Claiming benefits after living abroad

The rules and regulations around benefit entitlement in the UK are pretty complicated and eligibility is decided on a case-by-case basis.

In your case, it sounds like the first hurdle you’ll need to jump is the Habitual Residence Test (HRT), which aims to establish whether you intend to settle here for the foreseeable future. If you fail the HRT then you’ll be treated as a ‘person from abroad’ and not be entitled to means-tested benefits (such as Income Support, income-related Employment and Support Allowance, or income-based Jobseeker’s Allowance (JSA) – the main benefits for people unable to work or who are out of work. You also need to pass the HRT to claim Housing Benefit and Council Tax Support.

Even as a British citizen, you’ll have to pass this test and could be refused benefit until it’s established that you have become habitually resident.

When you make a claim, the Department for Work and Pensions (DWP) and/or Local Authority will ask for information about your time in Australia, the links you maintained with the UK, what links you retain with Australia, and what steps you took before coming back to the UK. The aim is to establish whether you have a settled intention to remain in the UK for the foreseeable future.

Unfortunately, the test is very subjective, so it’s not possible to say whether you’ll pass or not. You may well have to wait anything from a few weeks to several months – depending on your circumstances – before it will be accepted that you’re habitually resident.

There is another disability benefit that can be paid in addition to the above benefits and is specifically for people who need help with mobility and personal care. It’s called the Personal Independence Payment (PIP) – this replaces the old Disability Living Allowance (DLA). However, to claim, you need to have been in Great Britain for two out of the past three years (unless you’re terminally ill), so it sounds like you may need to wait a while before you could claim PIPs. You would also need to show that you are habitually resident here.

As you can see, you will be able to claim, but you’ll have to pass the residence tests firsts. This depends on how long you lived in Australia – the longer your absence from the UK the more difficult it will be for you to claim in the short-term.

If you need further advice on benefits or other matters, you can search for local organisations and national helplines using The Mix’s Find Local Services.