H R T and a British Citizen.

[David Ackko]

This is not a selfish plea, I can say briefly, but over the months I have learned a lot, but unfortunately, to non avail to me, and it is very serious please someone make a little time.

I am first a UK citizen, U am now 59 yrs old, born in the UK, and until 2003/ was here with home, on mortgage, now handed through myself to my wife, as we separated way back when we realized, time had come, we are very much friends,even after all this time,but we need not go into this really.

I returned to My Country, and had to go on or try to go on J S A, this was 16th of January this year, I had to take a Habitual Residency Test, which was no way anything but bureaucracy, and has so many contradictions it is a farce , I have proof of all I say , and even my M P, got an answer, but was informed
a total pack of lies, and he not able to change things , but I do think as he was at first discusted, I feel he was not armed enough of the real figures,so as to this day, I have not received a penny, my adviser has proved useless,C A B,, made some head way then said Id appealed as told to themselves , I have only ever asked for a reconsideration , 2 times, I have been turned down, I have had to move out of first rental I could get, and they have still not been paid, my present landlord even has problems even believing i have signed for my allowences, my Family are the same and my youngest Son, even emailed my M P, but mainly to put others at ease. as so long has this gone on, this could be a book, but id like to break it down but feel my friends here whom I turn to for advice may not read on, so short plea and my explanation will be replied to in full I swear.

I was in danger in Bulgaria, I had lost my job, I had worked for similar organization as a volunteer, for the forgotten kids,, as my other work turned sour, and this is putting it mildly, a charity here who knew of my plight decided to have a whip round as from dec 28th till Jan 15th I was actually homeless
beside an odd night here and there, all my belongings were taken from my small flat, by landlord who was tied in with some right egoistic, hoodlums, and bullies. I was hospitalized and I do swear this is not easy to say as I am a man , but cold hunger got the better of me for the first time in my whole life, I defended but no chance of winning as wages were held, and I was to be on the streets, so broken collar bone and bad other parts , I was hospitalized for 4 days, I could not claim welfare, and people I knew did get to call me long distance on a number of occasions, therefore an associate of whom I had helped in past, got together some people from various walks of life and got myself a flight, so me with a bag, and nothing else and unable to claim any help from the welfare system there In Bulgaria, my only option and as flight was paid for and persons so good at that time my choice was made for me
So now here in the U K, Southampton to be precise, I landed 16th jan 2013, I was advised to log on to JSA, as I did, an appointment was the made, and from there to them texting myself wrong dates for H R T Test, for an indevidual meet , to being in front of some team they call Aajcs , of which were nether use nor even knowledgeable of all circumstances, to this day I have comlied for all My worth and right now that is not too much is it, but no aid, and I am sent jobs so far I would need more than I could afford anyway if i was at some job to get to, I have applied I am under doctor but dare not go on sck as I will lose all I have not got, please I have to shut up now, but can be comletely true and would divulge all if I could get ;legal free help on this and I swear but any judge i have done all to be right by these unseen decision makers of which no person is an indevidual , we are all catorgarised and humiliated as a Man I just can not tak any longer so there we have it I willend upo another statistic, and no one will ever know bar my Family whom have lost faith in me over the torrid time I have had, in all weathers i am forced to be here there and everywhere, from me to them I have done all, Doctor , and impossible task of getting a bank, when the only written word I have is the Govnmt telling me I am entitled to nothing as far as they are concerned so they will see me homeless, hungary , and now the Sarc CAB, the church can not help any more even as food Bank is only for three issues of help aid and comfort. so please someone ask more and i will seek help, I would love to sue, but first need this resolved and I do say I am strong in mind , and need this help as I am so very distraught over this and losing my own families confidence , people please reply please.so very sorry to go on but my state right now this coming week is taking its toll , and i am not me at the moment. sincerely David.

Many Regards to all on here this site I have hope in, people.

[FlamingParrot]

Re: H R T and a British Citizen.

Hi and welcome!

As you can see here: http://www.parliament.uk/briefing-papers/SN00416 being a British Citizen doesn't mean not having to pass the test.

The Habitual Residence Test was introduced on 1 August 1994. The test is applied to all people (unless they fall into one of the exempt categories), including returning British nationals, who have recently arrived in the country and who claim certain means-tested social security benefits, or seek housing assistance from a local authority. For benefit purposes, a person who fails the Habitual Residence Test is treated as a ‘person from abroad’ and is therefore ineligible for benefit.

The DWP has published this, which deals with the issue in great detail: http://www.dwp.gov.uk/docs/dmgch0703.pdf

And there is also this on the Housing Rights website: http://www.housing-rights.info/habit...dence-test.php

If you are homeless, Shelter can help: http://england.shelter.org.uk/get_advice/homelessness

You don't have to be living on the street to be homeless. You may be legally classed as homeless if you are sleeping on a friend's sofa, staying in a hostel, suffering from overcrowding, or other bad conditions.

[leclerc]

Re: H R T and a British Citizen.

all I would add to what FP has said is the CAB link explaining HRT: http://www.adviceguide.org.uk/wales/...e_test_hrt.htm

[labman]

Re: H R T and a British Citizen.

Shelter would seem the best first point for housing. As for money, CAB are by far the best I know with Benefit issues. I would not give up on them, go back and keep fighting.

Stay strong!

[FlamingParrot]

Re: H R T and a British Citizen.

Shelter would seem the best first point for housing. As for money, CAB are by far the best I know with Benefit issues. I would not give up on them, go back and keep fighting.

Stay strong!

In my experience, the quality of advice and level of knowledge you get from CAB can vary widely, depending on the branch you visit and the particular advisor you deal with. I've found some advisors very knowledgeable and helpful, others rather clueless, so it may be worth trying different CABs. Some offer advice by email and/or over the phone as well as face to face.

You may want to look at the links above to see if your arguments fall into any of the categories mentioned.

[Eloise01]

Re: H R T and a British Citizen.

I am afraid to say that based on what the OP has said, I can see no grounds to believe that they will successfully appeal the HRT. The OP seems to be mixing two things here. One is their right to benefits as a British citizen, and the simple fact is that there is no such right. Anyone entering the country from abroad, regardless of citizenship, must do so without recourse to benefits except in a very limited number oif circumstances. There is a widely held perception, and a rather vastly mistaken one at that, that it is easy for people from other countries to enter the UK and claim a wide range of benefits. That is simply not true.

On the other hand, the OP also appears to be suggesting that they are in an asylum situation - that they face danger in their country of origin. This simply will not be accepted. Bulgaria is a "whitelist" country - the UK considers it safe and will not accept asylum applications. And asylum applications are the only grounds on which a person may claim protection from danger as grounds for entry to the UK.

I am afraid that if the OP wishes to remain in the UK then, if they are unable to rely on other sources of income than benefits, their only option is to obtain employment, whenever and wherever that is available.

It is haighly unlikley that the OP will find legal support on this matter, and there is no possibility of them suing because there is no evidence that anything wrong has been done to them. HRT is a legal test of eligibility for benefits, and the OP failed. With all the sympathy in the world for the circumstances the OP finds themselves in, I see no prospect of them changing except through their own efforts.

The OP appears to have a number of relatives in this country, and an ex-wife that he seems to be on amicable terms with - can the family not assist? This is what most people in these circumstances must do, if they enter the country without being able to support themselves.

[labman]

Re: H R T and a British Citizen.

http://www.adviceguide.org.uk/wales/...tizens_hrt.htm

[enquirer]

Re: H R T and a British Citizen.

In my experience, the quality of advice and level of knowledge you get from CAB can vary widely, depending on the branch you visit and the particular advisor you deal with. I've found some advisors very knowledgeable and helpful, others rather clueless, so it may be worth trying different CABs.

Agreed.

My experience of the CAB so far has been entirely negative. I have found it to be riddled with incompetents and political fanatics.

[Hungry Hound]

Re: H R T and a British Citizen.

This (HRT) , is a disgrace for the genuine cases of people who do need genuine assistance. It is cleverly designed and well structured new law( in Ireland it is called HRC " criteria "). As i was saying, for the genuine cases its a disgrace, as it was only thought up and designed for the building up of foreigners who ware coming into uk, and Ireland claiming dole and sending it back to there families ( out of the UK< or Ireland) "Now as it was designed for this , i think its perfectly legitimate, and very clever of the person who thought it up , in his think tank. he/she has saved the county millions. "AND RIGHTLY SO !!!" BUT………….

………here you have a genuine case , and an Original UK Citizen, and he is being treated much the same as an outsider ( none uk citizen, or Irish citizen ) The hrt/hrc, itself does 2 things.
1) it enables the system to force the ( Claiment ) into an appeals process, which takes Months and Months, and then when you get to an appeal, they accept you as a citizen, but say your claim is only valid from today( when ever that day be) consequently this means your back pay is Dashed/history. right there and then . Saves the government millions ! (and you do not always get accepted , it might be also said, so in that case your on your way, homeward bound to your own country. no money, no assistance , nothing
2) The claimant in this process has so much pressure on them, and no money that they are put in hardship so much they (most of them ) go home. Thus it works , as it was intended for.

The rules about the HRC/HRT, are so much a grey area too, it allows the system to "Scuse my french , but Take the pis@".