Claiming Benefits - Surinder Singh

nobodysperfect · Post by **nobodysperfect** » Mon Dec 10, 2012 1:57 pm

Hi All,

I am a British National who has recently come back after exercising my treaty rights in another member state. I have been in an out of the UK for last three tax years and have not paid enough National Insurance contribution in the last two years to qualify for the JSA. I think it is unfair that I am considered as an EEA national for my partner`s immigration purposes but not given the same consideration for my JSA. I am sure they do not check (or rather CAN not check) and EEA national`s tax contribution at any initial stage. I have been away and practicing my treaty rights by being self sufficient for most of my time and haven`t claimed any benefits in the member state. Has anyone been in the similar situation? How can I tackle this situation.

Thanks

jca142 · Post by **jca142** » Tue Dec 11, 2012 12:22 pm

Hi,
I read your post with interest... I have also returned back to the UK after a long absence. By the way what is JSA?? There are so many abbreviations on this site we could do with a key.....

I am now working and paying tax and NI. But this whole question of benefits etc... affects mywife and family and I find it all very confusing!

Which country were you in? I was in Belgium and also subject to Belgian Tax and social Security....

Hope you find some help from somewhere!

Ted · Post by **Ted** » Tue Dec 11, 2012 3:05 pm

nobodysperfect wrote:
I have been away and practicing my treaty rights by being self sufficient for most of my time...

Did you work and pay tax etc in a member state?

Ted · Post by **Ted** » Tue Dec 11, 2012 3:10 pm

jca142 wrote: what is JSA?? There are so many abbreviations on this site we could do with a key.....

JSA= Job Seeker Allowance

nobodysperfect · Post by **nobodysperfect** » Tue Dec 11, 2012 4:55 pm

Ted wrote:
nobodysperfect wrote:
I have been away and practicing my treaty rights by being self sufficient for most of my time...

Did you work and pay tax etc in a member state?

I was self employed in another member state however did not earn enough to pay taxes if that makes sense.

Post by **Casa** » Tue Dec 11, 2012 5:09 pm

You may be able to claim Earnings Related JSA as you don't qualify for Contribution based.

nobodysperfect · Post by **nobodysperfect** » Tue Dec 11, 2012 5:16 pm

Casa wrote:You may be able to claim Earnings Related JSA as you don't qualify for Contribution based.

I dont think we can claim income related JSA as my partner is earning more than the qualifying amounts for any kind of benefits .

Is there no other way to justify why your NI contribution wasn`t enough since you were practicing your treaty rights in another member state? This is another discrimination against your own citizens compared to EEA citizens.

Post by **Greenie** » Tue Dec 11, 2012 10:13 pm

See here

http://www.dwp.gov.uk/international/ben ... ce-in-eea/

as i understand it an Eea national would have to have been paying into a similar insurance scheme in another member state. They can't just claim contribution based jsa having made no UK national insurance contributions and no qualifying contributors in another member state.

http://ec.europa.eu/eures/main.jsp?lang ... anged=true

Ted · Post by **Ted** » Wed Dec 12, 2012 3:05 am

nobodysperfect wrote:
I dont think we can claim income related JSA as my partner is earning more than the qualifying amounts for any kind of benefits .

If your partner is earning a significant amount why dont you ask your partner to support you?

nobodysperfect · Post by **nobodysperfect** » Wed Dec 12, 2012 2:11 pm

Ted wrote:
nobodysperfect wrote:
I dont think we can claim income related JSA as my partner is earning more than the qualifying amounts for any kind of benefits .
If your partner is earning a significant amount why dont you ask your partner to support you?

You,Sir, are quite funny . You probably does not understand my intentions to throw this question at this forum. My partner does earn good and supports us as a family however they also pay a heavy amount of monthly tax. I have done the same over the years I have lived here and worked before I moved to another state. The JSA is a mere fraction of what I have paid on a monthly basis for years. I find its unfair on me that I cant claim JSA only because I did not work for a particular tax year out my years of professional life. What is significant for you or the authorities may not be enough for me.

Anyways there is definitely no solution for me and I realize that I can not claim anything on the basis of working abroad.

Ted · Post by **Ted** » Wed Dec 12, 2012 3:32 pm

nobodysperfect wrote: My partner does earn good and supports us as a family...

Your partner may be entitled to tax credits, as you are unemployed you can still sign onto jsa, and they will pay your stamp.
I can understand your anger at not being able to claim some of the contributions you say you had paid over the years but you dropped out of the system for a prolonged period, it would still be possible to get onto jsa but you will have to show them your whole financial situation plus other requirements.
Im aware of a two year period before you can apply for a number of benefits, unless you have certain circumstances.
Atleast your partner earns a good salary, as your situation could have been compounded by no support what so ever.

nobodysperfect · Post by **nobodysperfect** » Wed Dec 12, 2012 5:48 pm

Ted wrote:

Atleast your partner earns a good salary, as your situation could have been compounded by no support what so ever.

That is the only blessing right now. Thanks.

As far as the tax credit goes I feel we don`t qualify for anything.

Ted · Post by **Ted** » Thu Dec 13, 2012 9:41 am

nobodysperfect wrote:
That is the only blessing right now.......

The blessing could be that you cant get onto JSA. Benefits are a dead end game, that many people find hard to give up

nobodysperfect · Post by **nobodysperfect** » Thu Dec 13, 2012 2:21 pm

Ted wrote:
nobodysperfect wrote:
That is the only blessing right now.......

The blessing could be that you cant get onto JSA. Benefits are a dead end game, that many people find hard to give up

I know what you mean man! Sometimes you just need that extra push in life to make things simpler

. Nevertheless I have established that its not gonna happen for me.

Post by **Obie** » Tue Dec 18, 2012 11:45 pm

Well my understanding is that a migrant worker who returned to their memberstate, retain their status as migrant work, therefore they are entitled to benefits, even if they have not worked in the memberstate of their nationality.

To refuse benefit on the bases of lack of tax payment in the UK, when the person has worked and paid taxes in another state will be contrary to community law.

Post by **Greenie** » Wed Dec 19, 2012 12:11 am

According to the op's post he didn't pay taxes in another member state.

wiggsy · Post by **wiggsy** » Fri Jan 18, 2013 5:45 am

to be fair,

a british couple:
if one earns over £10, then £ for £ the benefit is deducted... - you claim as a couple. Couples support each other...

why should your case be any different?

:S

you say you paid in... have you ever been to the doctor, been to the hospital, etc? - tax pays for all that too... not only benefits.

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Claiming Benefits - Surinder Singh

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