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  #91  
Old 7 Mar 2011
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I've just come back from a 6 month trip through Africa.. I went to my job-centre today to look for work and a little support before I find a job..

They told me I was a "habbitual resident" and probably not entitled to anything...

Sorry for working and paying tax all my life your heighness !! How dare I want to travel a little....
*******!
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Last edited by Bertrand; 9 Mar 2011 at 09:32. Reason: naughty word starred
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  #92  
Old 7 Mar 2011
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That's annoying for you Ted. There's no simple legal definition of 'Habitual Residence' just a mass of often contradictory case law. Also they should have said 'you're not habitually resident' so are not entitled.....

There was an initial proposal to exempt returning UK nationals but apparently this fell foul of the EU Convention on Human Rights as it was 'discriminating on the basis of nationality'!!
This was the comment from a Judges reccommendations following a case in '99:

"People coming back to the UK from any country and re-establishing their ties here should be treated as habitually resident as soon as they return "

"Have you ever lived in the UK before? If so, how long for and how did you support yourself? " is a KEY question they are required to look at when making the decision - you should be able to lever off this.
You also have the 'right to reside' which is a crucial factor, as is your future intentions. Any legal situation relating to future intentions is a bit vague and it cannot be held against you if you do not fulfil those intentions.

Basically it's a massive grey area and the chances of the person you spoke to being well informed are low, try again - if you get the same ask to speak to a supervisor etc. A refusal based on failing a habitual residence test (which it sounds like you didn't get to do?) does not stop you placing another claim immediately afterwards.

I wen't to claim incapacity benefit after I broke my back - I had an armful of x-rays and was in a full body cast, I still got some ar*&£ole jobsworth tell me no and that they 'see this sort of thing all the time'! Keep on trying, it's only the people that never work that know the system well enough to walk in, get cash and walk out.....

Last edited by henryuk; 7 Mar 2011 at 16:30. Reason: typo
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  #93  
Old 7 Mar 2011
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Originally Posted by henryuk View Post
That's annoying for you Ted. There's no simple legal definition of 'Habitual Residence' just a mass of often contradictory case law. Also they should have said 'you're not habitually resident' so are not entitled.....

There was an initial proposal to exempt returning UK nationals but apparently this fell foul of the EU Convention on Human Rights as it was 'discriminating on the basis of nationality'!!
This was the comment from a Judges reccommendations following a case in '99:

"People coming back to the UK from any country and re-establishing their ties here should be treated as habitually resident as soon as they return "

"Have you ever lived in the UK before? If so, how long for and how did you support yourself? " is a KEY question they are required to look at when making the decision - you should be able to lever off this.
You also have the 'right to reside' which is a crucial factor, as is your future intentions. Any legal situation relating to future intentions is a bit vague and it cannot be held against you if you do not fulfil those intentions.

Basically it's a massive grey area and the chances of the person you spoke to being well informed are low, try again - if you get the same ask to speak to a supervisor etc. A refusal based on failing a habitual residence test (which it sounds like you didn't get to do?) does not stop you placing another claim immediately afterwards.

I wen't to claim incapacity benefit after I broke my back - I had an armful of x-rays and was in a full body cast, I still got some ar*&£ole jobsworth tell me no and that they 'see this sort of thing all the time'! Keep on trying, it's only the people that never work that know the system well enough to walk in, get cash and walk out.....
Yeah.. I obviously contested their decision and now its going for assessment ! I was only out of the country for six months and working/paying tax until literally the day before I left.... As much as I HATE to be claiming on the system, It is necessary and I have been contributing to it for most of my life.

Thanks for the info.. I will use it against them
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  #94  
Old 8 Mar 2011
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Wink You're going the wrong way dude!

[quote=olyflyer;327159] and heading back to Guatemala to hook up with mates on similar bikes to be able to keep riding for a longer time
/quote]

I hate to point this out but....according to your Spot tracker, you are heading North.....and Guatemala is..... errr.... down!
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  #95  
Old 8 Mar 2011
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Originally Posted by *Touring Ted* View Post
Yeah.. I obviously contested their decision and now its going for assessment ! I was only out of the country for six months and working/paying tax until literally the day before I left.... As much as I HATE to be claiming on the system, It is necessary and I have been contributing to it for most of my life.

Thanks for the info.. I will use it against them
WHAT?????? - you VOLUNTARILY gave up a job to go on holiday and now want to claim benefits when you get back?? As a hard working tax payer, you can piss right off, matey. My taxes are not to provide lifestyle enhancement and convenience for the likes of you and there are probably millions of others who feel the same way. The world don't owe you a livin' pal - get with it, son.
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  #96  
Old 8 Mar 2011
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[QUOTE=Bertrand;327370]
Quote:
Originally Posted by olyflyer View Post
and heading back to Guatemala to hook up with mates on similar bikes to be able to keep riding for a longer time
/quote]

I hate to point this out but....according to your Spot tracker, you are heading North.....and Guatemala is..... errr.... down!
Hey Bertrand, I'm not into short cuts, there is a track I'm told if you follow the Appalachian trail north, go past a pole in some white land in the north and keep riding till it gets hot again and passed a line on the ground, but not the dotted one, you should be very close, or put the time drop bar on 7 months and then you'll see why I used the word 'back' in the sentence

Hey docsherlock that's my plan too I figure it I have paid taxes so I can use a bit of help when I return till I gets me a job and start paying them again, better than some of the guys I know who dodge work completely and get the dole and worse than others but hey, the super rich don't pay taxes they pay accountants, so get on their case
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  #97  
Old 8 Mar 2011
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I have to agree with Docsherlock, I have packed my job in on several occasions to go off travelling and have gone job hunting immediately on my return if I had not arranged one before leaving. The welfare system is there for people who lose their jobs not choose to go off travelling.
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  #98  
Old 8 Mar 2011
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Quote:
Hey docsherlock that's my plan too I figure it I have paid taxes so I can use a bit of help when I return till I gets me a job and start paying them again, better than some of the guys I know who dodge work completely and get the dole and worse than others but hey, the super rich don't pay taxes they pay accountants, so get on their case
Well you're as much of a ***** as him them, quite frankly. The welfare system is not there for your convenience when you want to go off traveling, it is for the unfortunate, genuinely unemployed.

Last edited by Bertrand; 9 Mar 2011 at 09:23. Reason: naughty words starred & provocative line removed
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  #99  
Old 8 Mar 2011
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Whoah chill out dude! you need a hug, I got laid off mate and I will not be lying to get the dole if I can get it, so be it, if not, so be it

so stop ass-u-me-ing you know me and don't judge lest ye be judged

ride on brother!!
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  #100  
Old 8 Mar 2011
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Quote:
Originally Posted by olyflyer View Post
Whoah chill out dude! you need a hug, I got laid off mate and I will not be lying to get the dole if I can get it, so be it, if not, so be it

so stop ass-u-me-ing you know me and don't judge lest ye be judged

ride on brother!!
In which case you are entitled to claim - good luck with getting another job. Sorry I made an inaccurate assumption.
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  #101  
Old 9 Mar 2011
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Quote:
Originally Posted by Docsherlock View Post
WHAT?????? - you VOLUNTARILY gave up a job to go on holiday and now want to claim benefits when you get back?? As a hard working tax payer, you can ****** right off, matey. My taxes are not to provide lifestyle enhancement and convenience for the likes of you and there are probably millions of others who feel the same way. The world don't owe you a livin' pal - get with it, son.
Ahhh, so i'm a "*******"
Listen here !! I have worked since I was legally old enough. I have worked part time, in low paid jobs to anything not to be on the dole. I have worked and been much WORSE off than sitting back and claiming benefit.

I'm not some work shy lay about who expects other people to pay for my holidays..

I have always paid tax and the system is there (WHICH I PAID FOR TOO) for a little help for people job seeking...I am a British resident and I too get sick of watching the world sponge off it and seeing a large percentage of my wages go on keeping the feckless and lazy in front of Jerry Springer all day..

FYI, the job I left was on a temporary contract and wouldn't be there if I stayed anyway.. I left and travelled because the contract ended !! I didn't quit...

Maybe I should ask for a breakdown on what you get as far as NHS treatment, tax refunds, tax credits, child benefit.. ?? Maybe I should assess how MY taxes are spent on you !! WHO ARE YOU TO JUDGE ????

So !! Get your facts straight and don't make assumptions before you jump up on your soap box. Small minded bigotry isn't fitting on this forum. I really thought you were better than all that from your previous posts on here.

And FYI... I have already found a job !!!



For everyone else, I apologise for the rant and for going off topic !!
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Last edited by Bertrand; 9 Mar 2011 at 09:24. Reason: naughty words starred
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  #102  
Old 9 Mar 2011
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Exclamation

Feelings are running high - come along chaps, please try not to use unpleasant words else I'll have to use my big stick

Now , I've more work to do to edit your posts to clean up those beasty words

If you really must have a pop at each other, please do it in private.

Help keep the Hubb the great happy & helpful place it is for all.
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  #103  
Old 9 Mar 2011
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Talking

[quote=olyflyer;327395]
Quote:
Originally Posted by Bertrand View Post

Hey Bertrand, I'm not into short cuts, there is a track I'm told if you follow the Appalachian trail north, go past a pole in some white land in the north and keep riding till it gets hot again and passed a line on the ground, but not the dotted one, you should be very close, or put the time drop bar on 7 months and then you'll see why I used the word 'back' in the sentence
I shall look forward to watching you spot progress-You are right! if you keep going north eventually you'll end up south! don't forget your huskies and maybe a canoe though....!!!!! happy trails Olyflyer
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  #104  
Old 9 Mar 2011
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FYI, the job I left was on a temporary contract and wouldn't be there if I stayed anyway.. I left and travelled because the contract ended !! I didn't quit...

Well why not say that then? your post comes across very differently and does seem to imply that one is entitled to benefits if one leaves a job to go off traveling and then returns.

Maybe I should ask for a breakdown on what you get as far as NHS treatment, tax refunds, tax credits, child benefit.. ?? Maybe I should assess how MY taxes are spent on you !! WHO ARE YOU TO JUDGE ????

Not sure what you mean by all this. I don't live in the UK but do, unfortunately, still pay them some tax.... Who am I to judge? - a tax-payer, that's who.


And FYI... I have already found a job !!!

- well done - you won't be needing the benefits then.

Sorry if I got the wrong end of the stick - your post did encourage it, though. If the situation is as you stated, you were entitled to claim benefits.

It is not bigotry to be pissed off at people who rip off the benefits system.

Good luck to you, Ted.
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  #105  
Old 9 Mar 2011
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Quote:
Originally Posted by Docsherlock View Post
FYI, the job I left was on a temporary contract and wouldn't be there if I stayed anyway.. I left and travelled because the contract ended !! I didn't quit...

Well why not say that then? your post comes across very differently and does seem to imply that one is entitled to benefits if one leaves a job to go off traveling and then returns.

Maybe I should ask for a breakdown on what you get as far as NHS treatment, tax refunds, tax credits, child benefit.. ?? Maybe I should assess how MY taxes are spent on you !! WHO ARE YOU TO JUDGE ????

Not sure what you mean by all this. I don't live in the UK but do, unfortunately, still pay them some tax.... Who am I to judge? - a tax-payer, that's who.


And FYI... I have already found a job !!!

- well done - you won't be needing the benefits then.

Sorry if I got the wrong end of the stick - your post did encourage it, though. If the situation is as you stated, you were entitled to claim benefits.

It is not bigotry to be pissed off at people who rip off the benefits system.

Good luck to you, Ted.

Thank you for you opinion... I'll be more careful in the future so not to encourage assumptions.
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