# Returrning from Australia entitlements



## Frank (17 Jul 2010)

A mate is due home from Australia in a few weeks.

1 year visa has run out, so has to leave to avoid the 3 year ban for overstaying. He plans to get a proper working visa and go back in about a year.

He was working up to the time he left,

He has a place in town rented out at the moment, negative equity and rent not covering mortgage. Doesn't want to move back in as the tenant is good and reliable.

Is he entitled to the dole,assuming he doesn't fall straight into a job chance would be a fine thing.

Is he entitled to rent allowance? Gotta live somewhere.

I know things will be tight but hopefully he can pick up a job pretty quick.


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## gipimann (17 Jul 2010)

He won't be entitled to Rent Supplement as one of the criteria is either to have been renting for 6 of the previous 12 months, or be assessed as having a housing need by the local authority. As he has a home of his own, the local authority are very unlikely to consider him as having a housing need.


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## Frank (17 Jul 2010)

Thats what I thought.

Will let him know.


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## Welfarite (18 Jul 2010)

He can claim JB or JA as he has not been resident outside the country for more than two years.


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## Frank (18 Jul 2010)

It will be a year give or take a few weeks.


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## sunrock (19 Jul 2010)

He can`t claim JA as he has a rental income.
What`s the story with someone returning after more than 2 years abroad. Are they entitled to social welfare ?


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## djohn (19 Jul 2010)

If i was him i would not tell the social, unless he feels he has to, he is planing on going back in a year or he may be refused on the grounds of non habitual resident.


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## Moral Ethos (19 Jul 2010)

I agree keep the information given to a strict minimum.


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## Welfarite (19 Jul 2010)

djohn said:


> If i was him i would not tell the social, unless he feels he has to, he is planing on going back in a year or he may be refused on the grounds of non habitual resident.


 
This is nonsense. The Habitual Resident condition only comes into consideration if a person claims SW AFTER being out of the state for more than 2 years; future plans are irrelevant.


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## partnership (27 Jul 2010)

He will not be entitled to benefit as it is based on his stamps in the previous year of which he has none.  If he has been gone for a year then he needs to take care not to get caught in the habitual residency rules check out the welfare website.


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## Welfarite (28 Jul 2010)

partnership said:


> He will not be entitled to benefit as it is based on his stamps in the previous year of which he has none. If he has been gone for a year then he needs to take care not to get caught in the habitual residency rules check out the welfare website.


 The OP says he was working up to when he left and he was on a one-year visa; he may have contributions in 2008 to qualify for JB.
The HRC, as already stated, only comes into paly after two years absence, not one.


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