Going back to the U.K am I entitled to benefits ?

[Guest]

So you have to prove you are a resident, wow. That's just common sense. We didn't actually have to do anything to prove residency when we arrived.

 

I doubt you did. Registering for a GP or dentist isn't a problem, nor are other things to gain proof of address (ie getting utilities set up in your name at your address).

 

The habitual residency test is applied for people if they wish to claim certain benefits from the state and other things when they return to the UK to live after being non resident in the UK for X amount of time. So things like access to social housing or housing benefit, carers benefit and other things are not automatic and may require a few months or more of residence in the UK before being eligible and even then its not certain.

 

This page explains it well

 

https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/the-habitual-residence-test-an-introduction/what-is-the-habitual-residence-test/

 

OP, I"m very sorry to hear what your little one and family are going through. I think you've been given the link already but if not, this is worth a read. I really hope that if you want to go back with your family you are able.

[newjez]

I don't recall doing anything, when we registered with our GP we told we had come over from Australia and we were British citizens. Yeah by the sounds of things it's easy enough.

 

I imagine it is part of the crackdown on health tourism.

[Ken]

Getting NHS treatment for free (once you get to the front of the queue) won't be a problem regardless of what the rules say about habitual residence. The NHS is so badly run that no one will ever bother to check whether you're entitled to free treatment or not. The time has long gone when they should have introduced a medicare card style system in the UK.

[Englishbird]

Let me say I have been on the list for a specialist for my throat all yr and had my appointment cancelled due to unforseen circumstances

... so now I have to wait again... my claim for ESA has been in motion for 12 weeks with no response and I have lived in UK. All my life... housing benefit etc is means tested and strict, if you have 4 kids you would be entitled to a 2/3 bed allowance.... and all benefits depend on what you earn x do the calculator app and you will see what you can get.... as for travelling there is restrictions on that so you need to check all of that out via the UK border/ immigration office

[Guest]

I think the benefits questions have been fully answered already, there may be a bumpy start if you are required to prove habitual residency but after that you would be treated like any other Brirish Citizen.

 

You are probably doing the right thing for your family moving home but do make sure you have fully researched the treatment and specialists available in the UK. I know what's available in Scotland is different to England even down to specific drugs. You need to know that the treatment you believe is best for

your daughter is available here. It's not a case of Australian healthcare being better - I have RA and the best treatment was not available on medicare so would have cost me $35k per year, it's free in Scotland. A friend went through a similar experience to you and they considered travelling to the UK for a specific radiation treatment not available in Australia but there are equally examples where Medicare provides treatment the NHS doesn't. My son has complex needs and no way would he have even got as far as diagnosis in the UK.

 

What I would recommend is getting your daughters specialist in Australia to refer her directly to an oncologist here. Hopefully there will be someone they can recommend and forward medical records to. This is what my sons specialist did and to be honest I didn't think it would work like that, pretty much first week back I went to the GP and explained (his response to my sons diagnosis 'I've never heard of that'!) GP said we should just get an appointment through but to phone and check with the specialist and sure enough when I called he was already on the waiting list.

 

Moving back to the UK my sons healthcare was one of my biggest worries but it has been fine (& free!)

 

The best of luck to you, if you'd like me to put you in touch with my friends (in Perth, Australia) whose son had medullablastoma do PM me.

 

Jules x

[Patphillips47]

You don't have to go through the residency test to be eligible for the NHS as you have the right of abode You do have to go through the residency test to claim benefits of any kind

[newjez]

You don't have to go through the residency test to be eligible for the NHS as you have the right of abode You do have to go through the residency test to claim benefits of any kind

 

 

You do have to be resident. If you live in oz and are on holiday in the UK for example, even though you have right of abode, you are covered for emergency under the reciprocal agreement. But you couldn't have elective surgery for example.

 

You need to be able to prove residency. Obviously this won't be hard if you are becoming resident. But it may take a little while, and if they need care in the meantime it could cause problems.

 

I only brought it up because I was in a hospital recently and there are signs everywhere. Thought it worth mentioning.

 

Might not be a biggie, but it would be worth the OP making some enquiries before they came. Just to be aware.

[Guest Priscilla101]

Citizenship has no bearing on access to the NHS, residency does, if she is legally resident in the UK then she will be entitled to treatment on the NHS.

Not if you have not lived in the uk for less than 1 year. - this should be asked at reception when you attend s hospital

Due to the billion £ shortfall each trust is experiencing as the government does not pay for all treatment provided. The foundation trusts (most hospitals nowadays) have the right to claim back the costs of treatment. If Australian citizen then itis claimed back to Oz etc. They have to do this because of the health tourism- people coming to uk for benefits and healthcare they're not entitled to.

[Patphillips47]

You do have to be resident. If you live in oz and are on holiday in the UK for example, even though you have right of abode, you are covered for emergency under the reciprocal agreement. But you couldn't have elective surgery for example.

 

You need to be able to prove residency. Obviously this won't be hard if you are becoming resident. But it may take a little while, and if they need care in the meantime it could cause problems.

 

I only brought it up because I was in a hospital recently and there are signs everywhere. Thought it worth mentioning.

 

Might not be a biggie, but it would be worth the OP making some enquiries before they came. Just to be aware.

We moved back twice in recent years 2001 and 2013 and just signed on with a GP it was months later when our GP referred my hubby for surgery but we were never asked by the hospital is we were resident

We were only asked to prove residency in 2002 when we tried to claim a rates rebate and believe me it was hard we were actually refused residency because we had left family in Australia !!! This was despite me being an only child had gone home to look after my Mum We had sold our house etc in OZ shipped everything we had etc and bought a house in the UK We were refused on the grounds of we had left children , they were 35 and 36 and had family's of their own Plus we had left an Aussie bank account open as my hubby was on a disability pension at the time ( and yes it was payable even though we were in the UK ) The disability pension was paid into our Aussie account and we then transferred it We never ever tried to claim an UK benefits only a rates rebate hence the Habitual Residenst test I appealed the decision that we did not satisfy the criteria and did have the decision overturned but the whole scenario was quite demeaning to say the least

[Englishbird]

My 4 year old daughter has been diagnosed with a brain tumour - it's Cancer. Medulloblastoma.

when the hospital removed her tumour they left her with a condition called cerebella mutism.

she can't (couldn't) walk, speak, eat, move or even swallow! Although now she is improving slightly, it's so so hard to deal with, especially as my only family (support) is my sister in the U.K.

My daughter has been through 6 weeks of radiotherapy and is now to endure months and months of chemo.

she will reuire life long cre and extensive rehabilitation.

so, cut a long story short I was thinking of moving back to the u.k. We have 4 children in total and feel that this would be best for them all. Being with family.

our main question is are we eligible for benefits? Carer or disability? Housing? Anything?

How is it possible to find this out from Perth?

 

 

http://www.cancernet.co.uk/travel.htm

 

have a read of this as she will be at risk of infection dvt etc ... x

[MichaelP]

Even if you are a UK citizen you are NOT entitled to NHS treatment if you have lived abroad for more than 2 years. I found this out when I sought treatment for a broken finger in Leeds when back in the UK for a year in 2013. Despite having lived back in the UK for 8 months I was told by NHS England (Leeds General Infirmary) that I was not entitled to an operation to fix the broken bone unless I paid for it. They only provide emergency treatment (a splint). I was coming back to Australia anyway and got my finger fixed when I came back.

 

For something as serious as a child cancer I would check your NHS eligibility before returning to UK.

[bristolman]

Well we were away from the UK for 12 years and there were no restrictions on any treatment we recieved. Our son broke his arm the first year we were here and there were no questions asked. I have no idea why they would refuse to fix a broken finger, as a British citizen you are definitely entitled to NHS treatment.

[Marisawright]

Well we were away from the UK for 12 years and there were no restrictions on any treatment we recieved.

 

Yes but that was then and this is now. Things change. I was just answering someone on another thread about arriving in the UK on a spouse visa: my oh did it only a year ago and I answered to say how we did it - but then I discovered that the process has changed already.

 

I had no problem getting treatment but it does sound as though things are tightening up.

[Patphillips47]

We went back late 2013 hubby fell and broke his hip 3 months later

there was never any questions of us having been overseas asked even though I took in his Aussie X-rays

In fact while he was getting an X-ray they came up with an address where we had lived - 40 years previously !

[Guest Priscilla101]

NHS is free at the point of service. However. It is funded by uk tax paying citizens. They will never refuse an emergency. But they can ask you to pay later. This wasn't followed up previously. But it is now. Because people come to uk for free healthcare and take the piss. Australia has a reciprocal agreement, so you may not be aware but it can be claimed back through administrators.

[STEVEPEACOCK]

As the comments above, the benefits system is a minefield. We returned home in May. tried to sign on for jobseekers (as this is not means tested) but turned down as need to have paid NI for last 2 years. Applied for Child benefit and again turned down as need to have been in country for 3 months etc etc. Its the same as Aussie, you'd be better arriving by boat!

[bristolman]

As the comments above, the benefits system is a minefield. We returned home in May. tried to sign on for jobseekers (as this is not means tested) but turned down as need to have paid NI for last 2 years. Applied for Child benefit and again turned down as need to have been in country for 3 months etc etc. Its the same as Aussie, you'd be better arriving by boat!

 

My wife received Jobseekers for a short period after we arrived, she didn't need 2 years of NI contributions.