claiming benefits in the UK?

Question

friends of mine have recently returned to the uk following living and working in italy for the past 18 years ( they were born in the uk) marc has tried to claim benefits but has been told he is not elligable because he has paid no contributions in the uk for the last tax year he was working and paying tax while in italy where does he stand

Answer 1

Under UK Legislation, he is not entitled to Jobseekers Allowance, Sickness Benefit or Disability Allowance as these are not based on tax. These benefits are based on National Insurance (NI) contributions only. However, as he has come from Italy, he should be entitled to Income Support as per EU Legislation. He should apply for Income Support but needs to be aware that any benefit can be with a time limitation. He will be given a certain amount of time to find work as the Income Support will be withdrawn after that period. Basically, he is treat the same as any foreign national that makes a claim as he is no longer a UK citizen (citizenship is automatically removed after 5 years of living outside of one's native country. After 5 years, you are expected to take up nationality of the country you are living in. Many ex-pats have this very same problem. After many years abroad, when things go wrong they return and expect to receive everything handed on a plate, even though they have not contributed to our economy for many years. If he is desperately short of cash, he needs to request an Urgent Case Payment (UCP) and not a Crisis Loan. The difference is that a UCP is a payment which comes out of the budget for his local office and doesn't have to be repaid whereas, a Crisis Loan is paid back out of any benefit due and / or by arrangement.

andrea b. How can you claim to work for the Department for Works and Pensions when you know nothing about benefits. Don't you receive training nowadays? And, what about the regular updates to legislation, don't you read them? The Acts, Regulations and Directives, related to Income Support, fill at least 10 large files. I once received the files, about ten years ago and they came in 14 large boxes. I then had to file each section and then sort the amendments. Then I had to insert the ammendments and remove those pages that had been replaced. After many weeks, I was finished and had the three files that I needed. I'd hate to think how long it would have taken to obtain all the other missing sections and put them together. In some cases, amendments can be issued on a weekly, even daily basis. No wonder so many people get messed about and have to suffer. Too many people work for the Benefits Agency and DWP without any knowledge of their job and then rather than take the training that is offered, they will just fob the claimant off and pretend that they have good reason to do so. That's why over 70% of appeals against the Benefits Agency are won by the claimants. Surely, it would be more productive and cost saving to just give the entitlement when due instead of going through appeals procedures and then having to pay all back benefit owed.

Income Support used to be called "Supplementary Benefit" and it's purpose has not changed in the past 40 or more years. Income Support is the Government's safety net for the poorest and most vulnerable people. To qualify for Income Support, you must not qualify for any other benefit or only qualify for a reduced portion of any other benefit as long as that portion is below the current rate of IS. If the IS awarded is 50p or less, you cannot claim it. The Government has both a legal and moral duty to prevent any person becoming ill or suffering great hardship. This has always been the first rule of both Income Support and it's predecessor (Supplementary Benefit) and is an Act of Parliament. Income Support is means tested and if the claimant works for 16 hours or more, they lose entitlement. If the claimant has £3,000 in savings, his / her benefit is reduced by 50p for every £1 they have over and above the £3,000 threshold. If the claimant has £6,000 or more, he / she loses all entitlement. As long as this person has little or no savings and has no means of income, he is entitled to Income Support, as long as he doesn't qualify for any benefit that is linked to contributions. By getting IS, he immediatiately and automatically qualifies for Housing Benefit and Council Tax Benefit as well. I get a funny feeling that you work for Income Support and that is why you are giving incorrect advise. As long as Marc has no savings or any source of income, he is entitled to IS, Housing Benefit and Council Tax Benefit. Ask any Assylum Seeker!

Answer 2

i had to flee from the middle east to escape my abusive ex husband i arrived here with 4 children £500 in my pocket and the clothes we stood up in, i worked and paid tax for 10 years before leaving uk and never claimed apart from child benefit, however i was told i couldnt get income support as i hadnt been here for last 6 months. however i was able to get a part time job and claim tax credit as there is no residential requirement on that. italy is of course an EU country so not sure if it would be different try asking citizens advice bureau.

Answer 3

Believe he could have only claimed JSA if he was claiming simalar benefits in Italy before moving back to UK, its called transporting benefits.

Long time since had to deal with JSA so may not be spot on with this advice, he may be best to ask for a full explaination of why he was refused.

No entitlement to Income Support this is only payable to Lone Parents, Carers receiving Carers Allowance, Disabled or Sick claiming DLA & Incapacity Benefits but not paid enough contributions

Answer 4

No income support entitlement because of too much savings I assume?

Get him to ask at the benefit office about JSA reciprocal arrangements. It may be possible to qualify for UK JSA based on contributions paid in another EU country.

Answer 5

Tell the authorities he is a Rumanian with eight starving children, he'll qualify straight away and he will also get free housing. That is if he goes to Slough.

We need a civil war in this country just to sort out the benefits system.

Answer 6

Tell Marc he should go back to Italy and claim benifit. or quite being a bum and get a job!

Answer 7

3years...
maybe he could contact the Citizens advice beraeu though as the DWP dont always tell you other options of benefits you can claim wheras the C.A.B will.
It may also depend on the reasons for him coming back,his financial status etc.
If he has children he should be able to claim income support even if no tax paid....
again take it up with the C.A.B they're more honest...then tell him to go in and get the forms they tell him to get.

Answer 8

its 3 years in the country before you are eligible for any benefits regardless of whether you were born here or not
the fact is he chose to leave

tell him to try getting a job rather than claiming benefits, he'll make more money!

Answer 9

He can't claim Job seekers allowance but will be entitled to income support.

Answer 10

I believe he could pay back NI contributions. A lot of people who have worked abroad have to do this if they want to get their retirement pensions.