Need advice/help again
Unfortunately, it looks like I may have to be a burden on the state for a couple of months before I get a job sorted out etc. Does anybody happen to know if I would be entitled to Income Support after being out of the UK for 4 years. I have looked at the various websites relating to this topic but nothing is really clear and before I ring them I thought I would ask.
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Moving to UK - Can I Claim Income Support?
After being in Germany for 4 years
did you look at this one also?
http://www.dwp.gov.uk/lifeevent/benefits/e...s_abroad.asp#is
"Extra rules for people coming from abroad"
http://www.dwp.gov.uk/lifeevent/benefits/e...s_abroad.asp#is
"Extra rules for people coming from abroad"
I can't say for sure but I think they will take the view that you are not habitually resident in the UK at the time of your application and therefore, would not qualify for Income Support. Their view would be that you had come to the UK with the intention of claiming benefits.
On the other hand, you may be able to get Job Seeker's Allowance.
More likely, you would be able to claim German unemployment benefits for up to three months whilst looking for work in the UK (if you are entitled to those benefits here).
If you could get any kind of work in which you paid UK tax, you would then qualify for assistance from the UK system.
On the other hand, you may be able to get Job Seeker's Allowance.
More likely, you would be able to claim German unemployment benefits for up to three months whilst looking for work in the UK (if you are entitled to those benefits here).
If you could get any kind of work in which you paid UK tax, you would then qualify for assistance from the UK system.
QUOTE
You may be treated as habitually resident if you:
are a refugee
have exceptional leave to enter and remain in Great Britain
have humanitarian protection or discretionary leave to remain in the UK
are a national of the European Economic Area (EEA) who has recently been employed or self-employed in the UK
are a member of the family of a national of the European Economic Area (EEA) who has recently been employed or self-employed in the UK
left Montserrat after 1 November 1995 because of the volcanic eruption
have been deported to the UK.
are a refugee
have exceptional leave to enter and remain in Great Britain
have humanitarian protection or discretionary leave to remain in the UK
are a national of the European Economic Area (EEA) who has recently been employed or self-employed in the UK
are a member of the family of a national of the European Economic Area (EEA) who has recently been employed or self-employed in the UK
left Montserrat after 1 November 1995 because of the volcanic eruption
have been deported to the UK.
Crazy...everything but "if you are a British Citizen"
Out of 40 years I lived there 36, surely that counts for something...
At the end of the day..I am hoping only to need the IS for a couple of months max..it's been killing me sitting around here doing nothing the last couple of months
Hi Andrea
I would not get too worried about it. As far as I am aware you should be able to claim some form of social securiy in Britain, if you have been paying national insurance contributions in Germany. I would actually try ringing up a local DSS in the UK and asking them the question.
Good Luck
ben
I would not get too worried about it. As far as I am aware you should be able to claim some form of social securiy in Britain, if you have been paying national insurance contributions in Germany. I would actually try ringing up a local DSS in the UK and asking them the question.
Good Luck
ben
Rather than call the DSS you may do well to call the citizens advice bureau. They should know the regulations and the most recent test cases which apply to your situation. They can also advise you before you appproach the DSS about how to present your claim.
It may also be worth finding out if you would qualify for any unemployment benefits here which you could then transfer to England when you move.
Andrea,
Have a look at this link, all kinds of info & it does seem that you can get benefits as you have the right to reside in the UK: This is just an example of what I found, Figured if others can post really long winded replies then so can I
The Child Tax Credit (CTC) and Child Benefit
For new claims made on or after 1 May 2004 and during the initial period of derogation from the Treaty of Accession (up to 30 April 2006), entitlement to the CTC and Child Benefit will depend on the claimant, regardless of his or her nationality, having a "right to reside" in the United Kingdom (whether under United Kingdom or EC law). This is in addition to the claimant having to meet the existing tests of being present and ordinarily resident in the United Kingdom. The Tax Credits (Residence) (Amendment) Regulations 2004 and the Child Benefit (General) (Amendment) Regulations 2004 provide respectively that a person shall not be treated as being in the United Kingdom for the purposes of claiming CTC and Child Benefit if they do not have a right to reside in the United Kingdom.
The following groups are regarded as having a right to reside in the United Kingdom when claiming CTC and Child Benefit and, depending on the full facts of their case, should be entitled to these family benefits:
· all United Kingdom and Irish nationals, the former by virtue of the Immigration Act 1971, the latter by virtue of the Common Travel Area (which covers the United Kingdom, the Republic of Ireland, the Channel Islands and the Isle of Man);
· all A8 workers legally working in the United Kingdom, including the self-employed and those employees who have been working in the United Kingdom lawfully for an uninterrupted period of 12 months or more and subsequently lose their job;
· all workers and work-seekers from the other existing EEA member states, Cyprus and Malta; and
· all third country nationals legally resident in another EEA member state and moving to the United Kingdom.
Have a look at this link, all kinds of info & it does seem that you can get benefits as you have the right to reside in the UK: This is just an example of what I found, Figured if others can post really long winded replies then so can I
The Child Tax Credit (CTC) and Child Benefit
For new claims made on or after 1 May 2004 and during the initial period of derogation from the Treaty of Accession (up to 30 April 2006), entitlement to the CTC and Child Benefit will depend on the claimant, regardless of his or her nationality, having a "right to reside" in the United Kingdom (whether under United Kingdom or EC law). This is in addition to the claimant having to meet the existing tests of being present and ordinarily resident in the United Kingdom. The Tax Credits (Residence) (Amendment) Regulations 2004 and the Child Benefit (General) (Amendment) Regulations 2004 provide respectively that a person shall not be treated as being in the United Kingdom for the purposes of claiming CTC and Child Benefit if they do not have a right to reside in the United Kingdom.
The following groups are regarded as having a right to reside in the United Kingdom when claiming CTC and Child Benefit and, depending on the full facts of their case, should be entitled to these family benefits:
· all United Kingdom and Irish nationals, the former by virtue of the Immigration Act 1971, the latter by virtue of the Common Travel Area (which covers the United Kingdom, the Republic of Ireland, the Channel Islands and the Isle of Man);
· all A8 workers legally working in the United Kingdom, including the self-employed and those employees who have been working in the United Kingdom lawfully for an uninterrupted period of 12 months or more and subsequently lose their job;
· all workers and work-seekers from the other existing EEA member states, Cyprus and Malta; and
· all third country nationals legally resident in another EEA member state and moving to the United Kingdom.
Hi Andrea
I was in the same position and I'm afraid the news isn't great. Essentially you will probably be told that you have no entitlement to unemployment benefit or as far as I was told income support unless you have worked at least one day in the last year in Britain - I was advised to simply temp for a day to sort this out but luckily got a job beforehand in the end. It's not strictly true though thanks to EU law. The easiest way to do it, is to register as unemployed in Germany, once you're receiving benefits from the German authorities, ask to claim them in Britain for 3 months as you've a better chance of finding work there. I really don't think you'll have a problem finding work within that time. If this is impossible you are going to need to try and claim on the basis of the Swaddling case - http://www.dwp.gov.uk/advisers/docs/commdecs/is6_99.pdf - but unless your area is particularly clued up on people working abroad, it is likely to take months of wrangling before you get anywhere, which obviously isn't good news. As you've got kids you may be entitled to some emergency help in the meantime with housing from your local authority - as someone said try and get advice ahead of time from a CAB - I found all the officials I spoke to extremely unhelpful. The other thing you need to do is get a E107 from your Krankenkasse - this form shows that you had state medical insurance and entitles you to use the NHS for the fist 6 months until you've reacquired residency. Many doctors will not require this but some do and it's better to be on the safe side.
Good luck
Louise
I was in the same position and I'm afraid the news isn't great. Essentially you will probably be told that you have no entitlement to unemployment benefit or as far as I was told income support unless you have worked at least one day in the last year in Britain - I was advised to simply temp for a day to sort this out but luckily got a job beforehand in the end. It's not strictly true though thanks to EU law. The easiest way to do it, is to register as unemployed in Germany, once you're receiving benefits from the German authorities, ask to claim them in Britain for 3 months as you've a better chance of finding work there. I really don't think you'll have a problem finding work within that time. If this is impossible you are going to need to try and claim on the basis of the Swaddling case - http://www.dwp.gov.uk/advisers/docs/commdecs/is6_99.pdf - but unless your area is particularly clued up on people working abroad, it is likely to take months of wrangling before you get anywhere, which obviously isn't good news. As you've got kids you may be entitled to some emergency help in the meantime with housing from your local authority - as someone said try and get advice ahead of time from a CAB - I found all the officials I spoke to extremely unhelpful. The other thing you need to do is get a E107 from your Krankenkasse - this form shows that you had state medical insurance and entitles you to use the NHS for the fist 6 months until you've reacquired residency. Many doctors will not require this but some do and it's better to be on the safe side.
Good luck
Louise
Andrea,
I too am sure you won't be a burden for long, but you can't expect to prove that to the authorities by saying "Here, look what I did when I was seventeen", however admirable it may have been. If you were to be allowed to claim benefit because you chose to live in the UK, then so could 40 million Poles or 10 million Czechs. EU rules state that EU citizens must be treated equally regardless of which member state they have citizenship.
The solution suggested by someone else seems perfectly logical: You claim your unemployment benefits here and then transfer them to the UK on the grounds that you are far more likely to find work in the UK. You are, of course, entitled to payments from the father of your children, so it's not as if you'll be penniless.
Jean-Pierre
I too am sure you won't be a burden for long, but you can't expect to prove that to the authorities by saying "Here, look what I did when I was seventeen", however admirable it may have been. If you were to be allowed to claim benefit because you chose to live in the UK, then so could 40 million Poles or 10 million Czechs. EU rules state that EU citizens must be treated equally regardless of which member state they have citizenship.
The solution suggested by someone else seems perfectly logical: You claim your unemployment benefits here and then transfer them to the UK on the grounds that you are far more likely to find work in the UK. You are, of course, entitled to payments from the father of your children, so it's not as if you'll be penniless.
Jean-Pierre
QUOTE
I too am sure you won't be a burden for long, but you can't expect to prove that to the authorities by saying "Here, look what I did when I was seventeen", however admirable it may have been
Your are right...but I can prove I contributed for 21 yearsQUOTE
If you were to be allowed to claim benefit because you chose to live in the UK
That I can understand if I had been out of the Country for 30 odd years, but it has only been 4, it is my home.
QUOTE
The solution suggested by someone else seems perfectly logical: You claim your unemployment benefits here
Logical yes...but not applicable. In the 4 years here I was employed for a total of 10.5 months, for unemployment benefit it has to be 1 year here. The rest of the time I was self employed.QUOTE
You are, of course, entitled to payments from the father of your children
QUOTE
Icidentally, they were talking about tax "avoidance", not "evasion"
Is there a difference? The word evade means to escape or avoid
Andrea,
I thought the German courts were very tough on absent fathers who refuse to pay maintenance, but I could be wrong.
Why not do 6 weeks temping to make it up to 12 months. But on the logical side of it, if the German system, in its infinite wisdom, decides you are not entitled to benefits even though you've been paying into the system for the last four years, it would be rather odd if Britain decided differently. Anyway, didn't you say you could get €2000 in benefits without getting up off your backside?
Jean-Pierre
I thought the German courts were very tough on absent fathers who refuse to pay maintenance, but I could be wrong.
QUOTE
Logical yes...but not applicable. In the 4 years here I was employed for a total of 10.5 months, for unemployment benefit it has to be 1 year here. The rest of the time I was self employed.
Why not do 6 weeks temping to make it up to 12 months. But on the logical side of it, if the German system, in its infinite wisdom, decides you are not entitled to benefits even though you've been paying into the system for the last four years, it would be rather odd if Britain decided differently. Anyway, didn't you say you could get €2000 in benefits without getting up off your backside?
Jean-Pierre
QUOTE
I thought the German courts were very tough on absent fathers who refuse to pay maintenance, but I could be wrong.
They are if they are in the Country...I do get what is called unterhalts vorschuss (that is totally spelt wrong)QUOTE
Why not do 6 weeks temping to make it up to 12 months.
Thought of that too, but it has to be a 1 year in a 3 year period...this was a case of bad timing...and now for every month coming it falls off the other end.
QUOTE
But on the logical side of it, if the German system, in its infinite wisdom, decides you are not entitled to benefits even though you've been paying into the system for the last four years, it would be rather odd if Britain decided differently. Anyway, didn't you say you could get €2000 in benefits without getting up off your backside?
I can get benefits just not Arbeitlos geld...I can get what was Socialhilfe but is now Arbeitslos Geld II.
Thing is I don't want to sit on my backside...I want to go out and work.
Anyway it doesn't matter now...I have spoken to the Citizens Advice and some other people in the UK and it seems I can claim.
Turns out as well..that if I stay at my brothers for a week or two and then he kicks me out I could also claim for a house...but I am actually not going to be doing that.
I managed to make a settlement with the ex for the flat...although I lost about 30,000 in the process...I can use the money from that to move my stuff and pay at least 6 months in advance (required by most Landlords in my situation) for somewhere to live.
I think if you (Andrea) claim income support they will ask about your childrens fathers whereabouts as they are obliged to contact the child support agency. Theoretically at least his payments should be offset against your claim (talk again to CAB if you haven't done so already)
It puts you in a tricky situation if you want the kids to stay in contact with him. Only you can judge whether its a good idea to contact your ex in advance and let him know you are planning to return to England as it may make it a lot harder for him to avoid/evade his maintenance payments.
It puts you in a tricky situation if you want the kids to stay in contact with him. Only you can judge whether its a good idea to contact your ex in advance and let him know you are planning to return to England as it may make it a lot harder for him to avoid/evade his maintenance payments.
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