jasminewd

You can either read the Universal Credit rules which are on the Internet on government sites and discussed on various other sites, or look on the CAB site.

jasminewd

Yes it is. If you read the rules on Universal Credit benefit, you will note that parents have to meet minimum income floors each. One parent is the worker (must earn 35 hours at NMW per week) and the carer parent's MIF (hours per week at NMW) is based on the age of their youngest child. Or one parent can earn both their MIFs.

Age 1, and the carer parent must start getting ready for work.
By age 3 it is 20 hours a week @ NMW MIF for the carer parent or sigle parent.
By the time the youngest is age 12, both parents MIF is 35 hours a week @ the hourly NMW, each.

Those who say they are self employed, have their UC claim based on either what they should earn or what they are eaning (whichever is the higher). There is a 12 month exemption for new start ups but no more new start ups to try to avoid the UC SE rules, for 5 years.

This has been all over the internet for years, to prepare people for when UC came in. Many will end up better off on UC as there is no sudden cut -off of benefits as they earn more and they are the ones looking forward to the changes.

There is a UC roll out on the governmnent site, showing which areas are going on the UC full service every month. The UC FS area has different rules for claimants, to those areas still in a UC Legacy area.

Most people know all this and I only joined today as I wanted the person returning to the UK, to know the benefit rules, rather than get a nasty shock. If they are in a UC FS area (which they all will be soon) it's a two year wait for UC. They might want to find out if they country they have been living in, will pay them benefits for a while when they move back to the UK.

Editha

You have misunderstood the rules.

petitefrancaise

Hi,
I've been looking on the CAB site but can't find a reference to habitual residence and universal credit. Would you mind posting a link to whatever you can find? Thank you

jasminewd

Would a mod unsubscribe me now please? I only joined to help Dawn as I couldn't bear the thought of someone with a child finding out too late that they couldn't get the benefit help they hoped for on return to the UK, and are in a UC full service area (which all will be soon).

The rest of you asking me for things- sorry, but I am a single mother who works, with a toddler and my time with my little gilr is precious to me. I hope you understand. All the information is easy to find on the internet. X

christmasoompa

We can't unsubscribe you from the thread, only you can do that - go to your profile to do so.

OP, in the absence of Jasminewd posting an official link to back up her claims, I would suggest you go with the guidelines as posted above by others, and check with your local CAB to be sure.
HTH.

spouse of scouse

Hi Jasmine.

A British citizen living anywhere can use the benefit calculators to determine their potential eligibility for when they return to the UK to live.

I believe you have confused a British citizen returning to the UK after living overseas (which the OP is), with the temporary absence 1 month rule, which states a person will lose their UC payment if they are out of the UK for more than 1 month, unless it's for a specified reason (including medical treatment).

For an overview of UC claim conditions, see here:
http://revenuebenefits.org.uk/univer...o-can-claim#In Great Britain requirement
A link in the above will take you to a detailed examination of the law as it applies to UC claimants, including the requirement for habitual residence and the 1 month rule applying to temporary absences, see here:
https://www.gov.uk/government/upload...8953/admc1.pdf

BristolUK

Indeed.

A freedom of information enquiry drew the following response regarding the situation where someone has been temporarily absent during the period of a UC claim that they are already being paid for. The permitted period of a month or the longer period allowed as mentioned.

It applies to someone who has already been receiving UC and who is away longer than the permitted period.
It's going to 'catch' someone who has only been in the UK, say, for a year, satisfies the HRT, gets UC but then goes abroad for more than a month (not medical reasons) and then will not have satisfied the two years.

I can't make any sense of it, other than to doubt someone's residency if they've only been in the UK for under two years and then have a lengthy period abroad.

But CAB, Rightsnet, and others all have the HRT applying to UC in the same as for the other means tested benefits.

If those forums are talking about two years qualifying for UC it could be that this minor aspect (in the grand scheme of things) has been misunderstood and passed around from forum to forum in the same way as Jasmine appears to be doing now and not wanting to hang around to confirm with a source.

verystormy

I can just say, we got UC last year. We had been out of the U.K. nearly 9 years and back in the UK four months.

spouse of scouse

Australia has similar types of permanent and temporary residency rules for income support payments. Off the top of my head, I think over 4 weeks absence from the country means an unemployment or sickness (not disability) based payment will be cancelled and the person will need to reapply.

Also the Australian age pension - my Brit husband, who'd lived and worked in Australia for 25 years, qualified for a part-age pension before we left to move to the UK. As the Oz age pension is portable, he can continue to receive it while he lives overseas, providing he continues to meet the income and assets criteria.

Whereas I, who was born, lived and worked in Australia all my 57 years before moving to the UK, would be required to return to Australia if I wanted to apply for the age pension. I'd have to provide proof that I had returned to live permanently (as well as pass the income and assets test of course), and I'd lose the pension if I moved overseas within the following 2 years.

spouse of scouse

morpeth

In that instance does it matter whether Class 1/2 or Class 3 contributions ? I thought contribution-based JSA was only from Class 1 contributions ?

BritInParis

Correct, only Class 1 contributions count towards contribution-based JSA.

morpeth

by the way, if one does work online paid in north America. but resident in UK for tax purposes, should the person be paying class 1 or can they on such work ?

morpeth

Thanks as usual for your helpful response.

I find the three month HRT vs Ordinary Resident a bit confusing. if one moves back, resident for tax purposes, but then go away and work elsewhere for a few months temporarily- I wonder if then the three month starts over again ?