Does anyone know what an Ordinarily resident is?

[Linababe 0]

As the subject line asks... does anyone know what this is? I am applying to enter the states on the k1 visa and was reading a leaflet about Social security agreement with United Kingdom and the United States of America. And it says as I get Incapacity Benefit here it says i can also get it paid to me if I move to the states but I have to be an ordinarily resident.

Any ideas anyone??

Lina (UKC)

[zyggy 9]

PR I would assume...

[diadromous mermaid 36]

As the subject line asks... does anyone know what this is? I am applying to enter the states on the k1 visa and was reading a leaflet about Social security agreement with United Kingdom and the United States of America. And it says as I get Incapacity Benefit here it says i can also get it paid to me if I move to the states but I have to be an ordinarily resident.

Any ideas anyone??

Lina (UKC)

Such as... "as if he were ordinarily resident in the territory of the United Kingdom"? I interpret that to mean, as usual, as typical, as normally..regardless of where one is right now...

[Linababe 0]

PR I would assume...

umm ok so the PR is when I go through the AOS right? or is it once I enter on the k1? this could mean that I still get paid my incapacity benefit from the UK in the USA?

Lina (UKC)

[Kez/JWolf 6]

I used to be an Incapacity adjudication officer in the UK....

Incapacity Benefit is only payable if you are ordinarily resident within the UK.... so if you came to the USA for 4 weeks (28 days) holiday then yes you would still get your benefit paid to you...

If you are out of the UK for more than 28 days then your benefit is payable on your return(as long as you still have entitlement and are still resident in the UK)

If you have left the UK to reside in a non-EU country then incapacity benefit is not payable...

The only benefit that is still payable in the USA is retirement pension...

Hope this helps

Kezzie

Edited August 30, 2006 by Kezzie

[Linababe 0]

I used to be an Incapacity adjudication officer in the UK....

Incapacity Benefit is only payable if you are ordinarily resident within the UK.... so if you came to the USA for 4 weeks (28 days) holiday then yes you would still get your benefit paid to you...

If you are out of the UK for more than 28 days then your benefit is payable on your return(as long as you still have entitlement and are still resident in the UK)

If you have left the UK to reside in a non-EU country then incapacity benefit is not payable...

The only benefit that is still payable in the USA is retirement pension...

Hope this helps

Kezzie

Ok i was reading that leaflet SA33 from October 2005 Social Security agreement between the UK and the United States of America and it states under

Long term incapacity benefit - payment of UK long-term Incapacity Benefit in the USA - if you are getting long-term incapacity benefit, the agreement with the USA allows you to carry on getting it if you go to the USA. But you must become ordinarily resident there and continue to meet the conditions for getting your benefit.

Now im not sure what qualifies as long term incapacity benefit - i have been getting this benefit for the last 3 years so is that long term??

Lina (UKC)

[Kez/JWolf 6]

Are you still submitting med certs to your local office or have you had the medical and been found more than 80% disabled?

[Boiler 45,519]

Are you still submitting med certs to your local office or have you had the medical and been found more than 80% disabled?

It would appear to be for Depression.

[meauxna 15]

But you must become ordinarily resident there and continue to meet the conditions for getting your benefit.

In that context, I read it as being the day you move to the US.

[Linababe 0]

Are you still submitting med certs to your local office or have you had the medical and been found more than 80% disabled?

no i no longer submit med certs i have part of the incapacity benefit for mobility only.

[Kez/JWolf 6]

See the PM i sent you...

Kezzie