Lithuanian lady needs help with benefits

[Poppy03]

I run a hostel for homeless people. A lady from Lithuania and baby aged 9 months (born in UK) are staying here. She left her partner in England because of violence.

Social Services are paying for her stay and giving her money (about £30 per week) for food and essentials for the child, but have told her that they will soon stop paying for her and if she can not manage she will have to return home (which she is unable to do) or they will take the child away from her. They say she can not claim Housing Benefit. Can anyone tell me if she is entitled to claim anything at all to enable her to live. At the moment I am supporting her by giving her food and other essentials. Her situation is really desperate.

[MIKEY DABODEE]

Has your friend made a claim for child benefit,

If awarded this she can claim child tax credits and she may be entitled to claim Income Support

[ErikaPNP]

It's not as straightforward as it seems. The world of benefits for foreign nationals can be extremely complex, and needs in depth discussion of the lady's circumstances with an appropriately trained person. There are tests which will need to be looked at, such as whether she has a right to reside and whether she would satisfy the habitual residence test, etc.

 

Given the urgency of the situation, I would urge you to get in contact with your local Welfare Rights representation unit in regard to this, you can find them via your local council and they are a free service.

 

Who says she cannot claim housing benefit and what reason did they provide for this?

[Poppy03]

She has put in a claim for child benefit but that was weeks ago. She will be chasing it up tomorrow. I will also get her to go to the Welfare Rights people as a matter of urgency.

Thanks for the help Mikey and EricaPNP.

[TCman]

If she gets child benefit sorted and as long as she has a national insurance number her claim for child tax credits will go through quickly.

If she has not been allocated a NI number yet she can still make a claim for child tax credits. They will organise with DWP to get a face to face interview set up to get it allocated. However, that will only happen if she has right to reside in the UK.

Don't quote me on it, but the fact that her child was born in the Uk, i believe now gives her a case for the right to reside.

[Poppy03]

She has NI number. Does that mean she can stay? Will phone today about her child benefit claim. Thanks for advice TCman.

[Poppy03]

Just an update.The lady rang about Child Benefit claim and they said it could take 26 weeks to go through!! She spoke to Welfare Rights people and has to wait until Thursday to phone for appointment. Thanks everyone

[Zamzara]

You need to look into the right to reside test, and if there are any potential grounds she could pass it. It's a bit complex to speculate on here.

 

If there are any possible grounds that are even arguable, she should claim income support, housing benefit, and tax credits without delay so as not to lose out.

[MIKEY DABODEE]

With regards to her I.S claim then she will of course need to have a hab res decision and that will be made by a department in Wick

If she has the right to reside

 

The claim can not be processed untill this decision has been made

and this can take weeks,

 

So after speaking to Welfare rights on Thursday they should advse her to get the claim in.

Usually child benefit has to be in payment as well before IS can be processed so hopefully this should also be sorted out by then,

 

hope things get sorted quickly

[Poppy03]

Thanks Mikey. She has to wait until Thursday before she can phone for appointment.

Can everybody who has been helped by this site PLEASE DONATE. I shall donate on Friday when my money goes into the bank.

This is only the second time I have needed help but everybody has been so helpful. Thanks again.

[Mrs E Blackadder]

Is the father paying anything towards the baby's care? Perhaps the CSA could chase him on behalf of the mother. I have never dealt with the CSA so have no idea what they are like, but it could be something else to help her.

[Poppy03]

I'll persue this tomorrow. I do know that he's not a nice man and perhaps she is frightened of what he may do to her.

Thanks for the advice.

[Mrs E Blackadder]

I'll persue this tomorrow. I do know that he's not a nice man and perhaps she is frightened of what he may do to her.

Thanks for the advice.

 

 

That's why I thought she might like to get the CSA to chase on her behalf, will keep him at arms length!

 

Just another thought, is she married to the father of the child and is he a British citizen? If that is the case then she must have some rights as to being able to remain in the UK.

[Poppy03]

Not married and the father is not a British citizen. He would know where she was as they have a mutual friend where he lives.

[TCman]

I was trawling through the guidance from the border agency to who would have residency. It is really very complicated.

Section 3(1) applications - children born in the United Kingdom to parents who are not settled in the United Kingdom and are not British citizens

 

Registration in this category will be at our discretion, if we believe it is reasonable under the circumstances and will be under section 3(1) of the British Nationality Act 1981. There are no formal requirements the child needs to meet providing they are under 18 at the time of application and are of good character if they are over 10 years of age. The application should be accompanied by as much evidence as possible to show us why the child should be registered as a British citizen.

 

 

this part was about as close i could come to her situation. From what i have read it would seem that she can apply for indefinite right to remain but only if she has entered the country legally and is still remaining here legally at the moment.

 

i don't think its going to be a quick decision anyway. My advice would be to call 0845 010 5200 (home office) which is for enquiries for British citzenship and right to abode. Or go through the web site for more info UK Border Agency | British citizenship

 

Obtaining the Habitual Resident status may be difficult for her to obtain as she is homeless at present. As an A8 national she also has to prove that she will not be a burden to public funds. As she is not working this may not be possible. With the benefits coming to an end it sounds like her extended right to reside is about to expire.

From what i have read its not painting a good picture for her. But i'm no expert, i hope the Welfare rights guys can give some good news.

Edited October 30, 2009 by TCman

[Poppy03]

Thanks. You have gone to a lot of trouble to find out this information. I have also been looking and have printed her some notes on the right to reside and Hab Res status. I'll also look at the website you suggest. Once again thank you for your help.

[Aviva]

The UK Border Agency website also has information on domestic violence and applying to stay here that you should take a look at.

[Poppy03]

Thanks Aviva. I shall do that. At the moment her child is in hospital so I will update her when she gets back.

[Poppy03]

Dramatic turn of events. Social Services havetoday told her that they will not pay for her to stay here after Friday. They have told her to go to Liverpool, get a passport for her child and they would pay for a ticket for her to go home. The poor lady is distraught! No sign of any benefits coming through yet.Help please!

[Aviva]

You need to find out on what grounds Social Services are asking her to leave the country. Are they asking her voluntarily to go back home? What are the consequences if she does not go back home?

 

I think this lady needs more expert help than can be given on this forum.

[Poppy03]

They have asked her to voluntarily return home. They say they can not keep paying for her. They will not wait until any benefits are sorted. The consequences of her not going home as far as Social Services are concerned are that she will be out on the street with her child with nowhere to live. She has an appointment to see Shelter, Welfare Rights and a free legal advice centre. I appreciate any help or suggestions.

[citizenkain]

obviously she needs to go home then doesnt she?? if you were in a foreign country with a child and the powers that be said you cant stay and they wont support you but will sort your travel home,you go home...

[MIKEY DABODEE]

Is it safe for her to go home though, would she be in danger there

not a good situation to be in either way for herself and her child

Hopefully she can get the help she deserves soon

[citizenkain]

thats true,I suppose she would have family back in lithuania to help her else she would be as well stay here,what about her family back home has she been in touch with them?

[MIKEY DABODEE]

If she has family and they will help and support her back home in Lithuania then thats fine as long as she wants to go back.

 

But if she cant go home for any reason or just doesnt want to go but has no choice if she is being forced back, then surely somebody here should be able to help her stay.