just returned from spain after losing house with 2 children and not entitled to benefits

[Old Cogger]

other side of the coin here..you cant really expect to show up in the uk after living abroad for several years and expect the authorities to just sort you out,did you really think you would just get a council house straight away and plenty of benefits excetera when you just popped back?,theres loads of people already been in the system for years

 

 

 

Join the queue, we had to wait 7 years for accomodation, and there are Thousands ahead of you, you left for a better life, well if things do go wrong as happens a pity, but that is your situation, you left u.k. where Thousands are homeless so join the queue, sorry realility check here, children being used as a reason, sorry been there it does not work that way, get in line, no disrespect but reality, or buy your own house in the u.k. next time?

[Nystagmite]

How rude. The OP is looking for advice.

[rosebudbon]

thankyou so much for those points. how long ago was that as they are saying that laws have changed. we are going to shelter tomorrow and they are hopefully going to help us with the habitual residence test. i will definately use those points though. things are getting so bad with 4 more people all squashed into a small 3 bed house with 9 people living there. we really feel like were putting on our friends.

thankyou again. will lwet you know the outcome of tomorrow. x

[citizenkain]

nystagmite,the op has had plenty of advice from various sources,online and goverment offices,she just needs to wait for it to be sorted,it will in the end,thats my advice,its not rude to point out the totally obvious,its not going to get sorted for her at the drop of a hat!

[rosebudbon]

for those people who think we have just come back here to claim loads of benefits and get a council house - you are so far wrong about my family. we have always worked and owned a house when we were here before. we have just become another victim of the recession. we intend to work for a living here just as soon as we can. please dont insinuate that were back here just to get what we can. we are in a real dark place at the moment and just wished the system could find a way to find out who is genuine and who is not and help the people who really do need help.

[joeblogs]

Best of luck tomorrow rosebudbon, you must be feeling desperate without reading such negative comments. I hope things sort out for you and your family.

[rosebudbon]

thankyou joebloggs. we have all fingers and toes crossed x

[Nystagmite]

Good luck

[Old Cogger]

thankyou so much for those points. how long ago was that as they are saying that laws have changed. we are going to shelter tomorrow and they are hopefully going to help us with the habitual residence test. i will definately use those points though. things are getting so bad with 4 more people all squashed into a small 3 bed house with 9 people living there. we really feel like were putting on our friends.

thankyou again. will lwet you know the outcome of tomorrow. x

 

That was in the early 1990s, we lived in a damp so called flat, ceilings fell down in bedroom luckily we were out, but only after landlord threateneing after years to throw us out then the council at the last minute stepped in after a fuss, the landlord was re-developing the house of bedsits etc, incidently I was already living here as well, fighting to get my family here for 3 years thru immigration court cases eventually won, all these agencies seemed to try to help but well sorry I did it all myself in the end.

 

I was not being rude but faceing the facts as I have had to try and adivise actual cases in the past, on similair cases, even putting up whole families in one room (13 people incl children on mattresses). for days on end.

 

So will monitor your case to see if any difference to the past experiances, I even helped people who lost their home/business due to earth quakes whereby British Embassy refused visas for them and the children, yet one parent was U.K. passport holder, they did pretty quick when I mentioned certain names in government will be informed. The people came to the u.k. for 2 years and picked up the pieces then went back and started to rebuild their old life there, whilst here they earned what they could and rented accomodation, no recourse to public funds.

Edited September 9, 2012 by Old Cogger

[antone]

Just a quick note here, not directed at anyone in particular. I'd ask that we restrict ourselves to offering advice - if anyone has formed a judgement about the OP situation, could they please keep it to themselves.

 

Thanks all.

[citizenkain]

lets try and make sure we point things out to people and not just patronise them,thats not fair,the op needs to note that it will take months if not years to get sorted in the uk,you cant just expect to show up and expect the benefits agency etc to move heaven and earth for you cos ya just happen to have a british passport holder in the family,it is not gonna happen

[antone]

lets try and make sure we point things out to people and not just patronise them,thats not fair,the op needs to note that it will take months if not years to get sorted in the uk,you cant just expect to show up and expect the benefits agency etc to move heaven and earth for you cos ya just happen to have a british passport holder in the family,it is not gonna happen

 

Yes, this is fair enough, which is why I was clear to state that I was not directing my remarks at anyone in particular. I wasn't so much expressing concern about what I read in this thread, but attempting to forestall future problems.

[nyfle]

lets try and make sure we point things out to people and not just patronise them,thats not fair,the op needs to note that it will take months if not years to get sorted in the uk,you cant just expect to show up and expect the benefits agency etc to move heaven and earth for you cos ya just happen to have a british passport holder in the family,it is not gonna happen

 

Did you not see antone's post? I'm assuming you didn't as your post contains judgement and assumptions instead of constructive, helpful advice.

[citizenkain]

nylfe,I did see antones post and I live in the real world my post is not judgemental or assumptive its patently obvious.

[antone]

This is the sort of thing I was trying to avoid, and I suppose I inadvertently precipitated it. My bad.

 

If you want to say "These are the rules for returning citizens: x, y, z" then go for it. Just please, please, don't say "What makes you think you should be entitled to x, y, z?" Is that clear enough? Presenting information is great, that's what we're here for. I'm just asking that we all consider our phrasing with care, because squabbling helps no-one.

[citizenkain]

reality check..if you left uk years ago and come back,it takes a while getting sorted again,simple as that

[antone]

reality check..if you left uk years ago and come back,it takes a while getting sorted again,simple as that

 

And, given that our OP is in this situation, how would you suggest she best go about expediting the process? She already knows it's complex and takes time, that's why she posted in the first place.

 

Because it is certainly possible to be confused by the Byzantine complexity of the benefits system, and that confusion can lead to people missing out on things they're entitled to, to claims being delayed because the claimant doesn't know specifically what to request, and so on. That's one of the main reasons there are welfare rights advisers.

 

And this is the key point. Posts that amount to "Well, sucks to be you, heh!" aren't helpful and just start rows and flame wars. So, I ask everyone to refrain from making such posts. I'll enforce this if required, but I'd really rather it didn't come to that.

[citizenkain]

well,reading the ops post,she wasnt happy with the time it was taking,her first post stated she couldnt understand why it was taking so long for her to get sorted,feel free to scroll back,I pointed out to her it would take a while to get sorted and basically she would have to be patient,all you have done antone is castigate me for pointing out the patently obvious,I find it hard to understand where you are coming from??what you think you are contributing?..I dont get it? if anyone else wants to scoll back and make a constructive comment feel free?

Antone you think the benefits system should just fast track people through to whatever benefits they request with no checking up?

[antone]

Antone you think the benefits system should just fast track people through to whatever benefits they request with no checking up?

 

I'm a former benefit processor, so no, I do not so believe.

 

To some extent you are correct, I am castigating you for pointing out the obvious, because OP already knows that it takes time to process such claims. She's asking if there's any way to make it take less time. But you're not the only person to do this on the the thread, which is why I was pretty careful to explain that I wasn't directing my initial comments at anyone in particular.

 

As to what I'm contributing, well, I'm trying to keep this thread on-topic and civil. That's one of my jobs as a member of the Site Team. Beyond that, I felt others had offered appropriate advice and didn't feel the need to add anything.

[**Margaret**]

Contribution from :antone: and site colleagues?

 

Invaluable. And all for free. To a (usually) non judgemental space where anyone trying to negotiate the complexities of benefit entitlement (or any other issue CAG deals with) can ask advice from others who've been there/done that. With the added extra of professional expertise, also for free.

 

Margaret.

Edited September 10, 2012 by **Margaret**

[flumps1976]

The problem is the actual Habitual Residency Test has been decided and until the decision is either revised following reconsideration or subsequent appeal the decision stands and regardless of how many claims the OP submits to JSA the decision from the initial claim will stand.

 

One of the likely problems for the HRT from what I understand, is that there is still aproperty held in Spain which is pending reposession do you have any other links to Spain?

What steps did you take prior to arriving in the UK to secure accommodation and employment? When you left for Spain originally what ties did you keep with the UK, did you ever visit relatives etc?

[mekongmarcus]

The problem is the actual Habitual Residency Test has been decided and until the decision is either revised following reconsideration or subsequent appeal the decision stands and regardless of how many claims the OP submits to JSA the decision from the initial claim will stand.

 

Two days after i arrived back i telephoned the benefits office and they rang back saying it would be six months before i was considered resident.I found reference online to form HRT2 04/08 and asked them to send me one.On completion i immediately received JSA and got HB.

[flumps1976]

mekongmarcus your decision was based on the form HRT2 that you completed on making your application.

The benefits office don't make the decision themselves as all paperwork is sent off to a specialist team to consider all paperwork.

Your case I believe was also different in as much as you had maintained links with the UK whilst you were abroad and on your returm you severed all financial links etc from Singapore and most importanatly you had arranged accommodation for your return to the UK and as such the UK was considered your sole interest (registered with dentist, GP etc).

The situation for the OP is sligtly different as they still hold property in spain and had made no prior arrangements to secure accommodation prior to arriving.

As the decision has been made each susbesquent claim made will have no bearing as the original decision will stand regardless how many times they contact to reapply.