I was left homeless and with no income

[lagaviota]

After signing on for 5 years and receiving JSA and Housing Benefit, I had an accident that resulted in a fracture of my foot and once I used the two periods of 14 consecutive days that I have the right to be ill, I was told I had to start a claim for Employment and Support Allowance and stop the JSA.

To my surprise I had to respond to the Habitual Residence Test within ten minutes of being told about it, on the phone and with no preparation at all. The DWP decided that I don't have the Right to Reside (RTR) because I am not a Qualified Person (QP). Their letter literally sais:"A person who is a workseeker is also a QP whilst they are signing on and receiving JSA. We understand you have been paid JSA from 01/05/2010 to 18/03/2015. Had you remained in receipt of JSA to 01/05/2015 you would have been a QP for 5 years and so you would have acquire a permanent right to reside. A permanent right to reside removes most restrictions on EEA citizens claiming benefits." They continue saying: "I can only suggest you reclaim JSA, asking for the claim to be dated from 19/03/2015 so that you can acquire a permanent right to reside."

A week later I received a letter from Lambeth Council stating they had suspended my Housing Benefit pending the result of my status from the Department of Works and Pensions.

I don't understand how come I end with no income and homeless (I rent to a private landlord and as soon as I cannot pay the rent he will ask me to leave the flat, which is understandable) only because by a matter of one month, because the last payment I received from JSA was on 1st April, I had to stop the JSA due to their regulations and policies.

I would like to know if anyone has gone through this situation and if they could find a solution to this problem. I would also appreciate any legal advice someone could offer me, to help me revert this situation.

Thanks a lot. I do appreciate your time and attention.

Gaby

[Petaltop]

After signing on for 5 years and receiving JSA and Housing Benefit, I had an accident that resulted in a fracture of my foot and once I used the two periods of 14 consecutive days that I have the right to be ill, I was told I had to start a claim for Employment and Support Allowance and stop the JSA.

To my surprise I had to respond to the Habitual Residence Test within ten minutes of being told about it, on the phone and with no preparation at all. The DWP decided that I don't have the Right to Reside (RTR) because I am not a Qualified Person (QP). Their letter literally sais:"A person who is a workseeker is also a QP whilst they are signing on and receiving JSA. We understand you have been paid JSA from 01/05/2010 to 18/03/2015. Had you remained in receipt of JSA to 01/05/2015 you would have been a QP for 5 years and so you would have acquire a permanent right to reside. A permanent right to reside removes most restrictions on EEA citizens claiming benefits." They continue saying: "I can only suggest you reclaim JSA, asking for the claim to be dated from 19/03/2015 so that you can acquire a permanent right to reside."

A week later I received a letter from Lambeth Council stating they had suspended my Housing Benefit pending the result of my status from the Department of Works and Pensions.

I don't understand how come I end with no income and homeless (I rent to a private landlord and as soon as I cannot pay the rent he will ask me to leave the flat, which is understandable) only because by a matter of one month, because the last payment I received from JSA was on 1st April, I had to stop the JSA due to their regulations and policies.

I would like to know if anyone has gone through this situation and if they could find a solution to this problem. I would also appreciate any legal advice someone could offer me, to help me revert this situation.

Thanks a lot. I do appreciate your time and attention.

Gaby

You wouldn't get PR if you have been claiming benefits as a jobseeker EEA citizen for 5 years.

The UK is stopping all benefits for jobseeking EEA citizens after 3 months now. That now includes those who have been claiming JSA from the UK for years and all their UK benefits will end, housing benefit, child related benefits ect.
https://www.freemovement.org.uk/benefit ... 4-changes/

[lagaviota]

Thanks for your reply Petaltop and for the link. However, if you read the article correctly it does not say they will stop paying benefits to those who were in benefits before but they will enforce a GPoW assessment to all remaining EEA nationals whose entitlement to JSA(IB) started prior to 1 January 2014.

Thanks anyway.

Gaby

[Petaltop]

Thanks for your reply Petaltop and for the link. However, if you read the article correctly it does not say they will stop paying benefits to those who were in benefits before but they will enforce a GPoW assessment to all remaining EEA nationals whose entitlement to JSA(IB) started prior to 1 January 2014.

Thanks anyway.

Gaby

There were two things there.

1. The DWP are not UKVI. 5 years on jobseekers does not give you PR.

2.When you apply again for JSA, you will find there is now a 3 month limit for you to claim jobseekers and remain a Qualified Person and they won't pay your rent during this time, just JSA (if you qualify for it). Even if you try to get your jobseekers reinstated and manage that (doubtful as you said you were unable to job hunt which is a requirement of JSA) there will still be a short time limit before they send you a letter for your assessment and then remove your JSA, Housing Benefit, any other benefits including child related benefits, and free NHS. The UK will not keep you anymore as you will no longer be a qualified person with a right to reside.

Any reason why you didn't find any work in the 5 years you lived in London?

[secret.simon]

I think (I could be wrong) that being in receipt of JSA counts as being "economically active" in terms of EEA regulations and that would have qualified the OP for PR had it been a continuous five year period of JSA.

No legal advice here, but has the OP asked for restoration of JSA with backdating to 19th March, as advised by the DWP's letter?

[Petaltop]

I think (I could be wrong) that being in receipt of JSA counts as being "economically active" in terms of EEA regulations and that would have qualified the OP for PR had it been a continuous five year period of JSA.

The UK ended that as a Qualified Person in January 2014.