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Habitually resident test for my Fathers return to England & benefits
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duplex78 is in United Kingdom
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My 60 year old father who is British born moved to Italy just over 4 years ago. Due to financial problems over there & his health deteriorating he is forced to come back to England this November. He has Ehlers Danlos Syndrome although he has never had a formal diagnosis. This is now effecting his ability to walk. This is one reason why he is coming back to England.

The problem is that he obviously has no home to come to & not enough money to rent anywhere. He will have to live with me initially but I only live in a one bed flat so it’s not ideal. He is panicking a little & getting a bit upset as he just doesn’t know what is going to happen when he gets back. He is worrying about supporting himself financially, his health & accommodation. I have said that the first thing that he needs to do is register with a doctor.

From what I have read he would need to pass the Habitually resident test before he can claim any benefits although it does appear from what I have read on similar posts that because he was previously a UK resident this maybe granted immediately rather than the maximum wait of 3 months. But, this still doesn't allow him to claim any benefits as there is a minimum mandatory wait of 3 months for JSA. But due to my fathers health he cannot work anyway so he wouldn't be claiming JSA.

What I am trying to establish is the following:

  • What benefits could he be entitled to? It appears that he maybe entitled to ESA (Employment and Support Allowance) But would he still have to wait 3 months as the same as claiming JSA?
  • Would he have to wait 3 months for any type of financial help?
  • Can he look at council housing & apply as soon as he is granted Habitually residency?
  • Can he claim housing benefit as soon as he is granted Habitually residency or is this a 3 month wait?

Basically, because of my circumstances it would be best if he had his own place & some type of financial help as soon as possible but I am fearing that it looks like he wont for at least 3 months.

Any advice please?

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Posted
6 years ago