Habitual Residency Test - Your experiences/thoughts please!!
#1
Habitual Residency Test - Your experiences/thoughts please!!
Just wondering how other folk faired at the mercy of the DWP - 8 weeks on & I'm still 'pending'.......
#2
Re: Habitual Residency Test - Your experiences/thoughts please!!
Mine took about 6 weeks from memory. It was over a year ago. But i was passed ok and got help.
#3
Forum Regular
Joined: Feb 2009
Location: Nebraska
Posts: 64
Re: Habitual Residency Test - Your experiences/thoughts please!!
Also what is the point of this test. I am a brit living in the US on a green card been here over 10 years now. I am so lost
#4
Re: Habitual Residency Test - Your experiences/thoughts please!!
Absolutely not. Have a look at the other threads on the subject.
People claiming UK benefits have to be Habitually or ordinarily resident in the UK. Nationality is irrelevant, it applies to all people applying for various benefits.
It is supposed to be easier than it was for people returning to take up residency they had previously.
Much depends on where in the UK one claims - in some areas, staff rarely come across the issue and are not up to date on the latest rules. On the other hand some people claim they are resident/returning....get benefits or medical treatment and then go back to the country they claim to have left. They make it harder for those genuinely returning.
If one is genuinely returning there are certain things that will back that up. A one way ticket; something to show property sold/lease ended; bank account closed/new one opened; registration with a new doctor; what else was done to suggest a new life in the UK...job lined up or job search activity? Home search?; Brought your belongings with you?
Sometimes it's as simple as I was only living there for work or marriage and now the work/marriage is over so I'm back.
People claiming UK benefits have to be Habitually or ordinarily resident in the UK. Nationality is irrelevant, it applies to all people applying for various benefits.
It is supposed to be easier than it was for people returning to take up residency they had previously.
Much depends on where in the UK one claims - in some areas, staff rarely come across the issue and are not up to date on the latest rules. On the other hand some people claim they are resident/returning....get benefits or medical treatment and then go back to the country they claim to have left. They make it harder for those genuinely returning.
If one is genuinely returning there are certain things that will back that up. A one way ticket; something to show property sold/lease ended; bank account closed/new one opened; registration with a new doctor; what else was done to suggest a new life in the UK...job lined up or job search activity? Home search?; Brought your belongings with you?
Sometimes it's as simple as I was only living there for work or marriage and now the work/marriage is over so I'm back.
#5
BE Enthusiast
Joined: Aug 2007
Location: USA
Posts: 367
Re: Habitual Residency Test - Your experiences/thoughts please!!
Hello Bristol UK
Hope you are well. I have a senario question that may help some returning people - maybe you could give your thoughts. If an expat returning to the UK had kept a home (or at least an address) in the UK and still had a bank account and had a GP etc... and didn't ever announce that they were leaving in the first place, surely they could apply for assistance/benefits without even mentioning they had ever left the UK?
OR would you need to explain how you had been living without a job for 'x' amount of time or not paid any taxes or explain why you hadn't voted?
Having not seen the forms, it may be that the form asks a direct question 'have you been resident elsewhere in the last 'x' months?
Hope my jibber-jabbering all makes sense
Hope you are well. I have a senario question that may help some returning people - maybe you could give your thoughts. If an expat returning to the UK had kept a home (or at least an address) in the UK and still had a bank account and had a GP etc... and didn't ever announce that they were leaving in the first place, surely they could apply for assistance/benefits without even mentioning they had ever left the UK?
OR would you need to explain how you had been living without a job for 'x' amount of time or not paid any taxes or explain why you hadn't voted?
Having not seen the forms, it may be that the form asks a direct question 'have you been resident elsewhere in the last 'x' months?
Hope my jibber-jabbering all makes sense
Absolutely not. Have a look at the other threads on the subject.
People claiming UK benefits have to be Habitually or ordinarily resident in the UK. Nationality is irrelevant, it applies to all people applying for various benefits.
It is supposed to be easier than it was for people returning to take up residency they had previously.
Much depends on where in the UK one claims - in some areas, staff rarely come across the issue and are not up to date on the latest rules. On the other hand some people claim they are resident/returning....get benefits or medical treatment and then go back to the country they claim to have left. They make it harder for those genuinely returning.
If one is genuinely returning there are certain things that will back that up. A one way ticket; something to show property sold/lease ended; bank account closed/new one opened; registration with a new doctor; what else was done to suggest a new life in the UK...job lined up or job search activity? Home search?; Brought your belongings with you?
Sometimes it's as simple as I was only living there for work or marriage and now the work/marriage is over so I'm back.
People claiming UK benefits have to be Habitually or ordinarily resident in the UK. Nationality is irrelevant, it applies to all people applying for various benefits.
It is supposed to be easier than it was for people returning to take up residency they had previously.
Much depends on where in the UK one claims - in some areas, staff rarely come across the issue and are not up to date on the latest rules. On the other hand some people claim they are resident/returning....get benefits or medical treatment and then go back to the country they claim to have left. They make it harder for those genuinely returning.
If one is genuinely returning there are certain things that will back that up. A one way ticket; something to show property sold/lease ended; bank account closed/new one opened; registration with a new doctor; what else was done to suggest a new life in the UK...job lined up or job search activity? Home search?; Brought your belongings with you?
Sometimes it's as simple as I was only living there for work or marriage and now the work/marriage is over so I'm back.
#6
Re: Habitual Residency Test - Your experiences/thoughts please!!
Hello Bristol UK
Hope you are well. I have a senario question that may help some returning people - maybe you could give your thoughts. If an expat returning to the UK had kept a home (or at least an address) in the UK and still had a bank account and had a GP etc... and didn't ever announce that they were leaving in the first place, surely they could apply for assistance/benefits without even mentioning they had ever left the UK?
OR would you need to explain how you had been living without a job for 'x' amount of time or not paid any taxes or explain why you hadn't voted?
Having not seen the forms, it may be that the form asks a direct question 'have you been resident elsewhere in the last 'x' months?
Hope my jibber-jabbering all makes sense
Hope you are well. I have a senario question that may help some returning people - maybe you could give your thoughts. If an expat returning to the UK had kept a home (or at least an address) in the UK and still had a bank account and had a GP etc... and didn't ever announce that they were leaving in the first place, surely they could apply for assistance/benefits without even mentioning they had ever left the UK?
OR would you need to explain how you had been living without a job for 'x' amount of time or not paid any taxes or explain why you hadn't voted?
Having not seen the forms, it may be that the form asks a direct question 'have you been resident elsewhere in the last 'x' months?
Hope my jibber-jabbering all makes sense
#7
BE Enthusiast
Joined: Aug 2007
Location: USA
Posts: 367
Re: Habitual Residency Test - Your experiences/thoughts please!!
But do they ask the question? Surely they must. I was reading another thread similar to this one about the amount of people living in Spain and other EU countries that are funding their life abroad on benefits and I find this... not shocking but annoying that simple checks are not in place, or maybe they are but people are just happy to take the chance.
#8
Re: Habitual Residency Test - Your experiences/thoughts please!!
But do they ask the question? Surely they must. I was reading another thread similar to this one about the amount of people living in Spain and other EU countries that are funding their life abroad on benefits and I find this... not shocking but annoying that simple checks are not in place, or maybe they are but people are just happy to take the chance.
#9
member
Joined: Jul 2009
Location: Canada
Posts: 169
Re: Habitual Residency Test - Your experiences/thoughts please!!
background and details here for those that need more info
Also a copy of the form from one council
http://www.ageconcern.org.uk/AgeConc...8718E3CD39.asp
http://www.sunderland.gov.uk/Public/...rom-abroad.pdf
Also a copy of the form from one council
http://www.ageconcern.org.uk/AgeConc...8718E3CD39.asp
http://www.sunderland.gov.uk/Public/...rom-abroad.pdf
#10
BE Enthusiast
Joined: Aug 2007
Location: USA
Posts: 367
Re: Habitual Residency Test - Your experiences/thoughts please!!
background and details here for those that need more info
Also a copy of the form from one council
http://www.ageconcern.org.uk/AgeConc...8718E3CD39.asp
http://www.sunderland.gov.uk/Public/...rom-abroad.pdf
Also a copy of the form from one council
http://www.ageconcern.org.uk/AgeConc...8718E3CD39.asp
http://www.sunderland.gov.uk/Public/...rom-abroad.pdf
#11
Re: Habitual Residency Test - Your experiences/thoughts please!!
Hello Bristol UK
I have a senario question that may help some returning people - maybe you could give your thoughts. If an expat returning to the UK had kept a home (or at least an address) in the UK and still had a bank account and had a GP etc... and didn't ever announce that they were leaving in the first place, surely they could apply for assistance/benefits without even mentioning they had ever left the UK?
OR would you need to explain how you had been living without a job for 'x' amount of time or not paid any taxes or explain why you hadn't voted?
Having not seen the forms, it may be that the form asks a direct question 'have you been resident elsewhere in the last 'x' months?
I have a senario question that may help some returning people - maybe you could give your thoughts. If an expat returning to the UK had kept a home (or at least an address) in the UK and still had a bank account and had a GP etc... and didn't ever announce that they were leaving in the first place, surely they could apply for assistance/benefits without even mentioning they had ever left the UK?
OR would you need to explain how you had been living without a job for 'x' amount of time or not paid any taxes or explain why you hadn't voted?
Having not seen the forms, it may be that the form asks a direct question 'have you been resident elsewhere in the last 'x' months?
One could come up with an explanation for no job, no income etc immediately prior to a claim. Some people do it quite legitimately. There are any number of scenarios; living on redundancy pay, living with a partner who was working so didn't bother claimimg, travelling...all kinds of things. But all kinds of things might get one found out.
#12
Re: Habitual Residency Test - Your experiences/thoughts please!!
If people can falsely claim benefits and live in the UK, they can do it falsely and live abroad. But they need to be able to fund a return trip if necessary, account for discrepancies as they arise, trust people who may not be as dishonest as them. The more elaborate the scam the more chance of getting found out.
Let's face it, people have continued to draw money after people have died. It's all do-able...and all find out-able.
Last edited by BristolUK; Aug 7th 2009 at 8:38 pm.
#13
member
Joined: Jul 2009
Location: Canada
Posts: 169
Re: Habitual Residency Test - Your experiences/thoughts please!!
If it's the thread I'm thinking of that scenario described is not true.
If people can falsely claim benefits and live in the UK, they can do it falsely and live abroad. But they need to be able to fund a return trip if necessary, account for discrepancies as they arise, trust people who may not be as dishonest as them. The more elaborate the scam the more chance of getting found out.
Let's face it, people have continued to draw money after people have died. It's all do-able...and all find out-able.
If people can falsely claim benefits and live in the UK, they can do it falsely and live abroad. But they need to be able to fund a return trip if necessary, account for discrepancies as they arise, trust people who may not be as dishonest as them. The more elaborate the scam the more chance of getting found out.
Let's face it, people have continued to draw money after people have died. It's all do-able...and all find out-able.
On the basis of everything is above board, then the system should work
However that said there is as you described ways around everything
Brits as well as outsiders can be masters of deception (bloody good at ripping off the system) as seen in every UK daily rag (benefits cheats).
All one needs to do is read between the lines, stretch the imagination and anything is possible - just work the system
Take me for example, I am not a Brit national & have not lived in the UK since 1972. I do have an NI number & knowingly could return today and be on full pension credit, attendance allowance as well as housing benefit & council tax exemption all within 30-days of my return
I have posted the links to all that is possible & available on these threads somewhere ... its there for everyone
Then again this is not a post or lesson in benefits deception
#14
Re: Habitual Residency Test - Your experiences/thoughts please!!
tut tut, you wouldn't be telling stories out of school would you?
On the basis of everything is above board, then the system should work
However that said there is as you described ways around everything
Brits as well as outsiders can be masters of deception (bloody good at ripping off the system) as seen in every UK daily rag (benefits cheats).
All one needs to do is read between the lines, stretch the imagination and anything is possible - just work the system
Take me for example, I am not a Brit national & have not lived in the UK since 1972. I do have an NI number & knowingly could return today and be on full pension credit, attendance allowance as well as housing benefit & council tax exemption all within 30-days of my return
I have posted the links to all that is possible & available on these threads somewhere ... its there for everyone
Then again this is not a post or lesson in benefits deception
On the basis of everything is above board, then the system should work
However that said there is as you described ways around everything
Brits as well as outsiders can be masters of deception (bloody good at ripping off the system) as seen in every UK daily rag (benefits cheats).
All one needs to do is read between the lines, stretch the imagination and anything is possible - just work the system
Take me for example, I am not a Brit national & have not lived in the UK since 1972. I do have an NI number & knowingly could return today and be on full pension credit, attendance allowance as well as housing benefit & council tax exemption all within 30-days of my return
I have posted the links to all that is possible & available on these threads somewhere ... its there for everyone
Then again this is not a post or lesson in benefits deception
Ummmm.. i think you need to be informed of Bristols background. She worked for the benefits agency when living in UK Thats where all the info comes from.
#15
Re: Habitual Residency Test - Your experiences/thoughts please!!
Take me for example, I am not a Brit national & have not lived in the UK since 1972. I do have an NI number & knowingly could return today and be on full pension credit, attendance allowance as well as housing benefit & council tax exemption all within 30-days of my return.
She?....She???? Not the last time I looked.