Got JSA, but didnt get Housing/Tax Benefit, what is going on ?

sunspell

Hi, if anybody could help me please, I would be very grateful.

I am Lithuanian, I am in the UK for 4 years PERMANENTLY. Im receiving JSA Contribution Based for few weeks ( claimed by internet, I went through all red tape with HRT2(HABITUAL RESIDENCE TEST) and HRT2(R) (RIGHT TO RESIDE STENCIL) papers) and I claimed for Housing Benefit and Council Tax Benefit. I filled form and I was waiting for decision.
I need to let you know that until last month I have never claimed any benefit for 4 years !

I thought that everything is gonna be allright, but today I got letter from Council saying :

We have decided that you are not entitled to claim benefit. This is because you need to show that you have a Right to Reside in the country. As you are not working, and have claimed that you currently only receive contribution based JSA, you are not classed as being self sufficient. You therefore cannot be classed as having a Right to Reside.

As you did not have a qualifying Right to Reside you did not satisfy Housing Benefit Regulation 10 and Counil Tax Regulation 7 and are ineligible for Housing and Council Tax Benefit as you are classed as a Person From Abroad.

Self sufficient ? I was self sufficient for 4 years !!! Now I am not that's why I ask for help. If I was self sufficient I wouldnt claim.

Does anybody could explain me what it means ? because I lost for words.

Regards.

dazzadub

i think basically what they trying to say, they need to see some form of paperwork to show your right to be here. and i imagine they wouldnt want to give benefits out if you dont have the right,

im no expert but im sure someone will be along soon to anwser question

RAS

trying reading this http://www.housing-rights.info/03_1_2_Housing%20_benefit_law.html

Although I admit it is double dutch to me.

sunspell

Thx for help. As I know Job Seekers Allowance requires Right to Reside, I passed that, If i didnt pass they wouldnt give me any penny from Job Centre, so what is problem for Council ?

Jowo_2

Book an appointment with your local Citizens Advice Bureau for a free check on your benefit entitlements.

There is a small section on A8 nationals and LHA on the following council website

http://www.oxford.gov.uk/PageRender/decCB/People_from_abroad_occw.htm

A8 Nationals

If you are an A8 National you are able to claim Housing and/or Council Tax Benefit providing that you satisfy one of the following general rules:

• you are a registered worker - You only count as a worker from the date that you started work and providing you have a valid workers registration card. You must apply for a workers registration card within one month of starting work. Failure to do so will mean you are will not count as a registered worker and therefore you will not be eligible for Housing and Council Tax Benefit
• you are a worker not required to register - You will not be required to register once you have completed 12 months legal work (with a registration card) without any breaks of 30 days or more, or if you are a family member of a EEA18 National or if you have been posted to work in the UK by your employer.
• you are a Self Employed worker - If your employment ends prior to you completing 12 months continuous and valid employment you stop being treated as a 'worker' and therefore you are not entitled to Housing and Council Tax Benefit. If the break in your employment is less than 30 days cumulative then your employment will still be classed as continuous.

If you satisfy all of the above conditions you will be treated as an EEA worker and therefore you are eligible to claim Housing and Council Tax Benefit, which will then be assessed based on your income and capital.

sunspell

I booked for appointment in CAB because my application for Housing/Tax Benefit was refused even though I'm receiving JSA Contributions Based.
In CAB I was told that because I'm receiving JSA Contribution Based, I'm not entitled to get any Housing/Tax Benefit.
I was told that after 26 weeks of JSA Contribution Based I could claim for JSA Income Based and then if I received any money from any job then I could be eligible.

Is it all right ? I feel misled.

Could anybody please write precisely ALL differences between JSA Income Based and JSA Contribution Based with consequences on other benefits ?
How it affects other benefits, or any free treatment such as dental etc.



Regards.

dmg24

If you are claiming CB JSA you can claim HB/ LHA on the basis of being on a low income. However this will take into account your household income - do you have a partner that works?

HappyMJ

You may not meet the asset test. Do you have over £16k in assets?

AsknAnswer2

sunspell wrote: »

I booked for appointment in CAB because my application for Housing/Tax Benefit was refused even though I'm receiving JSA Contributions Based.
In CAB I was told that because I'm receiving JSA Contribution Based, I'm not entitled to get any Housing/Tax Benefit.
I was told that after 26 weeks of JSA Contribution Based I could claim for JSA Income Based and then if I received any money from any job then I could be eligible.

Is it all right ? I feel misled.

Could anybody please write precisely ALL differences between JSA Income Based and JSA Contribution Based with consequences on other benefits ?
How it affects other benefits, or any free treatment such as dental etc.



Regards.

Benefits are very complicated and vary depending on circumstance. I very much doubt that anyone here has the time to write precisely ALL differences between JSA income based and JSA contributory based, and how it affects other benefits, because frankly they'd be here all night.

The short of it is that with JSA (c) there is no passported entitlement to any other benefit or free medical treatment. With JSA (IB) there is a passported entitlement to other benefits and free medical treatment.

For all of the precise details of JSA, both income based and contributory based, you can look it up here

sunspell

My only income is 65.45pounds weekly from JSA Contribution Based and my savings are below 2500 pounds. I delivered to Job Centre filled forms
HRT2(HABITUAL RESIDENCE TEST) and HRT2(R) (RIGHT TO RESIDE STENCIL) .

I asked CAB for help because Council says about my Housing/Tax Benefit claim :

We have decided that you are not entitled to claim benefit. This is because you need to show that you have a Right to Reside in the country. As you are not working, and have claimed that you currently only receive contribution based JSA, you are not classed as being self sufficient. You therefore cannot be classed as having a Right to Reside.

As you did not have a qualifying Right to Reside you did not satisfy Housing Benefit Regulation 10 and Counil Tax Regulation 7 and are ineligible for Housing and Council Tax Benefit as you are classed as a Person From Abroad.

If my circumstances were the same, would it be possible that after 26 weeks receiving JSA CB, my future JSA IB claim will be refused and I will be without money ?

dmg24

Oldernotwiser wrote: »

It might help if you reminded people of this thread.

https://forums.moneysavingexpert.com/discussion/comment/37969640#Comment_37969640

That didn't make sense to me either!