BristolUK

It could be.

For returning Brits it should, in theory, be easier. But you need to show you have returned rather than just paying a visit.

General points: Most returnees will have made arrangements that make their intentions clear. Did you sell a home/give up a tenancy? Close a bank account? Buy a one way ticket? Move your belongings back or to follow? What about the rest of your immediate family?

There may be very good reasons why a couple of these sorts of things cannot be shown but the more there are of them, the less clear a permanent return looks.

nwtrucker

Well said.
Now, everyone come on in and help yourselves!!

shak

Thanks, good to know. I don't expect all cases to be the same, but it's good to hear other people's experiences. I'll prepare myself and I guess I'll just see what happens when I get there

geeandtee

Decision letter arrived today. I am not entitled to contribution-based Jobseekers Allowance and probably not entitled to income-based either, because my husband works more than 24 hours a week. The fact that it means sod all after nearly half our monthly income goes on the rent is not of concern to the Department of Work and Pensions.

Off to CAB on Tuesday. Am very, very stressed.

BristolUK

That exclusion was a ruse from the then tory government to remove benefit entitlements from the unemployed because the unemployed person then didn't count as being unemployed for stats purposes.

However, the various working tax credits may kick in instead.

Housing Benefit for rent is also a possibilty.

The CAB will point you in the right direction.

steviedeluxe

It can be very stressful dealing with all the bureaucracy, so I feel for you. Is there no possibility of getting some part-time work yourself? By the time you spend filling in forms, attending appointments etc I bet you feel you've worked quite a lot already! Otherwise, as has already been suggested, try the tax credit (and housing benefit route). It does mean a whole new set of forms to fill in, but I suspect you'd have more success. Good luck!

geeandtee

thanks guys. We're getting tax credits and child benefit. We don't qualify for housing benefit because we're above the threshold. It's the rent that's killing us...it's 700 quid a month because we're in a commuter village (close to Swindon). We are now on the housing list so I have to check the web site once a week to see what properties we can 'bid' for.

We're getting there slowly and hubby's boss says he's going to help us out. He's been pretty generous already so we're lucky in that respect. Plus, this is such a beautiful part of the country and we love it here. So it's not all bad. Just tight sometimes.

England1971

If you can, appeal against the decision and also go to CAB, who will point you in the right direction and give you all the advice you need. They will tell you what you would be entitled to for both you and your husband.

Good luck!

BristolUK

If JSA (contributions version) isn't due because there is no contribution record to qualify and JSA (income based) isn't due because of a spouse working more than the maximum allowed (unless that is disputed) there's no point in an appeal as they are factual issues; there is no discretion or different interpretation possible in such matters.

Most refusals of JSA regarding Brits returning are Habitual Residency related and that's a different problem.

Pollyana

So - bear with me cos I'm just starting to get my head round the Habitual Residence etc - if I was to move back from Australia, with proof of an ended tenancy here, closed bank account, given up my job, and hadn't managed to get a job before I move, is it worth signing on asap, even though I might not get any money for several weeks? This would be a move with only a few (single figures) thousand $$, so into rented accommodation or staying with friends at first. And I'm single, so no spouse earnings to take into account.
I've got about 17 years NI payments, but nothing since 2003, though I am looking to fix that........

Bermudashorts

Yes, it would be worth applying on this basis.

Pollyana

Thanks

BristolUK

Just a couple of things to beware of though.

There are some staff who like to apply a qualifying period. Other JSA/HRT threads show some have imposed 3 months and 6 months. No such period (nor rule) exists and plenty have been paid without one.

The more you can do to show it's a planned return, the better. That would include applying for jobs before claiming for JSA too. And opening a new bank account (or resurrecting an old one) as well as closing the old one.

Sometimes it runs less smoothly if you claim from an office less used to the subject. Some offices deal with it far more often than others.

It's a good idea not to go and start a claim on the first day there. That doesn't go down well and won't win you any favours.

If you have money it looks better if you fund yourself for a week or two before applying.

Pollyana

Yeah that makes sense I guess, waiting before signing up. I already have a UK bank account so I'd be recording a change of address of it, that sort of thing. Plus plenty of evidence of applying for jobs before even returning - I suppose even proof of suddenly deciding to make up NI payments could even be used in support of it being a planned return?

BristolUK

Well, plenty of people abroad and not returning do that anyway, with an eye on their pension even if it is frozen in some countries
But plugging a gap between old contributions and the expected new ones could come across that way.

Signing up for a long term tenancy would be good.

One other thing. In the event of being turned down as not habitually resident when there's plenty to say otherwise, ask for a review/appeal. That usually means someone more familiar with the finer points gets to see it. Ultimately if they feel they can't persuade a tribunal of the correctness of their decision, it won't go that far.

Perversely, it was an appeal tribunal that arbitrarily allowed benefit after what they decided was a reasonable period in the UK and some staff took their lead.