JSA and Housing Benefit all messed up, need help

WarrenFields

I was made redundant in Feb and finished work the start of March. I claimed for contribution based JSA as I was told to do so, in the meantime, I claimed for housing benefit and was paid in advance and was given a month to wait for my JSA claim to come through. I was told I might get an overpayment letter due to how long it's taking the Job Centre to process claims.

I get a letter saying my claim has been declined as I haven't paid enough NI. I had no clue at first what this meant and was told in interview on phone to claim contribution based.

When I claimed housing benefit, I told them my girlfriend was a full time student, and he told me because of how messy it can be claiming that way, to make his life simpler, he would just put it down as my half for rent. I then got an over payment letter for housing benefit the same time I handed in a form for income based JSA. I already used this money to pay my rent.

I was declined for income based JSA due to partners student loan/grant.

To break it down, I have no income. My girlfriend's loan/grant works out as 134 a week before rent is paid. Our rent is 220 (240 on LHA) a week (live in London in a basement). The Job Centre have told me we have enough money to live on from her income and on one instance, they told me they assumed this was money she had AFTER rent was paid. Fair enough, I understand that. But now they're being very unhelpful.

I've been to the housing office today and they're great. They told me the first person shouldn't have done my claim like that. They've also told me because my JSA isn't in payment (even though I'm signing on every week and using the machines) that they have to put my claim for housing benefit based on her 134 a week (they also asked how much of that money goes towards materials for her studies).

I've spoken to the Job Centre again who have still told me that they expect us to live on 134 a week and that's just their rules. I've read in a few places that every couple is entitled to 100.34 or something after rent is paid.

Is this right? I can't find it on the DWP website and I've had one person from the Job Centre clarify this for me, but now they deny it on the phone.

Someone is due to call me from the DWP to discuss my claim in detail as the person I spoke to couldn't really shed any light.

I'm new to all this and don't want any handouts, just want some help until I find work again. We can't move as we have no money for a deposit. It's my partners final year and is spending 10 hours a day with studies.

We've had hardly any money to live on since the 10th March and we've had to ration out the last shopping trip we did for rice/pasta/pulses.

Will this be sorted through claiming housing benefit through my partner's student loan/grant as income?

Any help or advice would be great.

AngelBadger

When you read about the £100.34 per couple did it say what benefit that was? Also how long ago was it written as things change?

If your gf wasn't studying fulltime you could apply for couples JSA which is £102pw. You are currently living off more than couples JSA which is why you will get no more benefits than the LHA & CTB.

WarrenFields

She is full time.

I can't find where I read that amount. I know it's 100 or so after rent is paid that are couple are entitled to and expected to live on. We'd find this very easy to do. Obviously we wouldn't get that because my partner has let's say 24 a week extra after her half of the rent is paid.

We aren't living off more than couples JSA as couples JSA is 102pw after rent is that right? My partner has 134 before rent is paid weekly. So before when she paid her half of the rent, she would have let's say 24 left a week.

Do I need to try and sort out HB first and then see what I can do with JSA? If our claim for HB is paying the full 220 a week then that's fine, we can live of what she has from her student loan fine. But I thought students couldn't claim HB.

dmg24

That is correct. Your income of £134 per week will be taken as income for LHA, and you will be assessed against the relevant LHA rate for one bedroom. You will not get the full LHA as your income is higher than the applicable rate.

Do you know how much the LHA rate is for your area?

WarrenFields

Our LHA is 240 a week. So once our HB is sorted out taking the 134 a week into account (seeing as they are assuming that income will go to rent) are we entitled to any JSA? Because if not, that would mean there is no money left for food etc.

I wish I could find what I read on the DWP website about couples being entitled to 100 after rent and council tax is paid to live on.

afc80

WarrenFields wrote: »

She is full time.

I can't find where I read that amount. I know it's 100 or so after rent is paid that are couple are entitled to and expected to live on. We'd find this very easy to do. Obviously we wouldn't get that because my partner has let's say 24 a week extra after her half of the rent is paid.

We aren't living off more than couples JSA as couples JSA is 102pw after rent is that right? My partner has 134 before rent is paid weekly. So before when she paid her half of the rent, she would have let's say 24 left a week.

Do I need to try and sort out HB first and then see what I can do with JSA? If our claim for HB is paying the full 220 a week then that's fine, we can live of what she has from her student loan fine. But I thought students couldn't claim HB.

the partner of a student can claim hb/lha. Your joint incomes are taken into account and you claim as a couple. If your income is above your applicable amount you take 65% of the difference your income and applicable amount and deduct from the one bedroom lha rate for your area. you then get your lha award.

if you have never claimed lha/hb in the previous 52 weeks and could afford your rent when you moved in your rent will be protected from any rent restriction for the 1st 13 weeks of your claim.

dmg24

No, you will not be entitled to JSA. The full £134 will not be deducted from your LHA amount, you will still have most of that to live off.

If you enter your figures at www.entitledto.co.uk it will give you an idea of your entitlement. It doesn't like students, but if you pretend your partner is not and enter her income as if she was working (select less than sixteen hours) you should be able to get an estimate. Off the top of my head they will probably knock £20 off your LHA entitlement, but that is only a very rough guess!

WarrenFields

I'm not fully understanding what you mean by applicable amount. Her income/loan is less than the LHA amount.

What do you mean by rent restriction?

afc80

WarrenFields wrote: »

Our LHA is 240 a week. So once our HB is sorted out taking the 134 a week into account (seeing as they are assuming that income will go to rent) are we entitled to any JSA? Because if not, that would mean there is no money left for food etc.

I wish I could find what I read on the DWP website about couples being entitled to 100 after rent and council tax is paid to live on.

the applicable amount for a couple is £100.95 per week, if you jointly have over that amount you wont get any dwp state benefits.

you can still get LHA dependant of your joint incomes.

afc80

WarrenFields wrote: »

I'm not fully understanding what you mean by applicable amount. Her income/loan is less than the LHA amount.

What do you mean by rent restriction?

a customer claiming LHA cannot get their benefit assessed on a figure higher than their LHA rate.

if their rent is say £250 per week and their LHA rate is £200 per week the case before their income is taken account will be based on the LHA rate of £200 er week and not on their actual rent of £250 per week.

However if their rent is £150 per week and the lha rate is £200 per week their case will be based on the £150 per week plus an excess payment up to a maximum of £15 per week.

Applicable amounts are needs allowances, if your income is above those needs allowances you lose 65p in the pound from the difference and that figure is deducted from your lha rate

hope that makes sense

WarrenFields

@ DMG24:

This might make sense because after the phone interview for LHA, they asked about her expenses from her grant (said it's something they have to take into account for students). Our LHA is 240 but in the email they sent me which I think is a rough estimate of what we'll get before we provide bank statements, it said 220 for entitlement. So possibly knocked off 20 like you said.

Okay, so I'm wasting my time with JSA then. I'm in the job centre a few times a week, but do I still need to sign on to get LHA?

Thing is, when I applied for LHA, I was given it up front, the told I've had an overpayment due to non payment from the job centre who said I wasn't entitled to anything. The housing office have told me they need to see my JSA in payment.

But since they've now done a new claim with my partner's income, am I right in saying they don't need anything from the Job Centre since they work out LHA and expect us to live on most of her 134 a week (or all?)?

AFC80: What is rent restriction. We have lived here for almost 3 years.