Immigrationboards.com

Hi All

I have looked at the GOV website but was unable to find a clear answer. I have a family member who came from abroad over 10+ years ago to UK and holds a british passport, but the passport states "British Overseas Citizen".

They are physically disabled (unable to walk without zimmerframe etc) and elderly (70+) so receive 2 types of benefits:

Pension Credit
Mobility Component

Recently when speaking with the local council (to look into assisted housing/nursing home etc) I was told that due to my family member being a "British Overseas Citizen", they would need a "right of Abode". When i asked the council why they needed this, they responded saying that they need to see proof that the person in question has the right to access public funds. The part i dont understand is my family member receives benefits already, surely the government/council are satisfied that she is entitled to it else she wouldn't get getting it. So why now do the council want proof that she has right of abode?

Is it possible she already has this but just doesn't know about it? I have no idea who handled her previous matters with benefits etc, i am simply taking over.

Sometimes benefits have been claimed when not allowed and this has not been noticed by the benefits staff at the time.

As thay are in their 70s and claiming the mobilty component (of DLA/PIP), it appears they have been claiming benefits for a long time from the UK. Once they reach state pension age, there is no mobilty allowance, unless they had been claiming DLA/PIP before they reached state pension age - State Pension Age would have been age 60 for a female in her 70s now.

Has she got Right of Abode?

JB007 wrote: ↑

Sat Sep 07, 2019 7:10 pm

Has she got Right of Abode?

British overseas citizens rarely have right of abode.

CR001 wrote: ↑

Sat Sep 07, 2019 7:19 pm

JB007 wrote: ↑

Sat Sep 07, 2019 7:10 pm

Has she got Right of Abode?

British overseas citizens rarely have right of abode.

Then it looks like she has been caught. The benefit agencies share information.

Thank you all for the information. I dont think there are any suspect issues here, she has been getting benefits for over 10 years now. Numerous check-ins were done throughout this time by the council from what i am aware.

I suspect this is the reason: https://www.turn2us.org.uk/Benefit-guid ... t-benefits. There are 2 parts to this, The Right to Reside Test and the Habitual Residence Test. Perhaps she has previously passed the "Habitual Residence Test" and therefore its entitled her to the benefits shes gets. Or perhaps she is simply exempt (i have yet to look into why and what the criteria is)

va_y wrote: ↑

Sun Sep 08, 2019 4:28 pm

Thank you all for the information. I dont think there are any suspect issues here, she has been getting benefits for over 10 years now. Numerous check-ins were done throughout this time by the council from what i am aware.

I suspect this is the reason: https://www.turn2us.org.uk/Benefit-guid ... t-benefits. There are 2 parts to this, The Right to Reside Test and the Habitual Residence Test. Perhaps she has previously passed the "Habitual Residence Test" and therefore its entitled her to the benefits shes gets. Or perhaps she is simply exempt (i have yet to look into why and what the criteria is)

To add to this, seeing as she get the Pension Credit, that means she has passed the "right to reside" test too. So both tests passed at some stage maybe?

va_y wrote: ↑

Sun Sep 08, 2019 4:36 pm

To add to this, seeing as she get the Pension Credit, that means she has passed the "right to reside" test too. So both tests passed at some stage maybe?

Not necessary. The tests have changed and keep changing over time. The applicant is reassessed against the currrent tests when there is a change in their circumstances.

If your relative has been resident in the UK for a number of years, see if she qualifes for help in regulating her status under the Windrush Scheme.