Loophole: Can't get income or contributions based JSA

amyk_3

I am interested to hear if anyone has fallen through this strange loophole. My husband was made redundant from in Nov and we promptly went to claim JSA and housing benefit hoping he would be able to get back to work asap.

We have just found out (it has taken them since 13 Dec to make the decision) that he is not entitled to contribution based JSA because he has worked full time for the past 19 months out of 24 and they said that you need to have made class 1 contributions for the previous 2 years in full.

We are not entitled to income based JSA either, because my student grant for doing my phd of 1256 per month is above the £95 per week the government says a couple can live off. I don't understand why they assess this in its entirety because it looks like loads and is well above the amount stipulated by the government but this is not accounting for paying the rent.

They have advised us to go back to the housing benefits who were waiting for the JSA decision and ask for help on the basis of low income.

The trouble is, we live in London and the flat we are renting, plus the bills and food is exactly my entire student grant.

Has anyone else encountered this strange loophole and am I out of line to think that 1256 is not enough for a couple to live on in London?

I would appreciate your comments, Thanks

alwaysonthego_2

It is not a loophole as you class it.

To get contribution based JSA you need to have enough NI contributions for the past 2 tax years, which your husband has not.

Income Based JSA is means tested and goes on the household income. The government say a couple can live basically on £95 per week. Due to your grant it takes you over the income level to be entitled to it.

Although you think your monthly income is low, it is well above average compared to what most families have to live on.

Try www.entitledto.co.uk to see if your entitled to help with your rent.

amyk_3

Thank you.
Seems shocking that having always paid tax and NI myself prior to going back to education and also my husband has for the majority of his life that we cannot get help when we need it. Also seems shocking that a whole family could be expected to exist on less then my student grant, although I guess it would be possible in an area with much cheaper housing.

Oldernotwiser

Whilst I do sympathise, your student grant is untaxed and therefore equivalent to a salary of over £20,000 and you get the council tax discount as well. As you have said "the flat we are renting, plus the bills and food is exactly my entire student grant. " so it's difficult to argue that it's not enough to live on.

If you have a look at the Old Style and DFW Boards you'll find many ways to cut your expenditure until he finds another job.

baza52

amyk wrote: »

Thank you.
Seems shocking that having always paid tax and NI myself prior to going back to education and also my husband has for the majority of his life that we cannot get help when we need it. Also seems shocking that a whole family could be expected to exist on less then my student grant, although I guess it would be possible in an area with much cheaper housing.

Did you not only get married last year when you were 24?
Im guessing your hubby must be a bit older than yourself if he has worked the "majority of his life". mid 30s at least.

Oldernotwiser

amyk wrote: »

Thank you.
Seems shocking that having always paid tax and NI myself prior to going back to education and also my husband has for the majority of his life that we cannot get help when we need it. Also seems shocking that a whole family could be expected to exist on less then my student grant, although I guess it would be possible in an area with much cheaper housing.

If you had children then there'd be extra things you could claim, so a family would have more than this to live on.

The fact that you've paid NI/tax is irrelevant as you're not claiming benefits for yourself. Although you keep talking about a "student grant", as I mentioned before, it's equivalent to a reasonable wage.