Can they claim benefits

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    Can they claim benefits

    Can somebody from Turks and Caicos claim uc housing element if they come to England to rent and they are unemployed?

    #2
    Point them at ...

    https://www.gov.uk/benefits-calculators

    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Thanks artful. Yes they can.

      Comment


        #4
        It depends on their visa conditions - NRPF (No Recourse to Public Funds) = no means tested benefits -and as far as I remember the benefit calculators could be sketchy on that point.
        (They didn't ask about it assuming that if you had NRPF you wouldn't be using them).

        It's a long time since I used one of them for a foreign national though so the calculators may have got better asking about immigration status.

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          #5
          One would hope that the answer is a resounding no

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            #6
            Originally posted by Neelix View Post
            One would hope that the answer is a resounding no
            Yes, Agreed

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              #7
              Checking further - Turks and Caicos is a British Overseas Teritory; so they don't need a visa to come to the UK.

              There are 14 BOT's (including Gibraltar and the Falkland Islands).

              According to the British Overseas Territories Act 2002, any person who, on 20 May 2002, was a citizen of a British overseas territory, except the Sovereign Base Areas of Akrotiri and Dhekelia, automatically obtained British citizenship on 21 May 2002.

              The people of the British Overseas Territories are British Nationals.
              They (generally) have the rights of any other British Citizen.

              They are free to enter and leave the UK at any time, they have the right to rent.
              Like any other British Citizen they are entitled to claim benefits if they meet the qualifying conditions.

              Comment


                #8
                Originally posted by nukecad View Post
                It depends on their visa conditions - NRPF (No Recourse to Public Funds) = no means tested benefits -and as far as I remember the benefit calculators could be sketchy on that point.
                (They didn't ask about it assuming that if you had NRPF you wouldn't be using them).

                It's a long time since I used one of them for a foreign national though so the calculators may have got better asking about immigration status.
                People from T&C have a British passport which, I think, allows them to claim benefits in England.
                Interesting point about visas.

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                  #9
                  Guernsey isn't part of the UK but they have a British passport so I suppose they can claim benefits too?
                  I'm also getting a lot of enquiries from people coming over and and wanting to come over, from Hong Kong.

                  Trying to sort it all out is time consuming and tiring. I don't want to make an expensive mistake

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                    #10
                    Originally posted by Neelix View Post
                    One would hope that the answer is a resounding no
                    Why, the Turks and Caicos is as British as the Falklands?
                    And its citizens are as British as the people of (for example) Gibraltar.

                    Is there any particular issue you have with people from Turks and Caicos?
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                      #11
                      No. I don't have an issue. I'm just trying to avoid making a mistake.
                      Since I made my post I've found out that all people with a British passport can claim benefits even if they come from a country that is not part of the UK.

                      I seem to be getting a lot of requests from people not living in England but want to rent my property.

                      Comment


                        #12
                        There are other conditions to claiming benefits, such as the 'Habitual Residence' test.
                        https://www.entitledto.co.uk/help/ha...residence_test

                        I'm not sure just how that works with those from BOTs though; from what I can find it looks as if they would be treated the same or similar to "British and Irish nationals returning to the UK after a lengthy absence".

                        I'm also getting a lot of enquiries from people coming over and and wanting to come over, from Hong Kong.
                        Hong Kong is no longer a BOT, but there can still be special rules.
                        Someone with limited leave to enter or remain in the UK as a "Hong Kong British National (Overseas)" can be eligible for benefits (subject to the HRT, and other qualifying conditions) - as long as their immigrations documents don't say No Recourse to Public Funds.

                        EDIT - Your are in complicated teritory with all this, welfare advisors see many benefits claims refused because they failed the HRT, often though that's because the DWP staff don't understand the rules and the claims are later allowed on reconsideration/appeal..
                        It's not helped by the fact that "Habitual Residence/Habitually Resident" is not defined in law.

                        Comment


                          #13
                          Originally posted by Berlingogirl View Post
                          No. I don't have an issue. I'm just trying to avoid making a mistake.
                          Sorry, my comment wasn't in any way directed at you.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            Originally posted by jpkeates View Post
                            Why, the Turks and Caicos is as British as the Falklands?
                            And its citizens are as British as the people of (for example) Gibraltar.

                            Is there any particular issue you have with people from Turks and Caicos?
                            Its a tax haven isn’t it?

                            Comment


                              #15
                              Originally posted by SouthernDave View Post
                              Its a tax haven isn’t it?
                              One of several that we are responsible for, yes.
                              It's not as popular as the British Virgin Islands, as far as I can tell.
                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment

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