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Subject: "16 Year old US citizen resident in UK - benefits enquiry" First topic | Last topic
rustyp
                              

Information and Advice Worker, CHYP (Caradon Housing Youth Project) Cornwall
Member since
18th Sep 2007

16 Year old US citizen resident in UK - benefits enquiry
Thu 25-Oct-07 11:47 AM

Hello there - I work for a small charitable organisation based in rural Cornwall advising young people on housing issues in particular as well as benefits. We do not often come in to contact with foreign nationals so I am seeking further advice as well as picking your collective brains.

The young person inquestion is 16 years old, he lives with his Dad a US citizen who has come to work in the UK and his Step-Mother who is a UK citizen (not sure of their marital status).

The step-mother is making life intollerable for the young man and he feels he is left with no option but to move out (he may even get chucked out) due to personal issues he cannot return to live with his mother in the US. He has been in the UK for 7 months, his Father for 3 years approx.

I can imagine he would get no help from the local council to house him although we would try but thankfully he has the offer of a room in a friends parents house as a lodger.

He is enrolled onto a full-time college course (relevant, non-advanced) and wants to keep up his studies and he is not working at the moment. He was until recently and is looking for more work (very actively), the last job brought in about £60 per week.

He was told that he could not get EMA until he has been resident in this country for 3 years - is this true?

If he is not working then would he be able to claim Income Support (estrangement probably wouldn't be an issue) Would he also need to be claiming income support to have a chance to get EMA?

If he is working or not he would need housing benefit - is he entitled in his own right?

If the above doesn't work then as a fall-back scenario could his friend's mother claim CB, CTC and WFTC for him?

The client gave his permission for me to seek further information on his case

Any help or pointers would be very beneficial - thankyou

Russell Pember
Information & Advice Worker
CHYP (Caradon Housing Youth Project)

  

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Replies to this topic
RE: 16 Year old US citizen resident in UK - benefits enquiry, rustyp, 25th Oct 2007, #1
RE: 16 Year old US citizen resident in UK - benefits enquiry, nicknicolson, 25th Oct 2007, #2
      RE: 16 Year old US citizen resident in UK - benefits enquiry, claire hodgson, 26th Oct 2007, #3
           RE: 16 Year old US citizen resident in UK - benefits enquiry, rustyp, 09th Jan 2008, #4
                RE: 16 Year old US citizen resident in UK - benefits enquiry, nevip, 09th Jan 2008, #5

rustyp
                              

Information and Advice Worker, CHYP (Caradon Housing Youth Project) Cornwall
Member since
18th Sep 2007

RE: 16 Year old US citizen resident in UK - benefits enquiry
Thu 25-Oct-07 11:59 AM

Forgot to say - client does have a national insurance number!

Thanks

  

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nicknicolson
                              

homelessness oficer -, Southampton City Council, Southampton
Member since
30th Sep 2005

RE: 16 Year old US citizen resident in UK - benefits enquiry
Thu 25-Oct-07 01:13 PM

The sritical issue is what is stamped on his passport visa... does it say "no recouse to public funds".... if it does then he cannot claim any benefits

  

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claire hodgson
                              

Solicitor, Askews Solicitors, Thornaby, Stockton on Tees
Member since
17th May 2005

RE: 16 Year old US citizen resident in UK - benefits enquiry
Fri 26-Oct-07 07:07 AM

he could try seeing a family lawyer - i have a memory of someone getting maintenance from their parent via the family courts, am 100% sure that is right ... and if it is right, he'd have no need for benefits (and with the side effect of forcing his dad to address the issues!)

  

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rustyp
                              

Information and Advice Worker, CHYP (Caradon Housing Youth Project) Cornwall
Member since
18th Sep 2007

RE: 16 Year old US citizen resident in UK - benefits enquiry
Wed 09-Jan-08 10:41 AM

As an update - client has "indefinate leave to remain" on his passport/visa

Does this mean he has full entitlement to HB and IS? He has been told he has not been resident long enough to claim EMA - is this correct?

Any thoughts - thanks Russell

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: 16 Year old US citizen resident in UK - benefits enquiry
Wed 09-Jan-08 04:46 PM

Yes a person has to be ordinarily resident for 3 years to get EMA.

  

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