Lithuanian lady needs help with benefits

[citizenkain]

well it looks like shes exhausted that avenue if the authorities are advising her to go home cos thay are not gonna support her etc,theres maybe more to the story than meets the eye,I thought lithuania was in the EU.

[MIKEY DABODEE]

It is in the EU, would there be any charities that would help, have scoured the net but cant find anything

 

It looks like it would be down to Social Services to support her until benefits could be sorted if entitled.

 

Shelter would know if anything exsists out there to help her and she is due to see them soon

Edited November 4, 2009 by MIKEY DABODEE

[ErikaPNP]

Lithuania being in the EU does not automatically mean a person has the right to reside. Even people who are UK born and bred have to jump through hoops if they have been out of the UK and returned within two years prior to claming income based benefits.

 

I'm thinking this lady would be an A8 national. And as she is economically inactive, she would have a right to reside on the condition that she is self sufficient, which clearly isn't the case. From what I have been able to find out compared to what little knowledge I have about this lady, it looks as if she may only be able to stay if she secures some type of employment and registers as a worker with the Workers Registration Scheme.

 

However my knowledge in the area of foriegn nationals claiming benefit as I previously explained is somewhat limited, and the lady requires assistance urgently from someone who knows all of the inns and outs of it, and whom can apply the guidance to her personal situation. When it comes to foriegn nationals and benefit claims, there is no "one size fits all", it is rather complex, particularly as we know so little of this lady's personal circumstances.

 

What I am gauging a guess at, is that this lady had a right to reside as a spouse/dependent of her ex due to his status, but now that she is seperated from him, the goal posts have been moved.

 

Has she been here for more than 5 years? If so her chances significantly increase.

[Poppy03]

She's been here for just over a year. Without saying too much of her circumstances she will be in trouble if she returns home and also in danger as well as her family there. She has an appointment to see Shelter, Legal people and Welfare Rights. Soc Services has said she can stay another week while the childs passport is sorted out.

I wish it was just as easy for her to go home safely but its not and no Citizenkain theres not much more to this than meets the eye apart from someone coming to UK to escape violence, falling in love, having a child and then being subjected to more violence and walking out on that relationship. If I thought it was easier for her to go back I would have advised her to do so. If she were a man she wouldn't be in this situation but she has a child to care for and can't really go out and find just any old job. Thanks for your help everyone - its very much appreciated - even the harsh comments which make me want to fight harder for her.

[MIKEY DABODEE]

People from Abroad

 

 

 

 

What to do:

• Explain that people who have come to the UK for the first time or who are returning to the UK may claim Jobseeker’s Allowance, Income Support and Employment and Support Allowance(Income Related) immediately subject to them meeting certain conditions.
  
• If they are a returning UK national or an EEA national they will be subject to the Habitual Residence Test. If they are non UK or EEA national they must show that they have leave to remain in the UK with recourse to public funds. They will also be subject to the Habitual Residence Test. (see below)
  
• EEA nationals who have come to the UK to seek work can import their EEA unemployment benefit for 3 months and are not subject to the Habitual Residence Test whilst in receipt of it.
  
• 
  

Who is a person from abroad or a person subject to immigration control?

• A person from abroad is someone who fails the Habitual Residence Test at either stage.
  
• A person subject to immigration control is someone with leave to enter the UK who is required to support themselves and their family members without accessing public funds for example a migrant worker from outside the EU or who requires leave to enter or remain in the UK but doesn’t have it for example an asylum seeker.
  

Eligibility

• Income-based Jobseeker’s Allowance, Income Support, Employment and Support Allowance (Income Related), Pension Credit, Housing Benefit, and Council Tax Benefit are all public funds and are only payable to people who have a right to reside in the UK such as UK nationals with a right of abode, EEA nationals with a right to reside and non-EEA nationals who have leave to enter or remain which is not subject to restrictions.
  
• If they have come to the UK in the 2 years before applying for benefit they must also show that they are habitually resident in the UK.
  

Evidence

• UK nationals are not required to provide their passport if they have confirmed that they have a right of abode in the UK on their customer statement;
  
• EEA nationals must provide their passport or national ID card. If they are importing an EEA unemployment benefit they must also provide form E303 and a letter from their EEA employment office. If they are an A2 or A8 national they must also provide their worker authorisation card or worker registration card and certificate or an EEA registration certificate;
  
• Non-UK / non-EEA nationals must provide their passport containing their UK Visa or UK Residence permit or their Home Office status document and decision letter to confirm that they have leave to enter or remain with access to public funds
  

The Habitual Residence Test

 

 

 

The Habitual Residence Test is a two stage test.

• Customers must show that they have a right to reside
  
• as well as being habitually resident in the UK, Channel Islands, Isle of Man or the Republic of Ireland.
  

The right to reside stage of the test is considered each time someone applies for an income-related benefit but the second part of the test, actual habitual residence, is only applied to some people

 

 

 

How to apply the Habitual residence Test

• Everyone, except UK nationals with a right of abode in the UK, must complete form HRT2R.
  
• People who have come to the UK in the 2 years before their claim are subject to both parts of the test need to complete a forms HRT2 and HRT2R which are forwarded to the benefit processing team together with any supporting evidence provided by the customer.
  
• UK nationals only have to complete form HRT2 if they have returned to the UK in the 2 years before their claim.
  
• A specialist decision maker will decide if the customer passes the test and issue a decision.
  
• Explain that decisions can be appealed.
  

More information

Imported benefits

 

 

 

Advise the customer that they:

• may be paid JSA based on contributions paid in this or their own country; or
  
• may be able to import EEA benefit from their own country.
  

Edited November 5, 2009 by MIKEY DABODEE

[ErikaPNP]

Hi Poppy. Pay no attention to the harsh comments, there doesn't have to be "more to a story" simply because someone is from another country and has been told she must return, and such a judgement is harsh - as I pointed out, even UK nationals have to jump through hoops to satisfy the right to reside if they have returned to the UK from any other country in the two years prior to submitting a claim to income based benefit.

 

From what you have posted about this lady, she would have no automatic right to reside as she is not self sufficient. Any man in the same situation would not be treated any differently. As she has only been in the UK for one year as an A8 national, and (I'm assuming) has never worked in the UK (?), and is currently economically inactive she is not a "qualified person" for the purposes of the right to reside, and it would appear that she has no automatic recourse to public funds.

 

However, given that it is potentially dangerous for her to return to her own country then you could argue that point for her to be given the right to remain for five years, and be excluded from the "right to reside" test. A refugee is a person who is outside their country of origin and are unwilling to return there for fear of persecution because of their

 

•race

•religion

•nationality

•political opinion

•membership of a social group.

 

Or, she could be given discretionary leave to remain. Please be aware that if she does manage to satisfy the right to reside, that does not mean that she will also satisfy the habitual residence test and she would need to be prepared for this. Both the criteria need to be satisfied and a decision made by a decision maker before she would have any entitlement to public funds. All decisions for right to reside/habitually resident for benefits purposes are made by Wick office in the North of Scotland, and they may want to interview her - an interview would take place over the telephone.

 

Did she have her appointment with Welfare Rights today?

 

Mikey - those guidance links are appreciated but they are non functional from public sites as they are from the intranet of Jobcentreplus and therefore can only be accessed internally within jobcentreplus.

[MIKEY DABODEE]

Have removed the links but thought general information would be usful

but the last two lines I thought may be of help

as a means of supporting her self here

if they apply of course

Edited November 5, 2009 by MIKEY DABODEE

[ErikaPNP]

Have removed the links but thought general information would be usful

but the last two lines I thought may be of help

as a means of supporting her self here

if they apply of course

 

Absolutely. Some countries do have reciprocal agreements in regard to benefits.

[Poppy03]

Thanks very much to ErikaPNP and to Mikey for the generous amount of time and effort you have put into this problem. Every bit helps in some way or another. Appointment with Shelter tomorrow, Legal people on Monday and Welfare Rights on Thursday next week. She also has to go to fill forms in on Monday with Soc Services for a passport for the child which is why she has a weeks grace. Will keep you informed as things progress or not as the case may be. Thanks again - I'm overwhelmed by the responses of all the kind poeple out there.

[MIKEY DABODEE]

Hope thinks went well today

and she gets thing sorted soon

[Poppy03]

Friday she had a helpful meeting with Shelter but more specialist help is needed there. They are also waiting for the outcome of her meetings with the legal people and Welfare Rights but in the meantime are going to put in an appeal to Social Services. They did try to ring but the lady who deals with her case was not around so they will try again on Monday. At least I know that Shelter will do all they can and not just give empty promises. They are excellent people.

[Poppy03]

Just a quick update. The lady has been to see everybody. We have just come back from Welfare Rights. Everybody she has seen so far has said they will help. Shelter will appeal to Social Services but it looks like she will be here for another week, at least, whilst waiting her childs passport to come through. All the people who have promised to help are now waiting to see which benefits she may or may not get and then they can start to help her if she does not get them. Everything is so slow. She registered as self employed as a translator and picked up a couple of jobs quite quickly. She is now (since today) receiving tax credits so that is a step in the right direction.Thanks to everyone for their help and good wishes. Will post an update (and perhaps conclusion) sometime in the future when I know more.

[ErikaPNP]

Several posts on this thread have been unapproved, as they appear to have been posted with incitement, and as such are causing disruption within the thread. Please re-read the site rules before composing any further posts on the subject.

 

Further posts which are in breach of the site rules will be removed.

 

Link for ease of use: http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

[MIKEY DABODEE]

Glad she is well on her way to sorting herself out

and I hope everything goes well for

[Poppy03]

Dear all. Just to update you on the latest situation. Child Benefit has just been granted and with this she (hopefully) get some sort of Housing Benefit. She has waited for 26 weeks to hear about the child benefit. Many, many thanks for all your help and encouragement. You are all wonderful and helped so much when we were in despair. This lady has been with us for so long she is like a daughter. She is looking to do some charity work as a way of giving back something to the community. She sends her regards to all who helped her and through me will be making a donation to this site (again). Good luck and good fortune to all the kind people of this Forum.

[RaeUK]

Thank-you so much for the update poppy03, it's good to hear.

Rae.

[ErikaPNP]

Great news so far, Poppy. Has she been in touch with Scotland (wick) yet abour Right to reside and income based benefit? How is she getting on with this?

[Poppy03]

Not sure about that EricaPNP. I'll ask how she is getting on. She will be seeing the legal people soon - as the child benefit is a major step for her but I will remind her about the other issues. She has been worried that she may not get housing benefit and Social Services may stop funding but thanks to everyones help and the intervention of Shelter that is not now such a problem. I'll let you know as soon as I know. Thanks again.

[ErikaPNP]

Great stuff, Poppy - you are doing a wonderful job of supporting this lady, bless you. I hope everything continues to work well for her.