7 months pregnant, denined benefits!!!!!!
Jun 11th 2013, 12:18 pm
#16
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: 7 months pregnant, denined benefits!!!!!!
Looking at the DWP rules/guidance on this (http://www.dwp.gov.uk/docs/dmgch0703.pdf) the following may be relevant
Resuming a previous habitual residence
071348 There may be special cases where a person who has previously been habitually resident in the UK resumes that habitual residence immediately when he returns to the UK following a period living abroad1. The only element of habitual residence that is bypassed by a returning former resident is the need to be resident in the UK for an appreciable period. Factors to be considered in deciding whether the previous habitual residence has been immediately resumed include the settled intention to remain, whether the person is in a position to make an informed decision about residence in the UK, the ties and contacts with the UK retained or established by the person while abroad, the reasons why the claimant left the UK and became habitually resident elsewhere, the similarity between their residence in the UK now and when they were previously here, and the length of the period of absence2. This is a different situation to that where a person is temporarily absent from the UK and does not lose their habitual residence during that period of absence.
1 House of Lords, Nessa v CAO (1999) 1WLR 1937 HL; 2 CIS/1304/1997 and CJSA/5394/1998
071348 There may be special cases where a person who has previously been habitually resident in the UK resumes that habitual residence immediately when he returns to the UK following a period living abroad1. The only element of habitual residence that is bypassed by a returning former resident is the need to be resident in the UK for an appreciable period. Factors to be considered in deciding whether the previous habitual residence has been immediately resumed include the settled intention to remain, whether the person is in a position to make an informed decision about residence in the UK, the ties and contacts with the UK retained or established by the person while abroad, the reasons why the claimant left the UK and became habitually resident elsewhere, the similarity between their residence in the UK now and when they were previously here, and the length of the period of absence2. This is a different situation to that where a person is temporarily absent from the UK and does not lose their habitual residence during that period of absence.
1 House of Lords, Nessa v CAO (1999) 1WLR 1937 HL; 2 CIS/1304/1997 and CJSA/5394/1998
Jun 11th 2013, 12:42 pm
#17
BE Forum Addict
Joined: Dec 2008
Posts: 3,396
Re: 7 months pregnant, denined benefits!!!!!!
Although once baby arrives, there isn't the "resident 26 weeks" rule for child benefit and child tax credits. If still living in the UK at that point, best to get onto those applications as soon as the baby is born (need to get tax credits one in before October, otherwise it will be a universal credit application).
Jun 11th 2013, 12:53 pm
#18
Oscar nominated
Joined: Jan 2008
Location: Moncton, NB, CANADA
Posts: 50,769
Re: 7 months pregnant, denined benefits!!!!!!
Personally as a parent I would expect my full lifetime UK contributions, and those of my spouse to ensure that my daughter, who had lived in the UK for 18 years, got taken care of, even after both I and my wife passed away. Surely that's not unreasonable? A few assumptions I know but let's look at it from her parent's point of view too.
I think it's something to be proud of that the UK will generally look after people and not just leave them to fend for themselves.
Jun 11th 2013, 4:14 pm
#19
BE Enthusiast
Joined: Sep 2008
Posts: 401
Re: 7 months pregnant, denined benefits!!!!!!
Personally as a parent I would expect my full lifetime UK contributions, and those of my spouse to ensure that my daughter, who had lived in the UK for 18 years, got taken care of, even after both I and my wife passed away. Surely that's not unreasonable? A few assumptions I know but let's look at it from her parent's point of view too.
Jun 11th 2013, 6:40 pm
#20
Ping-ponger
Joined: Jul 2002
Location: Dreich Alba
Posts: 12,005
Re: 7 months pregnant, denined benefits!!!!!!
I understand the emotion behind it, of course, but contributions are not held in trust, either for you or your dependants. What one pays in contributions now are used more or less now to fund government commitments, it's not as if you're storing money up for the future and it wouldn't be practicable for the system to work in such a way.
Jun 11th 2013, 8:26 pm
#21
Lost in BE Cyberspace
Joined: Jan 2008
Posts: 41,518
Re: 7 months pregnant, denined benefits!!!!!!
Personally as a parent I would expect my full lifetime UK contributions, and those of my spouse to ensure that my daughter, who had lived in the UK for 18 years, got taken care of, even after both I and my wife passed away. Surely that's not unreasonable? A few assumptions I know but let's look at it from her parent's point of view too.
Quite ridiculous.
Jun 11th 2013, 9:55 pm
#22
Oscar nominated
Joined: Jan 2008
Location: Moncton, NB, CANADA
Posts: 50,769
Re: 7 months pregnant, denined benefits!!!!!!
I think maybe englishguygoinghome's comments might have been taken too literally.
He may not mean HIS contributions should have been banked for any future needs of his and/or dependents.
I took it to mean that such contributions are there for a system for people when they need it whether it be for his daughter or someone else's daughter.
He may not mean HIS contributions should have been banked for any future needs of his and/or dependents.
I took it to mean that such contributions are there for a system for people when they need it whether it be for his daughter or someone else's daughter.
Jun 11th 2013, 11:24 pm
#23
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,439
Re: 7 months pregnant, denined benefits!!!!!!
Last edited by Pulaski; Jun 11th 2013 at 11:29 pm.
Jun 11th 2013, 11:57 pm
#24
Lost in BE Cyberspace
Joined: Jan 2006
Location: San Francisco
Posts: 12,865
Re: 7 months pregnant, denined benefits!!!!!!
I think maybe englishguygoinghome's comments might have been taken too literally.
He may not mean HIS contributions should have been banked for any future needs of his and/or dependents.
I took it to mean that such contributions are there for a system for people when they need it whether it be for his daughter or someone else's daughter.
He may not mean HIS contributions should have been banked for any future needs of his and/or dependents.
I took it to mean that such contributions are there for a system for people when they need it whether it be for his daughter or someone else's daughter.
Jun 11th 2013, 11:59 pm
#25
Firetrak
Joined: Mar 2004
Posts: 577
Re: 7 months pregnant, denined benefits!!!!!!
What ever happened to personal responsibility? I am all in favour of supporting those whose who are unfortunate, but to arrive at 7 months of a pregnancy and for whatever reason having abandoned her home of choice, find herself virtually destitute and trying to squeeze support from the British taxpayer appears (based on the limited available facts of the case provided by the OP) to be totally irresponsible and is reprehensible.
Jun 12th 2013, 12:25 am
#26
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Joined: Jul 2003
Location: Finally moving!
Posts: 1,236
Re: 7 months pregnant, denined benefits!!!!!!
But that is no reason to deny support to a pregnant woman born and raised in Britain. The soon-to-be child is an innocent party in this and should not be punished for the imprudence of the mother. Compassion is the order of the day, we all make mistakes, I'm sure the young woman did not intend things to turn out this way. Living on the dole is no picnic, but mother and child must not be placed in mortal danger if society has not completely collapsed.
Pregnant women are people of priority need in Britain. Britain was (in 1951) the main author of, and persuaded others to sign, the European Convention on Human Rights for good reason.
Jun 12th 2013, 12:38 am
#27
Oscar nominated
Joined: Jan 2008
Location: Moncton, NB, CANADA
Posts: 50,769
Re: 7 months pregnant, denined benefits!!!!!!
7 months pregnant at the time of posting but the original post said been back about 12 weeks. (I missed it originally too) So only 4 months or so.
The first post said they were dead.
The first post said they were dead.
Jun 12th 2013, 12:41 am
#28
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,652
Re: 7 months pregnant, denined benefits!!!!!!
The OP has not communicated since her original posting - one would have thought that she might have provided more information to the responders, considering the responses her circumstances have evoked.
Maybe that's the purpose of the original posting? We do after all get very het up where benefits, welfare and state obligations are concerned.
Me thinks we have all got heated up over nothing.
and we will never hear from poster again.
Maybe that's the purpose of the original posting? We do after all get very het up where benefits, welfare and state obligations are concerned.
Me thinks we have all got heated up over nothing.
and we will never hear from poster again.
Jun 12th 2013, 12:56 am
#29
Lost in BE Cyberspace
Joined: Jan 2008
Posts: 41,518
Re: 7 months pregnant, denined benefits!!!!!!
The OP has not communicated since her original posting - one would have thought that she might have provided more information to the responders, considering the responses her circumstances have evoked.
Maybe that's the purpose of the original posting? We do after all get very het up where benefits, welfare and state obligations are concerned.
Me thinks we have all got heated up over nothing. and we will never hear from poster again.
Maybe that's the purpose of the original posting? We do after all get very het up where benefits, welfare and state obligations are concerned.
Me thinks we have all got heated up over nothing.
and we will never hear from poster again.
Jun 12th 2013, 12:58 am
#30
.
Joined: Jun 2010
Location: Peterborough, Cambridgeshire
Posts: 2,744
Re: 7 months pregnant, denined benefits!!!!!!
More holes in OP story than swiss cheese.
P.S. If she is for real, she will get help. I assume the baby will be born in hospital in Britain. Then mother and baby will both be homeless on discharge from hospital. The local authority have a duty of care to house them and make sure they get the relevant benefits.
P.S. If she is for real, she will get help. I assume the baby will be born in hospital in Britain. Then mother and baby will both be homeless on discharge from hospital. The local authority have a duty of care to house them and make sure they get the relevant benefits.
Last edited by Snap Shot; Jun 12th 2013 at 1:01 am.
