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Have I lost my legal rights? Or can I still claim?

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

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xtrm83
Newly Registered
Posts: 14
Joined: Thu Feb 23, 2012 9:34 pm
Location: United Kingdom

Have I lost my legal rights? Or can I still claim?

Post by xtrm83 » Wed May 16, 2012 12:40 pm

Hello everyone,
I find this forum very helpful so first of all I will like to say thank you to all of those who collaborate to make our doubts clear and our lives in the UK a little bit more easy.

Here's the question: Im an Italian citizen residing in this country for about 4 years now. In november last year, I made the mistake of quitting my job, because went to holidays for 2 months and the company didnt allow me to go for all of that time. So they suggested me to quit and that the doors of the company were always going to be open to me. Then I made it back to the country in January, they said they were in the middle of a redundancy and that they will not be hiring anyone else for a long period (I think they just wanted to get rid of me because since then they have been hiring and I have not heard from them).

Have I lost my legal rights here? Im not longer entitled to any estate benefits including Job Seekers Allowance under the Treaty Rights law??
Im quite struggling at the momment, have a child here, a wife whos working full time on a EEA2 VISA, etc...

yasa
Diamond Member
Posts: 1033
Joined: Thu Jan 29, 2009 11:52 pm

Re: Have I lost my legal rights? Or can I still claim?

Post by yasa » Wed May 16, 2012 6:29 pm

xtrm83 wrote:Hello everyone,
I find this forum very helpful so first of all I will like to say thank you to all of those who collaborate to make our doubts clear and our lives in the UK a little bit more easy.

Here's the question: Im an Italian citizen residing in this country for about 4 years now. In november last year, I made the mistake of quitting my job, because went to holidays for 2 months and the company didnt allow me to go for all of that time. So they suggested me to quit and that the doors of the company were always going to be open to me. Then I made it back to the country in January, they said they were in the middle of a redundancy and that they will not be hiring anyone else for a long period (I think they just wanted to get rid of me because since then they have been hiring and I have not heard from them).

Have I lost my legal rights here? Im not longer entitled to any estate benefits including Job Seekers Allowance under the Treaty Rights law??
Im quite struggling at the momment, have a child here, a wife whos working full time on a EEA2 VISA, etc...
All EU/EEA and Swiss citizens who have the right to work in the UK are eligible to the same benefits as unemployed people from the UK:

•Jobseeker's Allowance
•Income Support
•Housing Benefit
•Council Tax benefit
•Childcare Benefit
=======================
Every cloud has silver lining
=======================

xtrm83
Newly Registered
Posts: 14
Joined: Thu Feb 23, 2012 9:34 pm
Location: United Kingdom

Post by xtrm83 » Wed May 16, 2012 8:30 pm

thats not what i have been told, actually, they stopped our housing benefit and council tax benefit even when i explained to them that we were not going to be away more than 13 weeks out from the country.

They sent me a letter explaining that as EU National I was losing the entitlement to any benefit unless I was exercising, in any way, treaty rights.

I got the letter with me and I´ve just found it, should you like to see it if you want

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Thu May 17, 2012 11:41 am

if you are currently seeking work then you are exercising treaty rights. Are you seeking work? Have you registered with your local job centre? Have you attempted to claim JSA? (although note if your wife is working full time you are unlikely to be eligible for income based JSA, but may get contribution based).

Have you attempted to claim HB and CTB again?

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