bflare

I have recently posted about my 60 year old Father who is moving back to Britain after 4 years in Italy due ti ill health. I know that he will need to satisfy habitual residence & it can be immediate or up to 3 months. What I cannot determine is whether he will be able to make a claim for ESA or the new Universal credit. According to different websites even if you pass the habitual residence before 3 months you cannot claim JSA until you have been present in Britian for that length of time. Because he basically cannot walk he wont be able to claim JSA it would be ESA but does this 3 month rule also apply to ESA / UC? Does this rule apply to housing benefit too?

Thanks.

BritInParis

The HRT applies to UC and income-based JSA/ESA.

bflare

Thanks for your reply. Yeah I understand that the HRT applies to the UC, JSA/ESA. What I am trying to establish is whether the 3 month JSA rule applies to ESA. Taken from the CAB website:From tomorrow (1 January 2014), tough new rules come into force to ensure that migrants don’t take advantage of the British benefits system.As part of the government’s long-term economic plan to get people off benefits and into work, a series of reforms have been put in place to make sure migrants wanting to come to this country do everything they can to find a job.From 1 January all EU jobseekers will have to wait for 3 months before they can apply to claim income-based Jobseeker’s Allowance (JSA). This will make sure that only people who have a legal right to be in the UK and plan to contribute to the economy have access to our welfare system.

Basically my Father cannot claim JSA because he is unable to work so he would be claiming ESA or UC but does he have to wait the 3 months before he can claim ESA / UC? I do not mean does he have to pass the HRT because there is a chance that due to him been a returning Britain he may pass it quicker than the maximum length of 3 months. So basically say he is classed as Harbitual resident after 2 weeks can he start to claim ESA/UC or has he to wait 3 months like the JSA rule above?

BritInParis

If he passes the HRT based on his circumstances then he can claim any means tested benefits he is entitled to straight away. If not then he will need to wait at least three months.

bflare

Ah right. Ok thanks for your help.

BritInParis

I would go and speak to CAB before your father gets home and find out exactly what he could be eligible for and then it’s just a matter of applying as soon as he gets back. Hepl likely need to make an appointment at the local Jobcentre Plus. He may not get the payments immediately but at least he’ll be in the system ready to go when he does become eligible.