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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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I am a British citizen with a British passport aged 67 & in

Resolved Question:

I am a British citizen with a British passport aged 67 & in receipt of a State pension.
I have been self employed in Asia for 12 years but now my business is failing & my savings have diminishing to almost zero.
I fear, very reluctantly, I may have to return to the UK & throw myself at the mercy of 'the system'.
My question is, therefore, does that fact I have spent time abroad diminish my rights to DSS benefits & local authority housing benefits?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. The short answer is that living abroad will not prejudice your access to benefits should you return to the UK to live and take up residence. However, there will be a start up period of at least six weeks and possibly up to three month while you are re-establishing your English/UK residency when it might be agood idea to have private medical cover. By Article 11 of Directive EC/883/2004, access to the health system and social welfare system of any EU country, including the UK, is dependent upon a person being resident in the UK. So the NHS will treat you on an emergency basis during the first six weeks you return to live in the UK, but they will require at least six weeks residency before you are considered "resident" to get benefits. Having lived in Asia for 12 years, you will need to restablish your residency back in the UK to get back into the social assistance net to obtain benefits.2. The other issue of potential prejudice is that the STate pension in the UK IS dependent upon having worked in the UK for at least some years. Here is a link to a Pension Calculator whereby you may calculate what pension you would be entitled to https://www.moneyadviceservice.org.uk/en/tools/pension-calculator. Whilst it is not necessary to have worked all your life in the UK TO Gain a pension, you must have worked in the UK for some period in order to gain access to pension benefits. So you can use this calculator to see your position.3. Finally, you will need to put your name on list for the local authority housing in the place where you take up residency. You can do this once you return. However, be aware that there are waiting times for Old People Dwellings, I would also advise you to consider in advance where you might want to live as demand for OPD is heavy in London but much more accessible in Northern rural locations.
Customer: replied 1 year ago.

Thank you for your prompt response.

Re. part 2 of your answer: I have already put in my 30 years plus contributions & receive the maximum state pension.

Is this relevant?

Expert:  Buachaill replied 1 year ago.
4. Of course it is relevant. It means you will have an immediate source of money once you return to the UK. Be aware that you don't have to be in the UK process your pension entitlement. This is something you can do in advance of coming to live in the UK.
Customer: replied 1 year ago.

Thanks again Buachaill, - The point I am trying to make is: I have been in receipt of this pension since I became 65, hoping this will enhance my status as a bone fide Brit. as & when I return.

Expert:  Buachaill replied 1 year ago.
5. Being in receipt of a UK pension is evidence that you did not lose your UK domicile. This means that you automatically resume your UK residence when you return thereby entitling you to immediately use the NHS and other benefits. Please RATE the Answer as this is necessary in order that you Expert gets part of the monies you have deposited with the website.
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