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Returning to UK from America after business failed.
I have a client aged 63 married who has to return to the UK after his business has failed in Florida. He has no income and no savings and will live with relatives until he can get himself sorted. He needs to know what benefits he can get , does he have to have lived here for a certain length of time before he can claim? Or are there emergency payments he can claim? We thought of Job Centre Plus as his first port of call. Are there any other things I should be thinking about? Thanks
He’ll be subject to the habitual residence test in relation to means-tested benefits, and as a general rule of thumb is unlikely to be accepted as habitually resident in the UK until he has been here for 2-3 months (this will depend on how long he has been out of the UK, what the circumstances of his return are, whether he still has a ‘centre of interests’ in the US, etc). Once he is deemed to be habitually resident he may qualify for PC (depending on his date of birth) or JSA (if he is still of working age). If he finds accommodation, HB/CTB is a possibility (although again, not immediately due to the HRT).
What’s his wife doing? Is she with him or still abroad? If she has income/capital it will affect things (even if she is still abroad unless their seperation is likely to exceed 52 weeks).
Not of immediate help, but the reciprocal Social Security Agreement between USA and UK allows for aggregation of UK NI contributions and US Social Security Contributions for Retirement Pension when he reaches 65 (or ESA before then). DWP Overseas Office in Newcastle can address this.