UK citizen returning to UK

[Mrs_Pegasus]

What entitlements, if any, can someone returning to the UK be allowed to claim? The person has lived abroad for 10 years but holds a UK passport and was born in the UK. When the person returns, can they claim anything, be entitled to housing etc.?

[Pea Pod]

http://www.ukvisas.gov.uk/servlet/Front?pagena me=OpenMarket/Xcelerate/ShowPage&c=Page&cid=10 18721067624

[dzug]

Peapod's answer relates to returning residents who do not hold a UK passport. and is mainly about the possible need for a visa.

A UK passport holder has the right to enter the UK. It confers no other benefits.

So they will be eligible to claim benefits in the same way as any other resident. Contribution based ones will be refused, needs based ones will be subject to the normal rules.

[fiesata]

The benefits office will conduct an interview or issue a form for what is known as the Habitual Residence Test. Basically if the centre if interest is deemed to be the UK they are likely to qualify, if not no benefits- after 10 years they need to put a good case- this applies to all income related benefits

[Mrs_Pegasus]

Thank you for that fiesata. I have looked at the Habitual Residence Test and I think they would be OK with it. They are unable to stay where they are because the person whose visa they were on as left the country so they are in fact illegally residing in that country. Proving them staying wouldnt be difficult since they have nothing in place to indicate they are leaving any time soon and they are not liable to any other country.

I am sure there is a lot more they have to go through yet but so far its look positive.

[fiesata]

It's important to stress that they intend to remain here and that they have/are seeking permanent accommodation and they have found a doctor/dentist etc Even fully fledged British citizens are refused benefit so ensure al criteria are met as fully as possible - all the best

[coffeecasper]

Means tested benefits are all subject to the Habitual Residency Teast as stated earlier. The benefits office will also consider if you have the right to reside in the UK, but as a UK passport holder, that part should be OK. Nationality is not relevant as they will purely condier if you are normally resident in the UK. If you have been living overseas for a length of time, it is likely you may be found not normally resident. Remember, all social security decisions carry appeal rights of one month so if you do not agree with a decision, you must contact the benefit office as quickley as possible to tell them that you would like the decision looked at again.Depending what country you have come from and what arrangements are in place between UK and the other country, you could be eligible for Jobseekers Allowance or Incapacity Beneift based on National Insurance paid over seas. Again, ask the benefit office about this. People over state pension age may also be eligible to state pension based on national insurance paid in UKbefore leaving and the pension service may also count National Insurance (or equivalent) paid overseas.