26/07/2016
Many elderly people have lived abroad for years, some of whom will stay abroad, and some who will make the decision to return to the UK as they get older. This article has advice regarding eligibility to claim state benefits.
Depending on how long you have been away, many things will have changed. You should ask yourself why you are wanting to return and what your expectation will be. A valid point to consider is that as a UK citizen you are able to settle anywhere in Europe with an EU passport. What are your reasons for wanting to return to the UK?
One point here is that while you fondly remembered the UK while you were in another country, it is quite another thing to return to the inclement weather, high heating bills and rainy winters. It is perhaps a good idea to return to the UK for a few months and assess the whole lifestyle again. Can you accept the higher food bills, smaller houses and higher utility bills? Are you happy to use public transport and would there be anyone you know there any more? Are you happy to sell any property you have abroad and face a removal back to the UK?
Habitual Residence Test and Ordinary Residence
The Habitual Residence Test (HRT) is designed to find out if you intend to reside permanently in the UK and are in fact going to consider it your home. Any benefits you wish to apply for such as Housing, Council Tax Reduction and Pension Credits will be dependant on the outcome of this test.
While this is not an actual physical test, it is a series of forms you will need to complete to ensure you are eligible for any benefits. You will be asked things like reasons for returning to the UK, family ties and property you own.
The results of this test can take anywhere from a week and up to six months so it would be important that you have enough money to support yourself through this time and that you have a place to stay.
While you do have the right to appeal should your assessment go against you, it is still important that you are able to support yourself. If you do need to appeal, you should seek advice as soon as possible.
Ordinary Residence
‘Ordinary residence’ has been loosely defined in Shah v London Borough of Barnet (1983) 1 All ER 226, where the meaning of the words ‘ordinarily resident’ was considered. The words may be briefly summarised as referring to:
An individual who is living lawfully in the United Kingdom voluntarily and for settled purposes as part of the regular order of their life for the time being, whether of long or short duration, with an identifiable purpose for their residence here which has a sufficient degree of continuity to be properly described as settled.
For you to receive free non emergency treatment, you must be deemed to be an 'ordinary resident'. You might be asked to provide a rental agreement or utility bill in your name. Registering with a local GP will also count towards this.
In April 2016 new laws introduced state that individuals who have contributed towards National Insurance for longer than 35 years will be entitled to a full state pension.
A pension will be vitally important to you, so if you plan to return to the UK then it is advisable that you make sure you are eligible to receive one. Unfortunately, if you have been outside of the UK for a lengthy period of time, it might be the case that you do not qualify for a full state pension unless the UK has an agreement in place with the country you have lived in. Contact the department of Work and Pensions for further information.
Age UK states that should you need help with a disability or need a carers allowance, it is possible to have these. Carers Allowance is a benefit which is paid for someone who takes care of another person. If this is relevant, you should consider applying for it.
For you or a spouse to claim any disability or Carers Allowance you must reside in the UK and be classed as an ordinary resident. You must have lived in the UK for no less than 104 weeks out of 156 weeks.
Finally...
A recent survey showed that 5% of expatriots would prefer to return to the UK but cannot afford to do this.
Whichever choice you make, it is very clear that you should carefully weigh up all the pros and cons of either returning to the UK or remaining where you are.
