General UK immigration & work permits; don't post job search or family related topics!
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tdpff3
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by tdpff3 » Tue May 29, 2007 2:25 pm
This is not an immigration question.
I would like to know, is contribution based job seekers allowance considered public funds? How is it different than income-based JSA?
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mads
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by mads » Tue May 29, 2007 3:15 pm
What are public funds?
Public funds' include a range of income-related benefits, together with housing and homelessness support. The full list is as follows:
income-based jobseeker's allowance
income support
child tax credit
working tax credit
a social fund payment
child benefit
housing benefit
council tax benefit
state pension credit
attendance allowance severe disablement allowance
carer's allowance
disability living allowance
an allocation of local authority housing
local authority homelessness assistance
Am I allowed to claim public funds?
If your leave is subject to a condition that you have "no recourse to public funds", then in most cases you won't be able to claim any of the benefits, tax credits or housing assistance that count as public funds. However, exceptions do apply to some benefits. If you are in any doubt about whether you are able to claim a particular fund, you should contact the department or agency that issues it.
Do other benefits and public services count as public funds?
Only the forms of support listed above count as public funds. Public funds do not include the Benefits based on National Insurance contributions, such as:
contribution-based jobseeker's allowance
incapacity benefit
retirement pension
widows benefit and bereavement benefit
guardian's allowance
statutory maternity pay
Healthcare and education also do not count as public funds - although your immigration status may affect whether you are eligible for them.
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tdpff3
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by tdpff3 » Wed May 30, 2007 12:17 pm
Thanks, thats helpful detail you have supplied.
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Wanderer
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by Wanderer » Wed May 30, 2007 8:13 pm
mads wrote:What are public funds?
Public funds' include a range of income-related benefits, together with housing and homelessness support. The full list is as follows:
income-based jobseeker's allowance
income support
child tax credit
working tax credit
a social fund payment
child benefit
housing benefit
council tax benefit
state pension credit
attendance allowance severe disablement allowance
carer's allowance
disability living allowance
an allocation of local authority housing
local authority homelessness assistance
Am I allowed to claim public funds?
If your leave is subject to a condition that you have "no recourse to public funds", then in most cases you won't be able to claim any of the benefits, tax credits or housing assistance that count as public funds. However, exceptions do apply to some benefits. If you are in any doubt about whether you are able to claim a particular fund, you should contact the department or agency that issues it.
Do other benefits and public services count as public funds?
Only the forms of support listed above count as public funds. Public funds do not include the Benefits based on National Insurance contributions, such as:
contribution-based jobseeker's allowance
incapacity benefit
retirement pension
widows benefit and bereavement benefit
guardian's allowance
statutory maternity pay
Healthcare and education also do not count as public funds - although your immigration status may affect whether you are eligible for them.
Surely contribution-based jobseeker's allowance is public funds? Being as it's based on ur NI contributions, of which a few entrant to the UK will never have done.
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SYH
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by SYH » Wed May 30, 2007 8:24 pm
IN any case, you don't get anything unless it was a contribution from 2 years previous so that solves that concern
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John
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by John » Wed May 30, 2007 11:01 pm
Surely contribution-based jobseeker's allowance is public funds?
A simple question .... the simple answer ... no!
Being as it's based on ur NI contributions, of which a few entrant to the UK will never have done.
You are of course highlighting the inability of recent arrivals to get c-b jsa. The same applies to anyone who has recently joined the UK labour market.
Nevertheless it is totally possible for someone on certain types of time-limited visa .... for example someone during the latter stages of the 5 years on WP or HSMP ... to have paid enough NI contributions to qualify for c-b jsa ... while they still have a time-limited visa. Claiming such c-b jsa will cause no problem whatsoever to any subsequent application for ILR ..... given that c-b jsa is not without the definition of Public Funds.
John
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PaperPusher
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by PaperPusher » Wed May 30, 2007 11:18 pm
Nevertheless it is totally possible for someone on certain types of time-limited visa .... for example someone during the latter stages of the 5 years on WP
Apart from the fact that someone in the UK on a work permit should probably be working for the employer on the work permit, and not unemployed and claiming jobseekers allowance!
Even if the employee has a part-time job on the work permit, surely it should pay enough to support them so that they are not eligible for jobseekers allowance?
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John
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by John » Wed May 30, 2007 11:36 pm
Apart from the fact that someone in the UK on a work permit should probably be working for the employer on the work permit, and not unemployed and claiming jobseekers allowance!
Well yes but .... if someone loses their WP job ... they should not start a new job until the new employer has obtained a new WP for them .... and accordingly might be totally justified in claiming c-b jsa .... albeit for a temporary period of time.
John
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santosh_99
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by santosh_99 » Sat Oct 03, 2009 1:53 pm
Hi Sir,
My name is Santosh Kumar and am on old hsmp visa.i was working
with hsbc bank but last month i got made redundant.My question is i
have got AXA umemployment insuarce and that will suport me in this
difficult time but my insurance company asking me go to job centre
plus and claim jobseeker allowance and get ABI1 form ,now i know that
i am on hsmp visa which is come under immigration control.I went to
job centre plus and they advised me to claim jobseeker allowance on
the basis of my NI contribution over the years and they are saying i
am going to be fine.In this difficult time insurance money is very
much needed as i got made redundant and insurance company want ABI1
letter from job centre plus.I spoke to inland revenue and they process
my claim but i put this on hold as i am not sure about thet legalities
of this.
Therefore my question to you that if i will claim
jobseeker allowance on the basis of my NI contribution(ABI1) does it
going to affect my PR which is due in couple of year.Kindly answere my
question and clarifiy this point to me as no body else answering my
question.
I have send so many email to home office but no response so please help me out.
Hope for early response from your side.
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santosh_99
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by santosh_99 » Sat Oct 03, 2009 1:55 pm
Hi john Pls reply my question should i apply claim jobseeker allowance on the the basis of my NI contribution just to claim AXA umemployed insusrance which i have paying for years.
thanks
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peejay
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by peejay » Sat Oct 03, 2009 2:02 pm
santosh_99 wrote:Hi john Pls reply my question should i apply claim jobseeker allowance on the the basis of my NI contribution just to claim AXA umemployed insusrance which i have paying for years.
thanks
You can claim contribution based jobseeker allowance without effecting any immigration rules.
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santosh_99
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by santosh_99 » Sat Oct 03, 2009 2:04 pm
thanks peejay can you pls elaborate on this ?
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PaperPusher
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by PaperPusher » Sat Oct 03, 2009 2:20 pm
santosh_99
I just answered that question in your thread!!
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peejay
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by peejay » Sat Oct 03, 2009 5:26 pm
santosh_99 wrote:thanks peejay can you pls elaborate on this ?
Well...if you have contributed enough in your past in form of NI then you can claim Contribution based job seeker allowance as long as you are available for work and looking for one. I think you get that for around 6 months.
For Income based jobseeker you have to free from immigration rules and savings etc less then a particular amount.
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John
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by John » Sat Oct 03, 2009 8:12 pm
santosh_99 wrote:Hi john Pls reply my question
You send me a reminder ..... after 2 minutes! Not appreciated. I am allowed out you know, I'm even allowed to go to a football match! And thus be out for a few hours!
Contribution-based JSA is not within the definition of Public Funds, as defined in para 6 of the Immigration Rules.
John