Claiming Benefits

[sunnymet]

hello all,
i got my ILR in march 2016. i left uk in Apr 2016 and since then working in Dubai till june. I return to UK on july 2 and I want to claim benefits i am entitled to. i have benn living in uk for 5 years and acquired ilr through tier 1 G.

my question to you is
1. Can i claim benefits straight away ?
2. i know only two benefits
a. jsa
b. housing benefits.

are there any other benefits i am entitled to ?
i am single, 31 y old.

even though i was away, i have my limited company in uk and also all bank accounts are active.

Can you please advise ?

[CR001]

1. Probably not as you will have been away for more than 3 months. See This link (click)

2. Depends where in the UK you are. Some areas it is Universal Credit, other areas the benefits are still separate.

How much you could claim, if you can, depends on your income (overseas and in the UK) and how much savings/bank balance you have.

See benefits calculator (click) and select 'British' to go through the system to check what you could be entitled to. Not much you can claim as a single person of 31.

[Casa]

You will first have to pass the Habitual Residence Test. Also see the following:
"Rules that came into force on 1 January 2014 mean that, if you're claiming income-based jobseeker's allowance and do need to show that you are habitually resident, you cannot be viewed as habitually resident until you've been living in the UK or elsewhere in the common travel area for at least three months. This means that if you claim income-based jobseeker's allowance immediately on your return to the UK from outside this area you won't receive this benefit for at least three months."
and
"If you're planning to move back to the UK and you think you will need means-tested benefits and housing straight away, think about how you would cope if you can't meet the conditions of the HRT for three months or more."

Edit: Beaten by Miss Speedy Fingers, CR001

[sunnymet]

thanks for your replies. Can i showthat these are business trips ? i have my limited company in uk and i still get paid through that.

[CR001]

You cannot lie, it creates problems if you do.

What is your income? Presumably by working in Dubai you are earning USD tax free and will presumably declare this income in the UK for tax purposes if being paid into UK bank accounts (which the benefits offices will see from your bank statements)?? Is UAE your nationality?

[sunnymet]

i am indian national. i earned tax free salary. but i m yet to pay corporation tax in uk. it is good if i can claim benefits.

[CR001]

So you likely then have a 'work visa' or 'residence visa' in your passport for Dubai??

Well it all depends on your income them doesn't it. If you are working for yourself and earning, I don't see how you would qualify for JSA.

[sunnymet]

i have savings of 11k. i believe , for contribution based jsa; savinigs does not matter?. i checked the calculator and i can claim 800 as universal credit. Any help frol government is good.

i do have emirates visa till 2020. but im returning to uk for good. once i am back; i dont have contracts any more. i am jobless.

[Casa]

CR001 is of course correct. If you are a director of your own limited company in the UK you won't qualify for Job Seekers Allowance even after passing the Habitual Residence Test. You won't be considered as 'job less' if you are employed as a director by your own limited company, regardless of whether the company is in profit.

[sunnymet]

Then i will close my company immediately. thx for ur help.

[CR001]

The calculator is of course just a guide. What you might actually get could be less.

[sunnymet]

pointed noted down.

[Casa]

Then i will close my company immediately. thx for ur help.

Bear in mind that this won't be an 'immediate' process and can take some considerable time.
https://www.gov.uk/liquidate-your-compa ... iquidation

Or if you apply to strike off your Company with Companies House
https://www.gov.uk/strike-off-your-comp ... ur-company

[Wanderer]

Then i will close my company immediately. thx for ur help.

Don't forget that will take a while, final accounts etc and tax liabilities. It's not just a question of close it and thats it.

[noajthan]

i have savings of 11k. i believe , for contribution based jsa; savinigs does not matter?. i checked the calculator and i can claim 800 as universal credit. Any help frol government is good.

i do have emirates visa till 2020. but im returning to uk for good. once i am back; i dont have contracts any more. i am jobless.

The money comes from your co-members on this site who are taxpayers - and the general public at large.
Its not manna from heaven - nor from the 'government'.

You will have to satisfy HRT on return from life in Dubai, even to access NHS.

[Casa]

Then i will close my company immediately. thx for ur help.

Don't forget that will take a while, final accounts etc and tax liabilities. It's not just a question of close it and thats it.

@Wanderer And I'm right aren't I that this will come at a financial cost, probably far greater than any JSA benefits that may be claimed?

[Wanderer]

Then i will close my company immediately. thx for ur help.

Don't forget that will take a while, final accounts etc and tax liabilities. It's not just a question of close it and thats it.

@Wanderer And I'm right aren't I that this will come at a financial cost, probably far greater than any JSA benefits that may be claimed?

Just the accountants costs basically, for the full year, as his costs are usually spread over twelve months, the bulk of the work being the final accounts etc for about one month a year.

Unless the OP opts for MVL (Members Voluntary Liquidation), which costs £1-2k, is very tax efficient but only usable when you are closing the company for good and not starting a new one up straight away. HMRC are onto that ruse.

The costs will company costs not personal, so that might help the OP.

Needs to be done properly in this day and age, everything you do re: the government leave a trail nowadays as the tax amendment crowd are now experiencing in the ILR sub-forum...

Also the money the OP has earned won't be tax free in UK, HMRC will want a chunk. I did a stint in a North African country 'tax free' - turned it wasn't, it was locally but I remained domiciled for tax purposed in UK so was taxed on it there. the rules are quite stringent.

Was no issue, paid the tax as I didn't want Hector on my back for the rest of my life.....

[Casa]

Thanks Wanderer...keep taking the pills.