Snap Shot

Thanks, a most useful link

Pomster

to get contributions based JSA, you have to have paid sufficient NI contributions (ones paid from overseas are not sufficient...think they have to be the PAYE linked ones) in the two preceding tax years, so 2010-2011 and 2011-2012 currently.

Even then it is only £70ish quid a week for 26 weeks.
Income based is not available if you have over £16k in savings

BristolUK

You are Linda Evangelista* and I claim my five founds.

scot47

There is a Habitual Residency Test for those arriving and claiming benefite. This is about to be tightened up becaseu of the media-engendered panic about new arrivals from the EU expected in Januray. To prevent a few Romanian and Bulgarian citizens claiming benefits, DWP are introducing new rules to make it difficult for anyone to claim for the first twelve months. Watch this space.

windsong

So this will affect British citizens who are returning, too, probably. Just not right!

WhoFan63

I shouldn't think so...but I could be wrong. I thought it only applied to nationals of other countries coming to the UK to live permanently? I'm pretty sure someone here will help clarify !

WhoFan63

Just found this on the Internet and thought it might help !

If you come to the UK from abroad and want to claim certain benefits, you must pass a test, known as the habitual residence test. This test is carried out to make sure that if you're planning to claim benefits, you've a legal right to be in the UK and that you're intending to settle here and make it your home for the time being.

The test applies to British citizens returning to the UK after time abroad, as well as people coming to the UK from other countries.

The right to claim benefits depends on what terms you've been allowed to enter the UK. This is called your immigration status. If you have limited rights and are subject to immigration control, you may damage your chances of being allowed to stay in the UK if you try to claim benefits. If you are in any doubt about your immigration status, you should always seek specialist advice first.

Englishmum

This is an explanation of the new 'Universal Credit' which will be replacing many benefits. It begins in April 2013 in parts of Oldham, Tameside, Warrington and Wigan and will be nationwide by October:

http://www.netmums.com/lifestyle/mon...n-introduction

JaniceRae

I am also going through the same problem of wanting to go back.If you want to claim unemployment benifits then you can only have 16 thousand GBP in savings.
If you leave Australia before pension age you will not get your pension as you have to be here 2 years before and 2 years after your birthday to claim,before it can be transfersd to the UK but some countries do not have a wait period.Also Australia is regarded as a welfare benifit as we pay into supers and it is mean tested. I have been told that having worked in Australia goes to wards your credits in Uk for pension.
If it is job seekers you are after and have less than 16 in bank you should be o.k.
Get in touch with the citizens advice centre in the town you wish to move to and they will put you on the right path, I have heard you should see them first so you can claim what you are intitled to.

SanDiegogirl

Why is this ruling not right?

Benefits are paid out of taxation - resident taxpayers. If you have been out of the country for years and not paying taxes in the UK, is it 'fair' that you should get benefits from a system you have not paid into? British citizen or not.

One is continually hearing about the outcry of immigrants and foreigners entering the UK and abusing the benefits system. The complaint is that they have not paid anything into the system.

So I don't see that, even if you are British, having lived abroad for years, that you are entitled to such payments either.

There is a proposal afoot that no-one entering the UK be eligible for benefits for the first two years of residency.

Shellyj

Personal Independence Payments are replacing Disability Living Allowance starting April for part of the country, June for the rest for new claims.

One of the eligibility criteria is the "presence and residence tests" which is what they are trying to attach to all benefits and will apply to everyone, British, European or anyone else that free of immigration control.


Residence and Presence
Claimants will need to be present in Great Britain,
have been present in Great Britain for 104 weeks out of the past 156 weeks and be habitually resident in the UK,
the Republic of Ireland, the Isle of Man or the Channel Islands.
They must not be subject to immigration control.
The maximum permitted period of temporary absence abroad before it affects PIP entitlement is up to 13 weeks or 26 weeks if the claimant is
receiving medical treatment abroad.

I think its totally right. We cant rant about 'others' coming to claim benefits or use the NHS they are entitled to use if we are going to do the same by fliting off out of the country for years and come back on hard times claiming entitlement.

roaringmouse

Minor addition to this - PIP is replacing DLA for those between 16 and 64, so for example DLA will still apply for children under 16 which might be relevant to some people.

ElizabethK

This, if it comes into practice would be a good thing (in my opinion).

Hopefully if they stick to their guns and make sure it's followed to the letter 100%, it would surely prevent benefit seekers coming in from all over the place and draining resources.

BristolUK

What about spouses who have separated and want to return home?

Is it the streets for them? Are they to be punished for daring to fall in love with someone from another country or even follow their Brit partner abroad?

Or those who were taken as children by parents and now they want to come back?

Is there anyone else we can punish while we're at it?

JaniceRae

Maybe I did not make myself clear I am not looking for benifits I have never claimed any benifits and if I do come back I shall be self funded, my complaint is that I have paid high taxes yet if I return I cannot get a pension from Australia yet they pay countries like Vietnam.
Any one if citizen can fall on hard times if you are willing to get up and get a job then you should be helped to get one, there is people who have never worked a day in there lives yet expect to be paid benifits.also here in Australia we have Australians struggling after there houses were destroyed with floods and have received very little help.Yet someone arriving on a boat gets almost10 thousand dollars, free medical,dentist, private schools, baby pack, food, housing e.t.c that's what is draining the countries not the citizens who were born there and want work. This place is to multicultural now it is like living in Asia that's why I want to come home ,and many more like me.