you intend to make the place where you live your home for the time being. It doesn’t mean that you intend to live there permanently. The longer you reside here, the easier this is. Other things which are taken into account are the reasons you are here. If you were previously habitually resident, and have returned from abroad, you should not fail the test. So, for example, if you were a British Citizen who went to live abroad and have returned to live in Great Britain. What happens if you fail the test? You can appeal the decision. Whilst appealing you may be able to get an interim payment. However, you will not be entitled to Income Support, Income-based Job Seekers Allowance, Housing or Council Tax Benefit. How to appeal You can appeal to a Social Security Appeal Tribunal on form GL24, from the Benefits Agency. You should get help with this from someone like the Citizens' Advice Bureau. Whilst appealing you can submit another claim for the same benefit. This is probably the quickest way to get benefit. You may be more likely to succeed as you will have lived here for longer. Other help If you have failed the test and have dependant children, you may be entitled to help from Social Services. If you are appealing, you may be able to have a crisis loan from the Social Fund, where there is a good chance of your appeal being successful. Also your local MP may be able to help you receive an extra statutory payment. Link to comment Share on other sites More sharing options...
Guest treesea Posted February 21, 2009 Share Posted February 21, 2009 Mum finally wins benefits battle - News - Stockport Express_ Stockport have recently refused someone benefits, on the grounds the person failed the habitual residency test and have been forced to back down and backdate the benefits to the date of arrival. I know a recession isn't an ideal time to be moving anywhere, including back to the UK, but anyone who is needing to claim benefits must be in fairly dire straits compared to the vast majority of people who are working. Its outrageous that British citizens should be refused benefits in their own country when non British citizens (i.e. asylum seekers, family reunions, EU citizens) are entitled to claim on arrival with no stand down period. Link to comment Share on other sites More sharing options...
Guest Murra Posted February 22, 2009 Share Posted February 22, 2009 This is very useful Treesea, as I think there are a lot of people who are thinking of returning to the UK who would have been disadvantaged without this knowledge about their entitlements. Thank you for posting information from a reliable source:smile: Link to comment Share on other sites More sharing options...
Guest proud2beaussie Posted February 22, 2009 Share Posted February 22, 2009 Another really usefull post ,treesea,and one that may prove very valuable to lots of people. Good work N'OZ Link to comment Share on other sites More sharing options...
Guest proud2beaussie Posted February 22, 2009 Share Posted February 22, 2009 And just to back up your post even further there is this from: habitual residency - Page 3 : British Expat Discussion Forum Post 36 has a statement from the Minister confirming your point of view. Quote "In his Written Answer, Wicks replied: "In its judgement in the Swaddling case, the European Court of Justice made it clear that people returning from a European Member state to re-establish ties in the United Kingdom can be treated as habitually resident on their return. Following this judgement we reviewed the habitual residence test and decided to extend this important principle to people returning from any country overseas to re-establish ties here. These measures have resulted in fairer access to income-related benefits, while ensuring security against possible abuse of the benefits system by those with no real links to the United Kingdom We keep all our policies under review but have no current plans to change the habitual residence test". Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.