HB and JSA - EEA & non-EEA spouse

[Goofy]

Hi all, I would like for knowledgeable forum members to assist with this please:

I, a non-EEA spouse, am currently unemployed (though daily seeking employment) and would like some clarification re the above. My employment history has been:

Jan 07 - Feb. 08 - in full time employment
Mar. 08 - July. 08 - unemployed/actively job seeking (living off savings)
Aug. 08 - Oct. 08 - in temporary employment
Nov.08 - Mar 09 - unemployed/actively job seeking
Mar. 09 - April 09 - part-time casual work
(prior to this, I was in full time study in the UK from 2004 - 2006)

My EU spouse: In continuous part-time employment since Sept. 2006.

Now, we didn't want to consider claiming any sort of benefits as we are not permanent residents in the UK yet and were not sure that we could; But due to our continued financial difficulty (both of us living on my husband's part-time earnings) we are finding it close to impossible to maintain a basic standard of living and would like to consider applying for housing benefits (put in by my husband) and contribution/income based JSA for me, if we are eligible. This is to "ease" some of the strain until I secure some paid work.

Is this something we both are eligible to claim without jeopardizing our rights of residence (and PR later) in the UK?

[meats]

Hi all, I would like for knowledgeable forum members to assist with this please:

I, a non-EEA spouse, am currently unemployed (though daily seeking employment) and would like some clarification re the above: My employment history has been:

Jan 07 - Feb. 08 - in full time employment
Mar. 08 - July. 08 - unemployed/actively job seeking
Aug. 08 - Oct. 08 - in temporary employment
Nov.08 - Mar 09 - unemployed/actively job seeking
Mar. 09 - April 09 - part-time casual work
(prior to this, I was in full time study in the UK from 2004 - 2006)

My EU spouse: In continuous part-time employment since Sept. 2006.

Now, we didn't want to consider claiming any sort of benefits as we are not permanent residents in the UK yet and were not sure that we could; But due to our continued financial difficulty (both of us living on my husband's part-time earnings) we are finding it close to impossible to maintain a basic standard of living and would like to consider applying for housing benefits (put in by my husband) and contribution/income based JSA for me, if we are eligible. This is to "ease" some of the strain until I secure some paid work.

Is this something we both are eligible to claim without jeopardizing our rights of residence (and PR later) in the UK?

Your husband can as an EEA national.

For you, it depends whether your visa has on it 'no recourse to public funds' or not. If it has that then no you can't claim anything.

I'm sure someone will correct me if i'm wrong

[Goofy]

For you, it depends whether your visa has on it 'no recourse to public funds' or not. If it has that then no you can't claim anything.

I'm sure someone will correct me if i'm wrong

Thanks for your input meats. As the non-EEA spouse of a EU national (married for almost 2 years) I hold a UK Residence Card which states " Residence Documentation of the family member of a EU national". So the "no recourse to public funds" clause does not necessarily apply here. Plus, is there not a technical difference between 'public funds' and 'benefits'?

[meats]

For you, it depends whether your visa has on it 'no recourse to public funds' or not. If it has that then no you can't claim anything.

I'm sure someone will correct me if i'm wrong

Thanks for your input meats. As the non-EEA spouse of a EU national (married for almost 2 years) I hold a UK Residence Card which states " Residence Documentation of the family member of a EU national". So the "no recourse to public funds" clause does not necessarily apply here. Plus, is there not a technical difference between 'public funds' and 'benefits'?

I'm not too sure about the UK residence card so i shalln't comment on that part.

Public funds and benefits are the same thing as far as whether you're entitled to them or not. Technically they are different but at the end of the day the benefits come from the public fund, ie taxpayers money. Still, that didn't stop the MPs from abusing it!

[Goofy]

Public funds and benefits are the same thing as far as whether you're entitled to them or not. Technically they are different but at the end of the day the benefits come from the public fund, ie taxpayers money. Still, that didn't stop the MPs from abusing it!

JSA is either income based or contribution based which implies that one would have to be/have been a taxpayer to be eligible anyway. I have paid my taxes in the past and will continue to do so once I secure a job; i just need some support (should I be entitled) in the interim - no abuse here.

[Goofy]

I would still like some further comments as to whether my husband can apply for HB and if i'm entitled to contribution/income based JSA.

Hoping to hear from anyone...

[yankeegirl]

John is our resident benefits expert, and hopefully he will correct me if I'm wrong, but as far as HB goes, your husband should have no problem claiming for it. You should have no problem applying for contribution-based JSA (provided you've paid enough NI contributions), as I believe that does not fall under the umbrella of "public funds". I'm not sure about income-based, though.

[86ti]

The ECIS mentions public funds in Chapter 12 but strangely only in connection with the EEA national. I think, however, those guidelines also apply to the non-EEA family member. The keyword there is indeed "contribution-based".

[Goofy]

Thanks yankeegirl and 86ti.

I have since spoken with the jobcentre plus and after an online evaluation the agent said that I appear to be eligible for income based JSA because my husband works under 24 hours a week. I cannot wrap my head around this... I explicitly explained to the agent that i was only looking to claim contribution based JSA but she said that the system came back with income based JSA eligibility only. How can I be eligible for this when I am not employed???

Hoping John can elucidate further...

[Goofy]

Ok, so I attended the Job centre yesterday and filed a claim for contribution based JSA. The agent advised that, as it is my 1st claim, it will take upwards of 2 weeks to be decided. However my "signing on" date took effect from yesterday and I am meant to report back every 2 weeks for a review.

If my claim is approved, will the payments be backdated to my 1st sign on date (17/06/09)? Or does the time spent waiting for a decision not count towards payment?

Lastly, do I need to inform my local HMRC office of this claim. Is contribution based JSA taxable?

Thanks in advance folks.

[Goofy]

Anyone care to help? Or am I not asking the right questions

[jhash]

Anyone care to help? Or am I not asking the right questions

Hi Goofy,

I think most of your questions can quickly be expertly answered at the Jobcentre, but its my understanding that your 'entitlement' will be assessed from when they first got info from you, when you contacted them and in London, this is usually a phone call first, they take 'some' info, then offer an interview a few days later. The money is usually paid from the date of contacting them with this initial over the phone 'assessment' - not when you had your first interview.

As for the other things, its for you to check with Jobcentre when you go back as they will probably be best to explain but certainly for NI contributions, you continue to get these but not the same type as when one is working, but they will go towards your pension and I do know when one leaves or signs off, the Jobcentre gives you a P45, like any employer and the money one gets in thisbenefit comes off the 'personal allowance' which is not taxable - i.e. you only start to pay tax when earnt (whether from benefits or work) over £6435 for this tax year, (give or take a few quid on this figure)!


Regards
Jhash

[Goofy]

Thanks jhash - very helpful comments.

I will be attending my 1st sign on next week so will try to get clarification on a number of issues. It's all so new to me which is why i'm making doubly sure I do not miss anything!

Thanks again.

[not sure]

hmmm.

I've got a linked question . . kinda.

Im a FT student, British citizen. My wife is on 2 year spouse visa, we have a 1 yr old son. I'm getting the impression that I can apply for HB and that this won't affect my wife's application for ILR/2 yr extension?

If this is the case, can someone confirm and show me where on home office website or summat it says this? I assumed that I couldnt claim HB because she's not allowed "recourse to public funds"??

[Goofy]

hmmm.

I've got a linked question . . kinda.

Im a FT student, British citizen. My wife is on 2 year spouse visa, we have a 1 yr old son. I'm getting the impression that I can apply for HB and that this won't affect my wife's application for ILR/2 yr extension?

If this is the case, can someone confirm and show me where on home office website or summat it says this? I assumed that I couldnt claim HB because she's not allowed "recourse to public funds"??

From what I understand (based on my husband and I applying for LHA) you lodge the HB application in your name but your wife's details are still required as she resides with you. However, you will be the primary claimant.

Now, back to me...

[Goofy]

Guys, I need some more help/guidance:

It's been over 2 weeks since my husband and I applied for Local Housing Allowance (HB) from our local council. On the the day of the interview the officer said we should expect a decision within 10 working days (2 weeks).

I made a follow up call today and spoke with the same officer and she said, in quite a laissez-faire manner, that the 10 working days quote is statutory but she currently has a back log which needs clearing first. So now we are hoping to get a decision by mid next week (almost a month since application).

Do we lodge a complaint regarding the delayed processing (and if so, who to?) or play it cool and wait till mid next week for the decision?

We are really financially strapped and need the LHA to have come through by now!

Thanks in advance for your support.

[Goofy]

This is a technical question and would really appreciate some advice:

My (CB) JSA claim and our HB claim finally came through. I was having a look at the HB calculation sheet and noticed that my weekly CB (JSA) was included as part of the household's weekly income which reduces our HB payments. Is this right? I have looked through the guidelines and it appears that only (IB) JSA is regarded for considering and calculating HB, no mention of (CB) JSA at all.

For instance they say to let the council know if you begin to receive or stop receiving income based JSA only.

Does anyone have an idea? Should my CB (JSA) have been included as part of the household income? John?

Also, do I need to inform the tax office of my JSA payments? I asked at the Jobcentre and was told "No".