Not eligible for JSA - partner is a full-time student

Dedalus

Hello. I hope I can get some advice on an issue I have.

I became unemplyed at the end of March. I immediately made a claim for Jobseeker's Allowance while I look for work.

Nearly 2 months later I was informed that I cannot receive any benefit, as my wife - a full-time undergraduate student - receives more than £100.95 per week in loans, grant and bursary for her studies. Apparently this is sufficient to support her, plus an adult dependant (students and former students will probably find this quite amusing given the reputation students have for lack of finacial independance/responsibility).

The main issue I have with this decision is the way this is calculated. The amount she receives for the academic year is divided by the 39 weeks of the academic year to arrive at a weekly 'income' figure. Fair enough. But I am under the impression that students cannot claim JSA during the summer weeks which do not constitute the academic year. This seems like an inconsistency in the legislation regarding students: either the amount they receive in loans, grants etc should cover the full 52 weeks of the year, in which case no JSA entitlement is fair, or they should be able to claim JSA during the summer weeks when they are outside of the academic financial year.

It just appears to be a hole in the system that suits the DWP, but unfortunately means that we are unable to claim JSA while I look for work. If her student loans and grants were divided by 52 weeks then we would meet the requirments for JSA eligibility.

I hope I've made this as clear as I can. Have I got the facts right on the legislation, and if so is this a justifiable piece of legislation? It seems that the DWP have set up the system so that they have the best of both worlds, and unfortunately we've been caught in the trap.

I really would appreicate any comments/advice/opinions that anyone has.

Thank you

dmg24

Unless in your final year, student finance is expected to last the whole year, including the summer break.

I am not sure what you are asking - you have been told correctly, you are not entitled to IB JSA, but you may still sign on for credits.

MrsManda

Not sure about benefits but as you no longer have a job has your wife applied to have her student loan reassessed as presumably your household income has dropped since she applied?
She may also be able to apply for Adult Dependents Grant.
I'm not how things are worked out but as benefits for student households are based on the amount of maintanence loan you are entitled to, not the amount you choose to take it is I suppose possible that this is taken into consideration.

Oldernotwiser

If you had paid the appropriate NICs, you would be able to claim contributions based JSA, regardless of your partner's income.