× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Other benefit issues  →  Thread

What is resident?

Barbara Knight
forum member

Leorn Welfare Rights Training Services, Derby

Send message

Total Posts: 78

Joined: 8 April 2011

This reflects on all parts of the system so hoping this topic is appropriate.

English woman living in EU with severely disabled child (over 3 years old), wants to move back full-time to England (April 17 onwards) due to need for support from family with caring. Claims benefit for daughter in country where she lives.

Identified residence of 3 months needed for CTC and CB. However without DLA (no claim until resident 2 years) mother can’t be seen as a carer and so won’t be able to claim any of the disability-related / carer elements of CTC or HB, can’t claim IS and she won’t claim JSA or ESA as she cares full-time.
By time she has been resident 2 yrs it will be a UC Fulll service claim (she wants to live in an area that goes Digital April 2018).

However she has returned to family home on a regular basis, has retained a UK bank account and daughter was hospitalised in England 2 christmas’ ago. Still gets some post to parent’s address. She works sporadically for 2 concentrated periods each year and seems to come home regularly in-between.

Can anyone point me in to the current definition of ‘Resident’,

Any other ideas of what she can claim would also be appreciated, last time I properly looked at this kind of case ‘Swaddling case’ was the most interesting thing around!!!

1964
forum member

Deputy Manager, Reading Community Welfare Rights Unit

Send message

Total Posts: 1711

Joined: 16 June 2010

On the presumption she’s worked in the other member state I’d be arguing that the period of residence in the other state counts towards the past presence test for DLA. In addition, it’s possible that under the coordination rules the competent state would be the EU state in which she currently lives (and works presumably) even after she returns to the UK.

Just a thought anyway.

Barbara Knight
forum member

Leorn Welfare Rights Training Services, Derby

Send message

Total Posts: 78

Joined: 8 April 2011

Thank you for this. Given me a lot to think about.
Can you clarify why competent state would remain the old one, she intends to change residency on a permanent basis and no longer work abroad?

ClairemHodgson
forum member

Solicitor, SC Law, Harrow

Send message

Total Posts: 1221

Joined: 13 April 2016

it’s about which system she contributed to financially.  so were it the other way about, and someone had worked here and paid taxes/NI for ages then went back to wherever else in EU, we would be the competent state…

Barbara Knight
forum member

Leorn Welfare Rights Training Services, Derby

Send message

Total Posts: 78

Joined: 8 April 2011

Thank you, now off to try and be able to explain this to the claimant!

Simon
forum member

Charlotte Keel Welfare Rights, Bristol CAB

Send message

Total Posts: 90

Joined: 18 June 2013

Surely the co-ordination rules will only come into play in this circumstance if the cl was, or remains employed, in the previous state of residence, which isn’t indicated in the OP. Otherwise the competent state would be the one of residence, and the personal situation of the cl should be explored to determine this.