Universal Credit eligibility by non UK citizen + housing benefit

monsieur

Hello

My name is Philip and i am 26...

I am creating this topic because i seek some information about my situation.

Basically i first came to UK in 2014 and have lived continously till 2017. My last job was in 2015.

In 2017 i started to go to Poland very often because i was quite bored in UK. So i have spent 7 months and from 2019 november till 1st of June this year.

So i have lost my accommodation in september and became homeless in Warwickshire area... I have slept in a tent for few months in the woods.

But after a while i have spoken with some english people and they advised me to contact council and report i am homeless, try to get emergency accommodation

So i have called them few days later and reported i am homeless and they said they have got accommodation for me in Birmingham. So i said i have no money for ticket, so they covered costs and i went there on my own next day.

Now it is supported accommodation with support worker. They said i need to be on Universal Credit to live here. When i have applied for it, they required me to look for jobs. But then later on i had to pass habitual test and i said i have spent 7 months in Poland where i just stayed with my family, like i have in England in the past, cuz my mum lived here.

But now i didn't pass habitual test because they said i am a jobseeker and that i haven't lived in UK continously for 5 years...

In 2012 in Poland i had terrible mental issues and i have been diagnosed with psychotic disorders. In 2014 i ended up in mental hospital where i have been diagnosed with paranoid schizophrenia. I have also been suffering from depression and suicidal thoughts for very long time.

So my friend advised me that i should have told UC about my mental issues, that i am mentally unstable and unfit to work. So i have called them and asked for mandatory reconsideration saying i am suicidal (police has reports as well stating this) and depression.

They said my case will be actioned till day of my payment which was 17th of Dec. Of course i haven't received anything. They have created a new claim for me where they stated i am unfit to work because i have got schizophrenia, psychosis, depression and i am suicidal and mentally unstable.

Now today i have had first commitments conversation but i told work coach that last time i have failed habitual test and that i am probably not eligible for universal credit... And i don't know what's going on now, because i might either lose my supported accommodation even though housing benefit covers costs i think. But i heard that without being eligible to UC i won't be able to live here so i might just go live back on the streets again... And i don't know if they will close my claim again...

They want me to get a job but every job i had was getting me into massive depression and suicidal thoughts... It was just getting me feel worse so i never worked for more than a month...

I am also extremely mentally unstable, in the morning i want to kill myself but later i feel great... I have got moodswings as well...

I don't know what's gonna be happening, i just would about writing about my situation here because i been suffering mentally for years and been refused to get UC and i think that i will be refused again... Because i have spent so much time in Poland this year :-(

And it just doesn't make things any better for me...

Do you think i have got any chances for UC or i am only wasting my time and i will have to go live on the streets again.

tommorow i am about to call a GP and warwickshire council and ask them what's going on but it's unbelievable how **** those UC people make me feel... And i have made my commitments, i applied for jobs and then i realised i wasted my time because i didnt pass some habitual residence test, but i'd like to live in this country and get permanent residence in 5 years, but now i am thinking about going back to Poland or i'll be forced to go back to place where i have lived before for years and sleep in tent again...

My question is do you know any other information that would actually make me feel better mentally, because at the moment i feel like a piece of junk, because i am not eligible for any support in this country... And i feel like some 2ndary citizen at the moment and i only have got pre-settled status.

I am worried all the time and nothing helps me...

Cheers

monsieur

They said that i was a jobseeker at first but now when i am unfit for work are there any chances that i'll get some support or i will be completely refused, (Removed by moderator, offensive content)

woodbine

Sorry I was about to offer some advice until I read your second post.

monsieur

woodbine said:

Sorry I was about to offer some advice until I read your second post.

sorry but it's seriously how i started to feel like here. i been refused any support from gov and universal credit just makes me feel worse mentally

council has put me here but they didnt make sure if i am eligible for universal credit

and i read a lot about germany and second world war and i started to feel completely the same... Because of my nationality and mental problems there is no place for me in this country

poppy123456

HI,

Although you came to the UK in 2014 you went back to Poland quite often from 2017. To be entitled to UC you must pass the habitual residence test so you may find that you'll fail this again. HRT and UC is very complex and you'll very likely need to get some advice from an advice agency near you.

What were you doing between 2015 when you last worked and 2017 when you went back to Poland?

Here's a link that explains some reasons why you may have failed the HRT. https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/problems-with-your-claim/if-youve-failed-the-habitual-residence-test/

To get perminent residence in the UK you must have lived here for at least 5 years and you haven't because you went back to Poland. Here's some information regarding the HRT and what you need to pass this.

https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/before-you-apply/check-if-you-can-pass-the-habitual-residence-test-for-benefits/

Start with this link for some further expert advice. https://advicelocal.uk/

monsieur

What was i doing well i was mainly hanging out with my english friends a lot. That taught me english very well and got me used to english culture and people. I have always felt positive about this country.
But now things have been different maybe because of covid and lockdowns...
I also have play in music band cuz i am drummer.
I lived with my mum so she was covering all costs of living.
In Poland i have lived by myself as well in a flat whereas in UK i had to share house with strangers... So this is why i have stayed in Poland for so long... But it has nothing to do with me fancy living in Poland cuz i have always liked England much more

I dont know maybe i should not bother and emigrate to different country like Sweden or something.
Will getting any advice from those people help me claim universal credit i don't think so

I just feel very disappointed and down that i been refusing everything and i am worried that i'll have to move out from supported accommodation because i am not eligible for UC
If i have lied that i have lived in UK would it get me different result. If i didn't say i spend 7 months in Poland... If i lied...
But i always say truth and now i have to suffer
I have also been volunteering in one charity shop because store manager was my best friend at the time.

but id love to get some education thats my aim because i am uneducated... I wanted to go to college... But now i know nothing

poppy123456

What you need is help to understand the HRT because unless you pass this you won't be able to claim UC, it's all very complex.

If you hadn't told them that you went back to Poland from 2017 they would have likely found out anyway.

Please use that link i provided to see what help is available local to you.

monsieur

But having unfit to work mental condition won't do any difference, will it?
Is it also truth that i am not eligible to live in supported accommodation because of this?

poppy123456

The reason they are saying that you won't be able to live in supported housing is because you will have no money to pay your rent. Help with any rent when living in supported housing comes from housing benefit because you can't claim for help with the rent under UC because it's supported housing.

To claim any means tested benefits you'll need to pass the HRT.

You also won't be able to claim any disability benefits such as Personal Indepenence Payments (PIP) until you've lived in the UK for 2 out of the last 3 years.

monsieur

Okay thanks for help.

But I am in supported accommodation now and I'm worried they will tell me to move out cuz I'm not eligible for uc.

But I read that by law I am allowed to stay for 5 months.

They asked me to apply for UC

poppy123456

For help with the rent you will need to claim housing benefit but there will be the same isuue with this as you're having with UC. You may very likely be refused because of the HRT.

poppy123456

PLease use the link i provided above to see what advice agency is local to where you live for further expert advice because of the HRT issue then you could be refused UC and housing benefit.

monsieur

Yeah they sent me to housing agency and guy applied for HB to cover costs of my accommodation then later I have applied for UC by myself.

But anyways they still haven't made a decision with my HRT after I did mandatory reconsideration I explained to them reasons why I stayed in PL for so long but that I always miss UK when I'm in PL and all my friends live here in England

We'll find out.

I can always go live in my tent again I don't mind . I have got friends here who help and support me, something I'm missing when I'm in PL.

Thanks for your time and links I'll post later what's going on with my second claim.

Cheers

monsieur

I have already lived in this supported accommodation for 5 weeks council had put me here.

Anyways have a nice day to you all

Ross_Scope

Hi @monsieur

Just wanted to express my sympathies for what you have had to go through and how you are feeling at the moment, it sounds so hard to deal with.

I have sent you an email to the address registered with your account, it would be great if you could check it and respond to us. 

In case this is of any use, here is an article about two people who were in a similar situation to yourself,  which might give you some encouragement in your fight to receive UC.

monsieur

Hello cheers

well yes at first i havent said anything about my mental problems and that i have been diagnosed with paranoid schizophrenia and stuff in the past

they said i am a jobseeker and can't receive this

but then my english friend told me i should have said this to them about my mental problems so i called them and asked for mandatory reconsideration... He says that i can get them to tribunal now if i get refused.

Because this is how i felt indeed discriminated like some (Removed by moderator, offensive language)

I am not entitled to universal credit and supported accommodation because in 2019 i stayed in Poland cause my grandma gave me keys to refurbished flat, so i lived there by myself... I have done this for my mental wellbeing

In UK i lived in shared accommodation with 5 people and that was pain in the ****...  

I haven't received any e-mail from you.

It's gonna be **** if because of my pre-settled status i will have to be homeless again

So those two romanians receive their UC now??

monsieur

@Ross_Scope Okay sorry it seems like your mail has been delivered

I wrote on my journal about my situation and stuff and i am still waiting for their decision.

At the moment i just want to stop thinking about that and enjoy what i have at present... I don't really have any credit on my phone as well to make phone calls...

So until i receive this decision i think i'd be better off stop thinking about that for my mental wellbeing.

chiarieds

Hi @monsieur - I'm sorry for the difficult situation you find yourself in. The only other thing I can think is to perhaps contact the charity Shelter. Please see: https://england.shelter.org.uk/

Their free helpline is 0808 800 4444. The helpline is from 8am -8pm weekdays, & 9am -5pm at the weekend. There's also a webchat 9am -5pm weekdays  https://england.shelter.org.uk/get_help/webchat

Please let us know how you get on. 

monsieur

Haha it's ok

My tent wasn't bad at all... The only downside was having no electricity to charge my laptop or smartphone haha

I was looking for some shelter to stay for winter anyways... And Council has sent me to Birmingham from warwickshire area...

I have got polish friends missing me in Leam, so after winter i'll be happy to go back live in my tent if english country won't be able to give me any support.

And my aim should be to get permanent residence in 5 years anyways, because i really want to live in this country and i have absolutely no any intensions to go back to Poland again. My mental state was really good as well... I was close to nature and animals...

monsieur

I keep forgetting that i have got assessment in college at 5th of January .

I hope i wont get kicked out till then!!

poppy123456

Assessment at college? Are you saying you're a student?