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Claiming benefits upon returning to the UK

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4 years 10 months ago #249245 by Emma
Hello. I am looking for some solid advice please on behalf of my brother in law who is currently living in Spain. He wants to move back to the UK (he has been in Spain for over 20 years), and is wanting to sell his flat that is now in negative equity. He has become severely depressed, is very lonely, has very little money and also has physical health issues. He currently has a Spanish equivalent of DLA which the Spanish government pay half of, while insisting that the UK should be paying the other half, which they have refused to do so. This however is another matter. My main query is, we need to get him back to the UK before he ends up having a breakdown and is totally incapable of helping himself at all. What help can he claim upon his return in the way of Universal Credit (and help with rent that comes under that), and PIP/DLA? Also if anyone knows how he would stand with getting a council property? He is 58 years old. Sorry for the long post, but it is a very complicated situation and I have only found limited info via google etc. Any helpful advice would be so gratefully received :)

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4 years 10 months ago #249251 by Gary
Hi Emma

If you're a UK or an Irish citizen coming to live in the UK from abroad you may want to claim certain means-tested benefits. Depending on how long you've been out of the country, you may have to satisfy the conditions of a test, known as the habitual residence test (HRT) before you're allowed to make a claim.

To meet the conditions of the test you must show:

you've a legal right to live in the UK and claim these benefits. This is called right to reside and
you intend to settle in the UK, Isle of Man, Channel Islands or Ireland (the 'common travel area') and make it your home for the time being. This is known as habitual residence. www.citizensadvice.org.uk/benefits/briti...s-claiming-benefits/

I would advise you to seek help from a Welfare Rights adviser as it can be complex.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 9 months ago #249269 by Emma
Thank you for your help Gary. I will have a look at the link you have included.

All the best

Emma

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