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Have I lost my legal rights? Or can I still claim?

 
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xtrm83
Newbie


Joined: 23 Feb 2012
Posts: 4
Location: United Kingdom

PostPosted: Wed May 16, 2012 11:40 am    Post subject: Have I lost my legal rights? Or can I still claim? Reply with quote

Hello everyone,
I find this forum very helpful so first of all I will like to say thank you to all of those who collaborate to make our doubts clear and our lives in the UK a little bit more easy.

Here's the question: Im an Italian citizen residing in this country for about 4 years now. In november last year, I made the mistake of quitting my job, because went to holidays for 2 months and the company didnt allow me to go for all of that time. So they suggested me to quit and that the doors of the company were always going to be open to me. Then I made it back to the country in January, they said they were in the middle of a redundancy and that they will not be hiring anyone else for a long period (I think they just wanted to get rid of me because since then they have been hiring and I have not heard from them).

Have I lost my legal rights here? Im not longer entitled to any estate benefits including Job Seekers Allowance under the Treaty Rights law??
Im quite struggling at the momment, have a child here, a wife whos working full time on a EEA2 VISA, etc...
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yasa
Guru


Joined: 29 Jan 2009
Posts: 1021

PostPosted: Wed May 16, 2012 5:29 pm    Post subject: Re: Have I lost my legal rights? Or can I still claim? Reply with quote

xtrm83 wrote:
Hello everyone,
I find this forum very helpful so first of all I will like to say thank you to all of those who collaborate to make our doubts clear and our lives in the UK a little bit more easy.

Here's the question: Im an Italian citizen residing in this country for about 4 years now. In november last year, I made the mistake of quitting my job, because went to holidays for 2 months and the company didnt allow me to go for all of that time. So they suggested me to quit and that the doors of the company were always going to be open to me. Then I made it back to the country in January, they said they were in the middle of a redundancy and that they will not be hiring anyone else for a long period (I think they just wanted to get rid of me because since then they have been hiring and I have not heard from them).

Have I lost my legal rights here? Im not longer entitled to any estate benefits including Job Seekers Allowance under the Treaty Rights law??
Im quite struggling at the momment, have a child here, a wife whos working full time on a EEA2 VISA, etc...


All EU/EEA and Swiss citizens who have the right to work in the UK are eligible to the same benefits as unemployed people from the UK:

•Jobseeker's Allowance
•Income Support
•Housing Benefit
•Council Tax benefit
•Childcare Benefit
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xtrm83
Newbie


Joined: 23 Feb 2012
Posts: 4
Location: United Kingdom

PostPosted: Wed May 16, 2012 7:30 pm    Post subject: Reply with quote

thats not what i have been told, actually, they stopped our housing benefit and council tax benefit even when i explained to them that we were not going to be away more than 13 weeks out from the country.

They sent me a letter explaining that as EU National I was losing the entitlement to any benefit unless I was exercising, in any way, treaty rights.

I got the letter with me and I´ve just found it, should you like to see it if you want
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Greenie
Guru


Joined: 21 Aug 2008
Posts: 6949

PostPosted: Thu May 17, 2012 10:41 am    Post subject: Reply with quote

if you are currently seeking work then you are exercising treaty rights. Are you seeking work? Have you registered with your local job centre? Have you attempted to claim JSA? (although note if your wife is working full time you are unlikely to be eligible for income based JSA, but may get contribution based).

Have you attempted to claim HB and CTB again?
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