Universal credit eligibility query; help please...

[rk_niu1981]

Hi
Hope you are all safe from Covid
Need some help please, could you review my situation and let me know if I can make a claim for universal credit...Thanks in advance

* In 2016 I became a british citizen
* From last July 2019, most of the time I stayed in India and am not working since then. I have been renting an apartment in UK but have vacated on Feb 21, 2020.
* Current situation is am stuck in India....I am desperately looking to come back to UK and start working again but because of covid, the flight travel has been banned now, not sure for how long
* My wife and my two kids are with me here in India. Whenever they resume air travel, I, myself will come alone and find a job, rent an apt etc and then bring my family in a month or two. But am presuming am stuck here atleast for a month or two.
* Myself and my one kid are british citizens
* My wife and my second kid are on Tier 1 Gen dep visas

Based on my situation and circumstances, could you please tell me if I am eligible to apply for universal credit?

Thanks in advance for your help.

[CR001]

could you please tell me if I am eligible to apply for universal credit?

Now, while you are in India (which is not possible) or to claim once you return to the UK??

https://www.gov.uk/universal-credit/eligibility

[rk_niu1981]

Hi CR001
Thanks for your reply.
I am currently in India, so that is why am looking for some help, can I apply for it or wait until i come back?
Thanks again,

[CR001]

You cannot apply if you are not living in the UK.

[rk_niu1981]

ok thanks a lot
one last question please, obviously when I come back I will be without work for sometime probably, so can I apply at that time? And also do I need to be renting a property to apply for it, because i will find a temporary accommodation until i find a job...do you have any idea, please could you let me know...

[rk_niu1981]

Hi CR001
I am not planning to live in India, due to circumstances, I was here, I had an apartment in UK till Feb 2020. I am in India now but will be back as soon as international travel is allowed...To summarise even though am in India now, I am not going to live here, will be back to UK soon
Can you confirm that I am still not eligible to apply?
Thanks again...cheers!

[CR001]

You cannot apply if you are not in the UK.

[JB007]

* In 2016 I became a british citizen
* From last July 2019, most of the time I stayed in India and am not working since then.

obviously when I come back I will be without work for sometime probably, so can I apply at that time?

You will have to pass the habitual residence test for means tested benefits (Universal Credit is a means tested benefit) because you have lived outside the UK for more than 3 months.
https://www.citizensadvice.org.uk/benef ... -benefits/

I doubt you will qualify for New Style JSA (contribution based) becasue you have not contribed to the UK (paid Type 1 National Insurance) for the previous relevant 2 tax years. You can always look at that when you return to the UK, to see if you do.

Expect to fund yourself for at least 4 months when you return to the UK, before you can have benefits. 3months to claim Universal Credit and then 5 weeks before UC is paid. You can ask for an advance for the UC benefit instead of waiting that 5 weeks once a claim is approved, which you then have to pya back.

And also do I need to be renting a property to apply for it, because i will find a temporary accommodation until i find a job...do you have any idea, please could you let me know...

When you have passed the HRT, if you want some benefit money towards your rent, you will need to be renting and will have to produce the tenancy agreement.

[JB007]

I doubt you will qualify for New Style JSA (contribution based) becasue you have not contribed to the UK (paid Type 1 National Insurance) for the previous relevant 2 tax years. You can always look at that when you return to the UK, to see if you do.

It doesn't look you will qualify for New Style JSA either as soon as you return to the UK.

New Style JSA is a contribution based benefit. Normally, this means you may be able to get it if you’ve paid and/or been credited with enough National Insurance (NI) contributions in the 2 full tax years before the year you’re claiming in.

Income based JSA is one of six means tested benefits that has been replaced by Universal Credit.

[JB007]

* From last July 2019, most of the time I stayed in India and am not working since then. I have been renting an apartment in UK but have vacated on Feb 21, 2020.

How have you been paying that rent when you haven't been working?

I assume that if you were claiming benefits from the UK, you tell/told the relevant benefits agencies when you leave the UK?
https://www.gov.uk/claim-benefits-abroad

[rk_niu1981]

Hi JB007
Thanks a lot for your response.
I was paying the rent with my savings. I only claim the child benefit for my two kids, which I get around $137 every month.
It appears I cannot do anything from here, I will come back to UK and if it takes lot of time for me to find some work, then I will find more details about it.

Thanks again for the help. Apologies for delay in my response. I thought I already responded to this but just nw i realized i did not. Cheers!

[CR001]

Are you aware that you have to inform the benefits office if and when you/children are out of the UK for 12 weeks or more and your benefits will be stopped. You cannot claim child benefit if you or your children are living out of the UK.

And based on your previous topics, you and your family have been out of the UK since June 2019.

immigration-for-family-members/tier-1-g ... l#p1891323

Have you bee claiming child benefit the whole time, almost a year, without informing the benefit office that both you and the children are living in India??

[JB007]

I only claim the child benefit for my two kids, which I get around $137 every month.

You cannot claim any benefits from the UK.

Also-

Benefit fraud

You’re committing benefit fraud if you:

- do not tell the office that pays your benefit you’re going abroad, even if it’s just for a visit
- deliberately do not report a change in your circumstances while abroad, like buying a property, working, or claiming a pension or benefit from another country
- are dishonest in order to get benefits, like continuing to claim the pension or benefit of someone who has died overseas[/list]

https://www.gov.uk/claim-benefits-abroad

[JB007]

I was paying the rent with my savings. I only claim the child benefit for my two kids, which I get around $137 every month.
It appears I cannot do anything from here, I will come back to UK and if it takes lot of time for me to find some work, then I will find more details about it.

If you have been claiming Child Benefit when you should not have been, it might be better to tell HMRC, rather than wait for HMRC or the DWP (who deal with benefit fraud and have now been given much greater powers to do so) to eventually find out. They are more likely to believe it was an error if you tell them before they tell you. You don't want to wait until you receive an IUC (interview under caution) letter.

https://www.gov.uk/benefit-fraud

[rk_niu1981]

Thank you JB007 & CR001.

Apologies I was not clear in my previous post. I did informed HMRC last month about the child benefit that I am getting and they advised they will send a letter advising how to pay them back the amount that was over paid to us. Actually I was planning to return back in 3 months time, but due to some personal circumstances my stay got extended.

Thanks again for your help guys. Stay safe from Covid