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Old Mar 7th 2013, 1:41 pm   #1
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Question Benefits upon returning to UK

Sorry if this has been covered before....I did try to find it.

As a returning citizen, what are the rules regarding benefits?
This particular situation is as follows. Ex has decided to leave Oz, give up a well paid job in Australia, and return to the UK to live but he will not be earning. Is he entitled to anything intially?
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Old Mar 7th 2013, 9:27 pm   #2
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Default Re: Benefits upon returning to UK

Hi lady

You might get some answers from the 'moving back to UK' forum x
http://britishexpats.com/forum/moving-back-uk-61/
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Old Mar 8th 2013, 4:25 am   #3
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Default Re: Benefits upon returning to UK

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Originally Posted by Jilliebee View Post
Hi lady

You might get some answers from the 'moving back to UK' forum x
http://britishexpats.com/forum/forumdisplay.php?f=61
I'll move the thread
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Old Mar 8th 2013, 5:45 am   #4
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Default Re: Benefits upon returning to UK

Entitled to immediate health care coverage under NHS. Not sure if that's what you mean by benefits, but coming from the States, it's a big one for us.
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Old Mar 8th 2013, 1:59 pm   #5
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Default Re: Benefits upon returning to UK

Quote:
Originally Posted by ladywithatorch View Post
Sorry if this has been covered before....I did try to find it.

As a returning citizen, what are the rules regarding benefits?
This particular situation is as follows. Ex has decided to leave Oz, give up a well paid job in Australia, and return to the UK to live but he will not be earning. Is he entitled to anything intially?
If he had a well-paying job, hasn't he enough in savings to pay his way for six months or so, by which time he may be on his feet & earning etc.?
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Old Mar 8th 2013, 3:26 pm   #6
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Default Re: Benefits upon returning to UK

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Originally Posted by robin1234 View Post
If he had a well-paying job, hasn't he enough in savings to pay his way for six months or so, by which time he may be on his feet & earning etc.?
I think they are asking which benefits are not means tested.
NHS and (for now) child benefit (formerly family allowance) are an obvious two.

Generally, those benefits which are means tested are (by and large) subject to tests as to duration of residence.
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Old Mar 8th 2013, 4:26 pm   #7
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Default Re: Benefits upon returning to UK

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Originally Posted by holly_1948 View Post
I think they are asking which benefits are not means tested.
NHS and (for now) child benefit (formerly family allowance) are an obvious two.

Generally, those benefits which are means tested are (by and large) subject to tests as to duration of residence.
I thought Family Allowance was now means tested? Although so much has changed regarding all benefits in the UK since I lived in USA anything could've happened
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Old Mar 8th 2013, 4:47 pm   #8
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Default Re: Benefits upon returning to UK

He won't be entitled to anything initially, not until he proves permanent residency and his situation assessed to see if he qualifies for any benefits.

Access to the NHS is about the only thing he will have access to.
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Old Mar 8th 2013, 6:15 pm   #9
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Default Re: Benefits upon returning to UK

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Originally Posted by ElizabethK View Post
I thought Family Allowance was now means tested? Although so much has changed regarding all benefits in the UK since I lived in USA anything could've happened
Yes, it is, with £50,000 being an important cut-off salary for an individual parent (but two parents can each earn £49,999 - figure that one out!)
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Old Mar 8th 2013, 6:36 pm   #10
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Default Re: Benefits upon returning to UK

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Originally Posted by SanDiegogirl View Post
... Access to the NHS is about the only thing he will have access to.
Probably.
But there are other things that are not means tested and available to residents from the very first day.
Fairly obscure things - pensioners winter fuel allowance, Free TV licence over 75 years, free bus passes over 60 in some places, attendant's allowance for disabled persons.

And more.

Then for things that do require means testing and a period of residence, the length of the qualifying period residence varies and it might be nice to know in what way it varies.
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Old Mar 8th 2013, 6:42 pm   #11
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Default Re: Benefits upon returning to UK

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Originally Posted by dunroving View Post
Yes, it is, with £50,000 being an important cut-off salary for an individual parent (but two parents can each earn £49,999 - figure that one out!)
This change apparently came into effect on 7 January 2013. http://www.bbc.co.uk/news/business-17854937

However it is available from the very first day of taking up residence, without any qualifying period. Which may be key. It should be applied for without delay (if you have children) because the act of merely applying for it provides evidence of other entitlements.
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Old Mar 8th 2013, 11:25 pm   #12
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Default Re: Benefits upon returning to UK

I wonder whether job seekers allowance is available to British citizens who go back but don't have a job lined up?
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Old Mar 8th 2013, 11:37 pm   #13
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Default Re: Benefits upon returning to UK

ElizabethK, I wonder the same thing. I've paid enough NI over the years so I'm hoping it will be a straightforward form filling exercise. Should I ever return that is !
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Old Mar 9th 2013, 2:58 am   #14
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Default Re: Benefits upon returning to UK

Quote:
Originally Posted by ElizabethK View Post
I wonder whether job seekers allowance is available to British citizens who go back but don't have a job lined up?
There is a document on relevant case law here:
http://www.parliament.uk/briefing-papers/SN00416.pdf
It is clear that applying immediately on arrival definitely would not fly. But after a week later it very well might be different.

My take on that case law document is that the most likely outcome is that a person in the situation described would in fact be entitled to income-based JSA but it would not be available. That is to say it would likely be automatically refused after trivial review, but after appeal you would eventually get the money. Just not in any timely manner. It would help to be a member of a trade union that would fight on your behalf.

That's just my interpretation, others will see it contrariwise.
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Old Mar 9th 2013, 4:23 am   #15
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Default Re: Benefits upon returning to UK

Quote:
Originally Posted by holly_1948 View Post
There is a document on relevant case law here:
http://www.parliament.uk/briefing-papers/SN00416.pdf
It is clear that applying immediately on arrival definitely would not fly. But after a week later it very well might be different.

My take on that case law document is that the most likely outcome is that a person in the situation described would in fact be entitled to income-based JSA but it would not be available. That is to say it would likely be automatically refused after trivial review, but after appeal you would eventually get the money. Just not in any timely manner. It would help to be a member of a trade union that would fight on your behalf.

That's just my interpretation, others will see it contrariwise.
Well, I'll certainly give it a try because after all I have paid NI contributions and still do, and I will be seeking a job too. If I get denied so be it, but if I don't try then I'll never know
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