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Just arrived from EU country

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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ok then!
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Location: east anglia

Just arrived from EU country

Post by ok then! » Thu Jan 19, 2012 12:31 pm

Can anybody advise me please?

I have just returned from an EU country that I lived in for over 10 years once leaving the uk. My 3 children were born there but have british brith certificates, have had britsh passports, though right now they are on their other ones. I am a british citizen etc.
For the time being I am applying for benefits, I am entitled to income support and have applied for child tax and child benefit, I have passed my habitual residents test, id checks etc.
However i have just recieved a form saying there are special rules for people from abroad claiming child benefit, with about a million more questions on it - most of it not relevant as I didn't work in this country and don't have a partner.
Am i entitled to it? Am I and my children classed as foreigners? and if so I am entitled to anything? It's all a bit of a mind field!

Thanks

John
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Location: Birmingham, England
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Post by John » Fri Jan 20, 2012 10:30 pm

I have passed my habitual residents test
Well have you? Surely that is what that form is all about. The information on the form will establish that.
John

ok then!
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Post by ok then! » Fri Jan 20, 2012 10:39 pm

Yes I have , the fact I've been granted income support proves that. The council, citizens advice and certain areas of the government recognise that.
But all of above do not understand either why I have been sent this form as myself and my children are British nationals.

But thank you for your help in this matter.

The form does not establish anything.

Thank you again.

John
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Post by John » Sat Jan 21, 2012 7:49 am

do not understand either why I have been sent this form as myself and my children are British nationals
In that case you need to appreciate that even British Citizens need to show that they are habitually resident in the UK.

Just fill in the form to get the relevant benefits. And do appreciate that CB and Tax Credits are administered by HMRC, and none of the other benefits you mention are.
John

ok then!
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Post by ok then! » Sat Jan 21, 2012 11:23 am

Sorry you misunderstand me - I know and appreciate who the benefits are from and it ALL follows on from income support regardless of who grants what because that is the benefit I have had to pass the test for. Apparently fail test = no income support = no anything.

So yes I have proved that my children and I are habitually resident here. I was just hoping someone on here could explain it to me a bit more.


As I say there is some confusion from several people why I have been sent this form but I will 'just fill out the form' as you have so kindly put it , I already have, just making a enquiry really. Think maybe I am on totally the wrong board though.

Thank you for your help.

Greenie
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Post by Greenie » Sat Jan 21, 2012 12:50 pm


John
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Post by John » Sat Jan 21, 2012 8:32 pm

ok then!, for Child Benefit purposes the relevant term is "ordinarily resident", as per this HMRC website, an extract from their Child Benefit Technical Manual, provided to staff dealing with Child Benefit claims.
John

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