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  • FIRST POST
    • simonr1603
    • By simonr1603 6th Oct 17, 4:29 PM
    • 3Posts
    • 1Thanks
    simonr1603
    JSA & HRT Advice
    • #1
    • 6th Oct 17, 4:29 PM
    JSA & HRT Advice 6th Oct 17 at 4:29 PM
    Hi all,

    I’d like some advice on claiming JSA. Been told conflicting advice by DWP staff so I’m confused as to where I stand.

    This summer after finishing Uni I travelled to the USA to work at a summer camp and go travelling. In total I was there for 11 weeks and 4 days.

    On return I have applied for JSA but been told that I have to pass a HRT in order to claim. It’s my understanding that I will fail the HRT due to not being back in the UK for three months.

    Does anyone know what the threshold is for making UK citizens undertake the HRT? I can only find a Guardian article that says three months. For the avoidance of doubt I’m 23 and born/lived in the UK my entire life.

    Thanks in advance.
Page 1
    • nannytone
    • By nannytone 6th Oct 17, 5:41 PM
    • 12,205 Posts
    • 18,118 Thanks
    nannytone
    • #2
    • 6th Oct 17, 5:41 PM
    • #2
    • 6th Oct 17, 5:41 PM
    the rule is the same for all EU citizens, regardless of the country of birth.
    they need to be resident in the UK for 3 months before they can make a claim
    • _shel
    • By _shel 6th Oct 17, 5:45 PM
    • 1,056 Posts
    • 1,811 Thanks
    _shel
    • #3
    • 6th Oct 17, 5:45 PM
    • #3
    • 6th Oct 17, 5:45 PM
    3 months back in the UK is essential but thy do look at other factors as well
    https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/british-and-irish-citizens-claiming-benefits/
    Thanks to everyone who posts competitions
    • simonr1603
    • By simonr1603 6th Oct 17, 5:56 PM
    • 3 Posts
    • 1 Thanks
    simonr1603
    • #4
    • 6th Oct 17, 5:56 PM
    • #4
    • 6th Oct 17, 5:56 PM
    Thanks for the link _shel. It's interesting that the page says,

    "If you've spent three months or more living or working abroad you could find yourself subject to the test when you return to the UK"

    Seen as the time I spent abroad wasn't quite three full months do you think I would have a case to be excused from the HRT and thus classed as a returning resident?
    • _shel
    • By _shel 6th Oct 17, 6:55 PM
    • 1,056 Posts
    • 1,811 Thanks
    _shel
    • #5
    • 6th Oct 17, 6:55 PM
    • #5
    • 6th Oct 17, 6:55 PM
    Something you can argue or get the CAB to argue for you but you’d be cutting it fine. It was very almost 3 months.
    Thanks to everyone who posts competitions
    • Bananas123
    • By Bananas123 7th Oct 17, 3:29 AM
    • 293 Posts
    • 123 Thanks
    Bananas123
    • #6
    • 7th Oct 17, 3:29 AM
    • #6
    • 7th Oct 17, 3:29 AM
    hello.

    i don't know 100% but turn2us also says 3 months+ of being away:

    https://www.turn2us.org.uk/Benefit-guides/Habitual-Residence-Test/What-are-the-two-parts-of-the-Habitual-Residence-T#EEA%20job%20seekers

    -------------------------

    what i DO know though, is that "11 weeks" is NOT "3 months" (as should anybody, with access to a calculator AND a brain).

    -------

    if you can prove you were away for less then (i.e. flight tickets) 3 months, and can confirm it is 3 months by ringing the appropriate DWP people.

    then it means the "staff member" was talking nonsense.

    it's very important to confirm from apropriate place about the limit (it is stated on "the internet" 3+ months though..... so doesn't apply to you if thats accurate).

    my sincerest apologies from the moron you were speaking to.
    • sheramber
    • By sheramber 7th Oct 17, 12:41 PM
    • 3,760 Posts
    • 2,771 Thanks
    sheramber
    • #7
    • 7th Oct 17, 12:41 PM
    • #7
    • 7th Oct 17, 12:41 PM
    The test does not say 12 weeks. It says three months.

    Are the dates of your absence three calendar months?
    • Bananas123
    • By Bananas123 7th Oct 17, 3:44 PM
    • 293 Posts
    • 123 Thanks
    Bananas123
    • #8
    • 7th Oct 17, 3:44 PM
    • #8
    • 7th Oct 17, 3:44 PM
    it's not that difficult.

    even three feburarys.... for the sake of being facetious = 84 days.

    In total I was there for 11 weeks and 4 days.
    = 81.

    ...

    .

    .
    • simonr1603
    • By simonr1603 8th Oct 17, 6:04 PM
    • 3 Posts
    • 1 Thanks
    simonr1603
    • #9
    • 8th Oct 17, 6:04 PM
    • #9
    • 8th Oct 17, 6:04 PM
    Thanks for your replies everyone. Definitely going to argue this at the interview tomorrow. Exact dates were June 10 - Aug 29 which is 81 days.
    • TELLIT01
    • By TELLIT01 8th Oct 17, 6:34 PM
    • 3,960 Posts
    • 4,061 Thanks
    TELLIT01
    Something you can argue or get the CAB to argue for you but you’d be cutting it fine. It was very almost 3 months.
    Originally posted by _shel
    Almost, or even 'very almost' doesn't come into it. It's either 3 months or it's less than 3 months. If less than 3 months absence HRT is not required.
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