Lithuanian lady needs help with benefits

[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

[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

[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

[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.

[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

[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

[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

[MIKEY DABODEE]

Hope thinks went well today

and she gets thing sorted soon

[MIKEY DABODEE]

Glad she is well on her way to sorting herself out

and I hope everything goes well for