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Returning to UK can I claim?

19 replies

chickenwing · 10/02/2014 12:08

I am returning to the UK (resident from birth) after 6 months living in the Netherlands. I am also pregnant. I will be looking for work but I think my chances of gaining employment are slim due to pregnancy!

Will I be able to claim JSA, not sure if it's still called that, after being away? I also gave an 8 year old DS.

Unfortunately I will not be coming back with savings due to relationship breakdown so will need help to get on my feet. HB ect, I'm just worried I won't be entitled!

Any clues ??

OP posts:
NigellasDealer · 10/02/2014 12:10

you have only been away six months - therefore I do not think you will have a problem

HomeIsWhereTheHeartIs · 10/02/2014 12:13

You will probably need to complete a HRT (Habitual residence test) form to establish whether you where planning to live abroad on a permanent basis ie did you sell your house and all your possessions before you moved, did you close your UK bank accounts, did you cut all ties with any professional bodies etc. depends on your circumstances really.

LIZS · 10/02/2014 12:13

JSA is either contributions based (Have you paid enough NI in last 2 years ) or income based here however there may be a 3 month residence period required. Once you dc2 is born you would be eligible for Income Support- or by then it may be Universal Credit.

chickenwing · 10/02/2014 12:25

Ok I didn't close any bank accounts as it was a trial basis so does that make a difference?

God I can't wait three months for benefits! How would I survive?!

OP posts:
NigellasDealer · 10/02/2014 12:28

i think that would be the 'worst case scenario' chickenwing - try not to worry too much until you are actually here.

LIZS · 10/02/2014 12:28

You could phone them to check ? You may qualify for other income related benefits , just not JSA, or your stay may not be long enough to impose the delay.

chickenwing · 10/02/2014 12:46

Thanks. I'm tempted to lie now and not disclose that I left the country but I'd imagine they would want proof of how I supported myself the past 6 months?

OP posts:
NigellasDealer · 10/02/2014 12:50

'visiting relatives' on an extended stay?

chickenwing · 10/02/2014 13:07

That's an option also, I'm curious to know if they would ask about my sons schooling though? Obviously he's been attending a Dutch school for the past 6 months so no record of him being in the UK.

I think I'm getting a bit paranoid about this now, I've just heard how difficult the system is now! I was a student for 3 years prior to moving, and worked before then.

OP posts:
LIZS · 10/02/2014 13:11

You'll have to re-register with gp and your pg notes will make it clear you have been outside UK, although being within EU may count as resident.

Rockchick1984 · 10/02/2014 13:19

If you lied and got caught out you would have to repay the benefits you had claimed, probably receive a fine, and potentially criminal charges, so I wouldn't suggest pretending you've been in the UK the whole time Hmm

Funnyfoot · 10/02/2014 13:24

I would advise you not to lie OP. It would not be worth it should you get caught. This website is pretty good www.turn2us.org.uk/

Do you not have any family that can help you until you get sorted. Also what is the fathers contribution to the upbringing of his children?

chickenwing · 10/02/2014 14:17

I didn't think of that Shock no lies then!

He may also be trying to get benefits as his work here is coming to am end soon, if not, he will be self emotes again like before.

I'll try that website, thanks

OP posts:
Funnyfoot · 10/02/2014 14:24

Good luck chicken Smile

Babyroobs · 10/02/2014 15:51

We returned to the Uk 12 years ago after living abroad for 5 years. We had no problem claiming benefits initially ( we got jobs within a couple of months), but I remember when I got pregnant when we had ben back about 4 months, I had to take lots of documents like passport,work contract, proof that we were about to buy a house, that sort of thing to prove we were settling here and not just returning temporarily for the maternity care. Things may have changed or got stricter now of course.

LIZS · 10/02/2014 17:14

It changed January 2014. If you can demonstrate you went abroad with the intention to return then it will probably be fine.

HomeIsWhereTheHeartIs · 11/02/2014 19:57

Make sure you register with a GP once you're back, and get your son enrolled at school. Then put your claim in - these are questions that will be asked - and it kind of shows that you are settled. Make it clear you're back here for good and not just flitting back and forth. Also it asks if/how you arranged housing prior to moving back, and whether you're looking for work, and how you plan to support yourself. And whether you have family here.

It's the same form for JSA, ESA and IS btw.

Zorra · 12/02/2014 11:29

I'm not sure that you would even be classed as non-resident if you had only been out that long. What paperwork did you complete, a P85 for example, or a letter to HMRC about being non-resident? If not then I wouldn't worry. I wouldn't lie of course, but they tend to ask if you have been non-resident, and you may not have been.

Helpyourself · 12/02/2014 11:37

Good luck! What are your immediate plans? Are you going to stay with family?

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