returning to uk from Australia after accident

[expat69]

hello

This is my first post,I emigrated to Australia in 2006 with the wife and 2 kids,all going well until in sept 08 i fell off a roof at work badly injuring my shoulder ,2 weeks in hospital 3 operations ,steel plates etc,not worked since that, all doctors reports tell bad news.Cannot really go back to my job as a plumber ever again,also have mobility problems as i cannot get around on public transport due to inability to hold on to grab rails etc.So we have decided to return to the uk, as i did not have private medical insurance before the accident i cannot get it now,and the wife's wage is barely livable on due to high cost of living here.We are returning permantly is there any chance of getting benefits as our kids are still young,and i will not be able to work due requiring further operations.Any information will be good

[ErikaPNP]

You would be subject to the habitual residence test, if you make any claim for income based benefits within 2 years of returning to the uk.

 

If you are returning solely to claim benefits and receive care on the NHS, it is highly unlikely that you would qualify for income based benefits.

[expat69]

You would be subject to the habitual residence test, if you make any claim for income based benefits within 2 years of returning to the uk.

 

If you are returning solely to claim benefits and receive care on the NHS, it is highly unlikely that you would qualify for income based benefits.

no i am returning permamently,and i have never claimed benefits before so some advice wouldnt go a miss,whilst reading some cases on here i am sure that i fall in the genuine catagory,whilst i see some genuine cases on here have difficulty claiming the benefits they should be entitiled too ,due to zealous benefit staff giving false information.As for the 'habitual residence test' i am trying to buy a house before i return and my children will be enrolled in local schools. Cannot do any better than that

[antone]

The Habitual Residence Test is usually a two part assessment, considering both "right to reside" and habitual residence. Of course, as a UK citizen you clearly have the right to reside, so that aspect of it won't be a problem.

 

There aren't any clear answers as to whether you would pass the second part, as it's very much down to the relevant Decision Maker. Factors that will be considered include, but aren't limited to: how long you've been abroad, what you were doing while abroad, why you left the UK, why you returned, and yes, factors like owning a house, having children enrolled in local schools etc will be considered and will probably mitigate in your favour.

 

HRT decisions are, as far as I recall, outcome decisions and thus can be appealed if you disagree with the DM.

[Aviva]

Here are some links to some information on ESA and the forms that would need to be completed. Jobcentre Plus - Working Age Benefits Employment and Support Allowance

 

Disability Alliance employment and support allowance resource page

 

Benefits for people who are sick or disabled

 

If you scroll down to page 9 (on the document in the link below) you will find a list of questions/things that will have to considered by the decision maker for the habitual residency test.

 

http://www.parliament.uk/commons/lib/research/briefings/snsp-00416.pdf

 

Remember to also register with a local GP and Dentist and get on the electoral roll. Here is a link to some other things you should do.

 

Moving back to the UK : Directgov - Government, citizens and rights

 

Antone is right there are no hard and fast rules for whether someone will pass the habitual residency test or not and you can appeal if you disagree with the decision.

 

The more you can do to prove you have permanently returned the better.

[expat69]

Does anyone know if i could get free training,to get me back into the workforce due to having a disability ?

[Helen2264]

Does anyone know if i could get free training,to get me back into the workforce due to having a disability ?

 

 

Yes you can have as much free training as you can get I can vouch for that because at my Job Centre they are always willing for people to go for training courses especially for returning back to work and as British Citizens you and your family will have absolutely no problem of receiving any benefit where ever you will be residing in UK just go to your Local Job Centre and Local Council and explain your circumstances. All should be fine.

[expat69]

Yes you can have as much free training as you can get I can vouch for that because at my Job Centre they are always willing for people to go for training courses especially for returning back to work and as British Citizens you and your family will have absolutely no problem of receiving any benefit where ever you will be residing in UK just go to your Local Job Centre and Local Council and explain your circumstances. All should be fine.

 

Thankyou for that ,still want to stay in the plumbing gas industry but cannot do manual work,so if the missus can get a secretarial job and i can train up ,as the fee,s for these courses are massive any help would be good,out in Australia like the USA,if you fall on hard times you are on your own?

[expat69]

Thankyou for that ,still want to stay in the plumbing gas industry but cannot do manual work,so if the missus can get a secretarial job and i can train up ,as the fee,s for these courses are massive any help would be good,out in Australia like the USA,if you fall on hard times you are on your own?

 

 

anybody managed to get higher rate mobility with a upper limb injury

[Aviva]

Here is some info: Disability Living Allowance - eligibility : Directgov - Disabled people

 

It appears that mobility is only given to people that have problems walking and higher mobility is for severe walking dificulties. Does your injury mean you have problems walking?

[expat69]

Yes I do have problems walking as any vibration or movement aggravates my shoulder injury. Public transport is a non-starter due to limited strength and movement in the right arm (dominant arm). I have just watched the easy rider government video on mobility and that young chap on it has got more mobility than I have got.

 

Any opinions would be appreciated