Surrinder singh arrivals claiming benefits

[viennalove]

Hello:

After going round and round the Mulberry Bush (getting married in Vienna, moving to Malta to establish treaty rights [self-employment], and finally -- after one year ticking off requirements -- we (me - UK, husband - non-EU, son - non-EU) are finally in London.

Malta was simply a pit-stop on the march to getting the required EEA family permits. There is no possible way that living there getting paid 2 or 3 quid an hour would allow us to save enough to start life in the UK. So we have to rely on benefits to start.

Question:
With the new regulations which went into effect on Jan 1, what are our changes of being able to get Jobseekers and Housing benefits right away? Clearly we don't need this permanently, but we definitely need it as we try to establish ourselves here.

We arrived in the UK on Thursday, had first interview at the JobCenter on Friday, and have a "Habitual Residence Test" scheduled for Monday.

Help!

[askmeplz82]

from 1 January 2014 the following changes for job seekers will also take effect:

New Jobseeker's Allowance (JSA) claims made by European Economic Area (EEA) jobseekers and retained workers will be time-limited to 6 months unless they can demonstrate they are actively seeking work and have a genuine prospect of work;

EEA jobseekers (or a British national returning from more than a short period abroad) will be unable to get JSA until they have been living in the UK for 3 months;

http://www.turn2us.org.uk/information__ ... t_hrt.aspx

[viennalove]

Thank you. I read that and am wondering if there is an interpretation for "British national returning from more than a short period abroad."?

"Short period" is very subjective, as is the entire phrase posted above. To me, it sounds like it is referring to a British national who is returning to Britain from a non-EEA area. It doesn't sound relevant to me for British citizens exercising EU Treaty Rights?

[Casa]

Anyone who leaves the UK for more than 6 months will have to take an 'habitual residency' test on their return, before benefits are awarded.

[viennalove]

Yes, Casa, it's the exact interpretation of the HRT that I'm trying to understand. The verbiage is very vague. The interpretation of "short stay" could be one day or one year. It is this I am trying to clarify. Words have meaning. The interpretation of it makes a big difference ... and it's discretionary.

[askmeplz82]

A British filmmaker who has lived here all his life falls under new rule :

Tim Hall travelled to Brussels last year for a four-month internship
He tried to apply for Jobseekers' Allowance upon return but was denied it
He was told 'for benefits purposes only, you're not considered to be habitually resident in the UK'


http://www.dailymail.co.uk/news/article ... broad.html