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Habitual residence test, universal credit

Habitual residence test, universal credit

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Old Jan 14th 2022, 4:31 pm
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Tzl
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Default Habitual residence test, universal credit

It looks like theoretically it's possible to get UC from day 1, as a returning British national, but has anyone actually managed this?

I lived in Portugal for 3 years, and now have come back to live in UK, and am going to have problems making ends meet if I can't get some benefits soon. I am self employed, but have young kids so can't work many hours.

I have read various threads on this forum, that are really helpful, but they all predate the introduction of universal credit. And Brexit? Will the swaddling case still apply now that we are out of Europe? It's all very stressful and confusing.

Any insight or experiences appreciated. Thanks

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Old Jan 14th 2022, 4:49 pm
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Default Re: Habitual residence test, universal credit

Originally Posted by Tzl
It looks like theoretically it's possible to get UC from day 1, as a returning British national, but has anyone actually managed this?

I lived in Portugal for 3 years, and now have come back to live in UK, and am going to have problems making ends meet if I can't get some benefits soon. I am self employed, but have young kids so can't work many hours.

I have read various threads on this forum, that are really helpful, but they all predate the introduction of universal credit. And Brexit? Will the swaddling case still apply now that we are out of Europe? It's all very stressful and confusing.

Any insight or experiences appreciated. Thanks
You might get assessed for UC from day 1, but you won't physically get the money until you have been assessed for benefits; and that will take place together with the habitual residence test.
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Old Jan 17th 2022, 5:10 pm
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Default Re: Habitual residence test, universal credit

Thank you sandiegogirl for your reply.

Update, for the use of any one facing the same situation; Success! I got approved for benefits from the day I applied, which was four days after l arrived. The decision maker who called me was very friendly and just asked the very basic questions, when did I live abroad, why, did I retain a house, and bank account in the UK. Am I moving back to same house. Did I stay registered with Dr.

He said he thought I had to be back an appreciable period of time, which was minimum a month, but would look into if it was possible to find a way to get me approved right away. One hour later I received a message to say I was approved. It's been 2 weeks since I applied for UC.

I think it rested on the fact that I was working whilst away, so maybe following precident of Swaddling case. I hope this is helpful for others.
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Old Jan 17th 2022, 5:41 pm
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Default Re: Habitual residence test, universal credit

Helpful for others who also want to be on benefits from day one of their return to the UK, you mean ....
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Old Jan 17th 2022, 6:19 pm
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Default Re: Habitual residence test, universal credit

Originally Posted by SanDiegogirl
Helpful for others who also want to be on benefits from day one of their return to the UK, you mean ....
I've paid into the system my whole working life, except the 3 years I was paying social security in Portugal. Now I am single parent of two under twos, I'm working part time, and I could use some help. No shame in that.
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Old Jan 17th 2022, 8:44 pm
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Default Re: Habitual residence test, universal credit

Originally Posted by Tzl
I've paid into the system my whole working life, except the 3 years I was paying social security in Portugal. Now I am single parent of two under twos, I'm working part time, and I could use some help. No shame in that.
No, no shame at all. State support is supposed to be there for when people need a temporary hand up. That's why we pay into it, just like the NHS. That's what it's for. You have paid in, and now, for a bit, you need to withdraw and the State agrees that you have that right. You hold your head up and get on with your life - I'm sure you will pull through this, whatever your 'this' is.
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