will i be entitled to anything

[Guest annabel1]

i will be moving back home with my family sometime next year and i want to know will i be able to claim anything until i get back on my feet? ive heard you have to wait 6 mths, is this right? i don't even know if i would get anything. also i won't have a home to return to so should i get intouch with the council and tell them my situation and see if they could offer me somewhere when we return as i have no one we could stay with when we get back. i have young children who are school age. we have lived in england all our lives until we came here one and a half years ago.

[Guest siamsusie]

 

i will be moving back home with my family sometime next year and i want to know will i be able to claim anything until i get back on my feet? ive heard you have to wait 6 mths, is this right? i don't even know if i would get anything. also i won't have a home to return to so should i get intouch with the council and tell them my situation and see if they could offer me somewhere when we return as i have no one we could stay with when we get back. i have young children who are school age. we have lived in england all our lives until we came here one and a half years ago.

Hi Annabel, I wish you well on your homeward bound journey. You dont say which area you are hoping to relocate to. It used to be with councils that families with young children were re-homed as a priority, even if it was a B & B, I dont know how that stands these days. As soon as you have established yourself I would go to DHSS pretty quickly and determine what benefits you are entitled to albeit a quick emergency payment until they can work out your benefits. Very best wishes :wubclub: ss x

[Guest proud2beaussie]

There are conflicting views on this subject ,you may have to pass what is called the 'Habitual residency test" which basically means that you have to demonstrate that you have returned to live permanently in the UK,the tough thing is that there is no actual definition of what "habitually resident' means,it's up to the person who decides on your claim,they may decide that you are habitually resident as soon as you get off the plane or they may make you wait for 3 weeks or 6 months-it's a very grey area according to the research I have done.

If you have worked in the UK then you may be eligible for contributions based job seeker allowance based on your NI contributions and you may be able to claim housing benefit.

I would suggest you contact the Department for Work and Pensions to ask about what you may be entitled to.

Good luck with the move.

Edited to add: Found this-

http://www.pomsinoz.com/forum/moving-back-uk/54856-habitual-residency-test.html

 

And one of my own posts on the subject.

http://www.pomsinoz.com/forum/moving-back-uk/54856-habitual-residency-test.html#post437426

 

And the Direct.gov website which has some helpful links.

http://www.direct.gov.uk/en/index.htm

[chisywhizzy]

Hi Annabel

I hope things go well for you back home and I'm sure they will. A mate of mine returned recently and went into a private rental which the dss pay 120 pound per week towards. He also get benefit because of his two children family. He said it was a nightmare getting sorted out though and recommends the citizens advice bureau. My family are about to be in a very similar position having sold everything to come out here three years ago we are going home broke thanks to Australian builders who seem to have an immunity from paying for subcontract labour.

Good luck

Peter

[Guest treesea]

Different councils seem to work differently on this count. Moving back to the area you lived in prior to moving to Australia may work in your favour. There was a case over here where someone from Stockport in Cheshire lived overseas, but came home due to a change in circumstances. She was a solo parent and initially Stockport council refused to help her with housing benefit on the grounds she wasn't "habitually resident" but this was subsequently overturned on appeal, and her benefit was backdated to the day of arrival.

 

The first thing though is to register as unemployed at your local job centre. This would qualify you for jb seekers benefit. Getting job seekers benefit then qualifies you for child tax credits. Best to apply for both of these on the day of arrival in Britain, because they only backdate to your application date. This is the latest guidelines on the DWP website:

 

"If you are a worker for the purposes of EC law, a refugee, a person with humanitarian protection, discretionary leave to remain, exceptional leave to remain or indefinite leave to remain granted exceptionally outside the immigration rules, you will need to provide evidence of your right to reside but will be treated as being habitually resident in the UK and will satisfy the habitual residence conditionIf you are a worker for the purposes of EC law, a refugee, a person with humanitarian protection, discretionary leave to remain, exceptional leave to remain or indefinite leave to remain granted exceptionally outside the immigration rules, you will need to provide evidence of your right to reside but will be treated as being habitually resident in the UK and will satisfy the habitual residence condition."

 

This suggests that British citizens would have the rights to benefits from the date of arrival, provided they intended to live here permanently.

 

With housing benefit and council tax benefit, if you are homeless with children you do get priority for housing and the council would usually put you up in a B&B until they can allocate you a house. If you arrive back penniless, the DWP will either be able to help you with a community care grant (useful for getting things like furniture, but depends on whether or not the council has anything left in the kitty- these can be up to £2,000) or a crisis loan. This is quite modest, from memory, and is paid back at quite a low rate - they just deduct it from your benefit - a small amount each week.

 

Don't let the DWP put you off. If they are unhelpful - and they may well be - just go to your local citizens advice bureau, who are both helpful and well informed on what you would be entitled to.

 

One thing about money from the DWP and HMRC (who administer the child tax credits) - though the money will eventually come through and be backdated to your claim date, you should still plan on having around 3 months worth of funds plus the bond and six months rent, just in case you do have to find a place to rent. And even if, eventually, you will get housing benefit backdated to the date of arrival.

[Guest kharma]

Hague Convention - Does anyone know anything about it? I was told that if I moved back to the UK with my child, (father is Aussie), it would be classed as child abduction, and they would take my child off me, return the child to Australia and I'd never see my child again. Has anyone experienced this? Has anyone returned to the UK recently with their child leaving a father behind, and managed to stay?

[Guest Guest31881]

Hague Convention - Does anyone know anything about it? I was told that if I moved back to the UK with my child, (father is Aussie), it would be classed as child abduction, and they would take my child off me, return the child to Australia and I'd never see my child again. Has anyone experienced this? Has anyone returned to the UK recently with their child leaving a father behind, and managed to stay?

 

I think you need to see a solicitor, I beleive The Hague convention does indeed state that you cannot take a child out of one country to another without the concent of BOTH parents.

 

You could (I Believe) actually be charged with child abduction. Meanwhile your other half would have the protection of the Hague convention and you could end up fighting it in court, but it would be an Australian court as the child would be returned here.

BEST THING IS TO SEE A SOLICITOR AS SOON AS POSSIBLE.

[Guest bethanne]

As you seem to be a mind of useful information - I was wondering what you need to do in regards to children when you move back to the UK.

 

I am moving back in Feb and have enrolled my little girl in a school. Apart from this do I need to notify anyone else about my children entering the UK?. As they were born in Oz I imagine that they do not even exist as being British citizens living in the UK ?!

 

Its all so confusing!!.......

[Guest cyclone41]

As you seem to be a mind of useful information - I was wondering what you need to do in regards to children when you move back to the UK.

 

I am moving back in Feb and have enrolled my little girl in a school. Apart from this do I need to notify anyone else about my children entering the UK?. As they were born in Oz I imagine that they do not even exist as being British citizens living in the UK ?!

 

Its all so confusing!!.......

 

We are going back to the Uk as soon as our house sells. I will be visiting the local Jobcentre plus offices (they have one in most large Towns) and I believe they are a one stop shop for advice on benefits including child payments. If they can't help they will point you to the relevant departments. Citizens advice centres will also give you the right info for your circumstances. Hope this helps.

[Guest treesea]

As you seem to be a mind of useful information - I was wondering what you need to do in regards to children when you move back to the UK.

 

I am moving back in Feb and have enrolled my little girl in a school. Apart from this do I need to notify anyone else about my children entering the UK?. As they were born in Oz I imagine that they do not even exist as being British citizens living in the UK ?!

 

Its all so confusing!!.......

 

If you are British, then why not get British passports for your children at the British consular office in Canberra? They are well organised, all the info you need is on their website. We didn't want to send off stuff like passports and birth certificates so just drove up to Canberra the back way one morning (from Melbourne, up the Melba Highway). It was fine. Got there around 2pm, had things like the photos and all the paperwork we would need with us, they children are already british by descent anyway, - two weeks later we had their passports.

[Guest proud2beaussie]

Unfortunately the British High Commission no longer accepts passport applications over ther counter,all applications are submitted via Australia Post Offices and processed in New Zealand.

If I come to Canberra, can my passport be issued any faster?

 

http://ukinaustralia.fco.gov.uk/en/passports/how-apply/

[Guest bethanne]

Thanks! - you're right. I got their british passports the other month so that would help. Just trying to delve my way through the child benefit forms for when we return - I hate having to prove everything every step of the way. Why can't life be a bit easier - I thought it was supposed to be a small world!!!

[Guest proud2beaussie]

bethanne,

I think the best thing you could do is to contact either the Department for Work and Pensions or the citizens advice bureau in the UK.I'm sure that they will be able to give you good advice about what you need to do and what you might be entitled to in the way of benefits.

Good luck with your return.

[Guest treesea]

Nigel 'n Oz, that's a pity. Mind you, as I recall, it was pretty expensive to ask them anything on the phone. I remember one of my children couldn't go on my passport and had to have his own. I thought I might have had to register them as British, but from memory I don't think this was the case (they are born in Australia). I was just told to apply for passports for them.

[Guest treesea]

Thanks! - you're right. I got their british passports the other month so that would help. Just trying to delve my way through the child benefit forms for when we return - I hate having to prove everything every step of the way. Why can't life be a bit easier - I thought it was supposed to be a small world!!!

 

The citizens advice bureau is excellent. The DWP can be a bit mixed, but it's the usual thing - if you know what you are entitled to (thankyou the CAB!) that knowledge goes a long way/

[Guest Guest31881]

bethanne,

I think the best thing you could do is to contact either the Department for Work and Pensions or the citizens advice bureau in the UK.I'm sure that they will be able to give you good advice about what you need to do and what you might be entitled to in the way of benefits.

Good luck with your return.

 

You will need to contact the department for work and pensions to get your children registered with them and they will be given national insurance numbers, I know they are too young to work, but you need them registering to avoid any problems with NHS cover , or claiming benifits. They will want to see the birth certificates, :jiggy:

[Guest proud2beaussie]

Nigel 'n Oz, that's a pity. Mind you, as I recall, it was pretty expensive to ask them anything on the phone. I remember one of my children couldn't go on my passport and had to have his own. I thought I might have had to register them as British, but from memory I don't think this was the case (they are born in Australia). I was just told to apply for passports for them.

$3.52 a minute now.

 

• 1902 241 444 - Premium Rate Line ($3.52 per minute)

• 0011 44 208 082 4726 - Credit Card Line (£0.69p per minute)

• 0011 44 1750 725 368 - Hearing Impaired TTY text phone service (£0.69p per minute, excluding the cost of an international call)

 

 

Lodge your United Kingdom/British passport application at Australia Post

[sleepywombat]

Hi

 

Going back to the original question - you will have to phone them first... No new claims can or will be processed without going through the call centre who will fill in all the forms for you and then give you an appointment at your local JSP who will be able to help you with all your entitlements...

 

From the UK: 08000 55 66 88.

 

HTH

Cx

[Guest adey]

definately ring Job Centre as soon as you get home, they won't be overly helpful with any questions mind you and you will feel like you go around in circles all the time as we've found since returning in August. We had our Job Seekers paid within a few weeks but are still waiting to hear from Housing Benefit as they have a backlog at the moment and have asked for lots of information about bank accounts, money in Australia so bring home with you up to date statements to show your financial situation. I'd definately recommend going straight to Citizens Advice as they will tell you exactly how the system works here as the DWP doesn't seem to know how it works even though its their business!!!!! We've had to borrow 6 months rent off family as we had to rent privately and without jobs they wouldn't let us pay rent monthly so if you can I'd bring home at least enough money to survive on for at least 4 months as even the emergency loans system is in backlog.

 

Its not all doom and gloom I promise we are glad we came back home you just need some cash behind you as things will take time to get put in place. We've just found it frustrating with the amount of paperwork they've needed to see to prove we need their help.

 

For all the hassle we've no regrets and feel that moving back was what was best for us.

 

Good luck with your move home and hope it all works out for you. We are having a great time doing all the things we missed when living in Oz

[2tigers]

I think if you can prove that you are staying in the UK permanently then you should be able to claim

 

Income Support

Tax Credits

Child Benefit

 

Make sure you phone the day you arrive as your claim will begin as soon as you contact them.

 

UK Passports - very easily done if the mother is British. Only the mothers signature required. But need someone who has known the child for X amount of time to sign paperwork and endorse photo. Turnaround is pretty quick too from Canberra.

[Guest treesea]

I think if you can prove that you are staying in the UK permanently then you should be able to claim

 

Income Support

Tax Credits

Child Benefit

 

Make sure you phone the day you arrive as your claim will begin as soon as you contact them.

 

UK Passports - very easily done if the mother is British. Only the mothers signature required. But need someone who has known the child for X amount of time to sign paperwork and endorse photo. Turnaround is pretty quick too from Canberra.

 

If you are entitled to working tax credit or income support or job seekers allowance, then you will also be entitled to housing benefit and council tax benefit. It's important to apply the day you sign the lease, because it isn't backdated from the application date.