Forum Home → Discussion → Universal credit administration → Thread
ESA paid long term in EU - now back in UK and UC claim needed
Hi all,
Client has been paid ESA for 8 years whilst living in EU. Most recent ESA assessment carried out earlier this summer whilst still in EU and placed in support group. No DLA or PIP in payment. Client now back permanently in UK. Needs to claim UC because of accommodation costs. Might be private rented or homeless hostel. Will client have straight forward UC claim or will there likely be habitual residency test difficulty or other problems connected with having been out of UK for 8 years? Am hoping continued ESA claim will result in no difficulty claiming UC…..
Thanks again!
Lee
[ Edited: 14 Nov 2019 at 04:23 pm by leeosborne ]Sorry, forgot to say client is UK citizen.
Sorry, forgot to say client is UK citizen.
If the client is a Brit, they will have to have the Habitual Residence Test, but will only have to satisfy the “habitually resident in fact”. They need to be able to show they are setting up a life here: getting a GP, library card, enrolling kids in school, that kind of thing all helps.
To be honest, as a Brit I would be suprised if they have any issues with it. Unless anyone else has seen otherwise, we are only getting issues (shockingly) with EEA nationals and the HRT, Brits seem to slip in no problem.
My experience has been that British citizens who claim within a week or two of arriving have been refused, even if they have everything else going for them (own a house, have a job etc etc), but those who apply after 3-4 weeks are successful.
I have a feeling they use a time period of one month as standard for British citizens before accepting they’r habitually resident. (The decision for those who apply after 3-4 weeks will usually be made after they’ve been in the country for a month.)
My experience has been that British citizens who claim within a week or two of arriving have been refused, even if they have everything else going for them (own a house, have a job etc etc), but those who apply after 3-4 weeks are successful.
I have a feeling they use a time period of one month as standard for British citizens before accepting they’r habitually resident. (The decision for those who apply after 3-4 weeks will usually be made after they’ve been in the country for a month.)
Thats really good to know, Charles! We dont see a huge amount of Brits enquiring about it, so its useful to know your experience with it
In the old days, the Swaddling case was helpful to people returning from other EU member states because JSA(ib) and ESA(ir) were “special non-contributory benefits” for the purpose of social security coordination. National residence rules cannot undercut EU regulations that make DWP the competent institution. In simple terms that meant UK nationals returning after working in other member states could claim these benefits immediately and they would then also be passported through the HB habitual residence test even though HB itself isn’t an SNCB.
But UC is not an SNCB, it is social assistance and therefore Swaddling won’t apply. Returning British citizens will have generally to serve out a short period of residence before re-establishing their roots in the UK.
If one month is the default, that’s an improvement on past practice: as I understand it DWP always used to tell people returning from outside the EU to come back in three months
If one month is the default, that’s an improvement on past practice: as I understand it DWP always used to tell people returning from outside the EU to come back in three months
Yes - I have a homeless case at the moment where the British client has apparently been told by JC+ not even to bother claiming UC until she has been back for 3 months. Had a few other homeless British clients lately refused on HRT - sometimes with good reason, sometimes not.
We had a case yesterday where woman went on holiday for 6 weeks and she’s been HRT’d. It’s absolutely ludicrous.
Thank you everyone.That is all really useful and makes the next step clearer….. only some of it a bit worrying!
Lee