Claimant returned from America – entitled to claim?

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  • #39550
    Anonymous
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    Help required please! A claimant has returned from America to live here. At the time of this post, I don’t know how long he had lived there for – and if that would be relevant. He returned here in April 2011 and made a claim for JSA in July 2011. This was refused on the grounds that he was not HR, and DWP noted on his case notes that he could claim from 1 October 2011 and JSA (IB) has been awarded from that date. Is he entitled to claim HB prior to the award of JSA? I have read Reg 10 but after reading it I am no nearer understanding if he can or not! In advance, thank you for any help. Therese

    #112509
    Anonymous
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    DWP have made the decision that he is not habitually resident until he has been in UK six months (that’s the charitable answer – I think their default position is 3 months and they haven’t noticed he didn’t claim immediately on returning!). You can make your own decison. There is bags of case law but a phrase I seem to remember is that a person can establish HR in a day (don’t ask me which case).

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