Wife is non-UK citizen / effect of work on i-b JSA

Lamplighter

Hi

I'm a UK citizen but am married to a non-citizen (but UK resident) who is not therefore entitled to any state benefit. I became unemployed last summer. I was working abroad and non-resident in 2005-8, so my NI contributions prior to 2005 are not valid for JSA calculations.

In the latter part of last year, with neither of us working, I claimed and received income-based JSA at the single-person's rate of £64.30 per week, together with council tax and housing benefit.

In November, my wife took a job at 20 hours per week at minimum wage. I informed my local JCP, who advised me that as it was less than 24 hours it didn't matter. I asked them if I could leave a note in my file as confirmation that I'd disclosed this, and I have a copy of this note.

My in-laws paid for us to fly to visit them for two weeks in January this year. I signed-off before leaving, and made a rapid-reclaim once back.

My reclaim is now being processed, and they have told me that my wife's employment does actually affect my benefit as it is income-based and her wage is household income, and that I'd been wrongly advised by the JCP in November (I'm thankful I have my proof of telling them!). The meagre £300 or so she earns per month actually wipes out the whole JSA.

I feel aggrieved on a number of issues:

1) as she is a not a UK citizen, she is expected not to be a burder on the state, therefore our JSA was at the £64.30pw rate not the higher couples' rate of £100.95. I don't have a problem with this, however anything she earns over £5pw is taken from the £64.30 that I receive - surely she should be allowed to earn £36.65*+£5pw before the benefit is reduced?
(*£100.95 - £64.30)
I also don't know whether we can apply for any sort of assistance for low-income owing to her nationality.

2) Her 20 hours per week are 5 x 4hr shifts, each requiring either a £5 return bus fare or 25 miles of fuel. We are actually worse of with her working if the JSA is removed.

3) I'm worried that they might want to reclaim what was paid in Nov and Dec, even though I told them immediately about her work.

4) My housing benefit is not being paid since we returned due to this issue not being resolved with the JCP, and my rent is now in arrears.

Are the JCP correct here? Is there anything I can do. Whilst continuing to look for a permanent position, I'm now also desperately trying to find some temporary work to supplement her income rather than her leaving her job, but even this is proving difficult!

Thanks, Lamp

ninky_2

yes, i'm afraid the job centre are right. you also need to check whether your being on benefits will affect your wife's resident renewal or application for citizenship. i know that when i applied for my OH to come to UK it was on condition that i supported him (not the state). unfortunately those on benefits don't have a right to have their overseas spouse come and live with them in the UK.

good luck with finding work.

healy

Lamplighter wrote: »

Hi

I'm a UK citizen but am married to a non-citizen (but UK resident) who is not therefore entitled to any state benefit. I became unemployed last summer. I was working abroad and non-resident in 2005-8, so my NI contributions prior to 2005 are not valid for JSA calculations.

In the latter part of last year, with neither of us working, I claimed and received income-based JSA at the single-person's rate of £64.30 per week, together with council tax and housing benefit.

In November, my wife took a job at 20 hours per week at minimum wage. I informed my local JCP, who advised me that as it was less than 24 hours it didn't matter. I asked them if I could leave a note in my file as confirmation that I'd disclosed this, and I have a copy of this note.

My in-laws paid for us to fly to visit them for two weeks in January this year. I signed-off before leaving, and made a rapid-reclaim once back.

My reclaim is now being processed, and they have told me that my wife's employment does actually affect my benefit as it is income-based and her wage is household income, and that I'd been wrongly advised by the JCP in November (I'm thankful I have my proof of telling them!). The meagre £300 or so she earns per month actually wipes out the whole JSA.

I feel aggrieved on a number of issues:

1) as she is a not a UK citizen, she is expected not to be a burder on the state, therefore our JSA was at the £64.30pw rate not the higher couples' rate of £100.95. I don't have a problem with this, however anything she earns over £5pw is taken from the £64.30 that I receive - surely she should be allowed to earn £36.65*+£5pw before the benefit is reduced?
(*£100.95 - £64.30)
I also don't know whether we can apply for any sort of assistance for low-income owing to her nationality.

2) Her 20 hours per week are 5 x 4hr shifts, each requiring either a £5 return bus fare or 25 miles of fuel. We are actually worse of with her working if the JSA is removed.

3) I'm worried that they might want to reclaim what was paid in Nov and Dec, even though I told them immediately about her work.

4) My housing benefit is not being paid since we returned due to this issue not being resolved with the JCP, and my rent is now in arrears.

Are the JCP correct here? Is there anything I can do. Whilst continuing to look for a permanent position, I'm now also desperately trying to find some temporary work to supplement her income rather than her leaving her job, but even this is proving difficult!

Thanks, Lamp

Yes the DWP are correct now.

The original decision was not correct on their part and therefore you should not have to repay the overpayment as you told them of the change of circumstances.

Lamplighter

Thanks both.

My being on benefits certainly wouldn't help come the time of her residency renewal (ILR), but as this is in Spring 2011 hopefully being benefit-reliant will be well behind us! I was in full-time employment at the time of her original granting of residency (FLR) so no worries there.

How does this affect HB and CTB? Should I contact the council directly to explain?

It's frustrating to take a break from looking for permanent work to assess possibilities for short-term cash-generative temporary work, especially as no-one wants a Chartered Engineer as an admin assistant!!! But I'll keep looking ...

Cheers, Lamp

Vader123

Lamplighter wrote: »

Thanks both.

My being on benefits certainly wouldn't help come the time of her residency renewal (ILR), but as this is in Spring 2011 hopefully being benefit-reliant will be well behind us! I was in full-time employment at the time of her original granting of residency (FLR) so no worries there.

How does this affect HB and CTB? Should I contact the council directly to explain?

It's frustrating to take a break from looking for permanent work to assess possibilities for short-term cash-generative temporary work, especially as no-one wants a Chartered Engineer as an admin assistant!!! But I'll keep looking ...

Cheers, Lamp

Is it complicated by your recent issue with capital deprivation query?

Vader

Lamplighter

Is it complicated by your recent issue with capital deprivation query?

Hi Vader

After five months full of discussion and correspondence, the involvement of my MP, Social Welfare and a local advice bureau, and ultimately lodging a formal appeal supported by all the aforementioned, the DM reviewing the case pre-appeal determined fully in my favour at the last minute! Apologies for not posting a result-note on my previous thread.

So, no, it isn't complicated by any capital deprivation issues!

krisskross

Would the fact that your wife is not eligible for UK benefits affect the payment of HB and CTB which benefits her?

Lamplighter

Would the fact that your wife is not eligible for UK benefits affect the payment of HB and CTB which benefits her?

It didn't previously (although I'm not sure whether my HB award rate is different than that for a UK-UK married couple), and the local council forms have a section regarding residency which was clearly and correctly completed, and copies of both her passport and resident card were made at the time of application.

Lamp