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

dave030445

sunspell wrote: »

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 ?

what wrong with getting a job as you have had 26weeks to find one

sunspell

Dave :

IF I found then would be great, but if not or if I lost a job again what I could do ? I would like to know what kind of decision I could expect from them because I am "person from abroad" and I wonder how long I will be "person from abroad".

dave030445

sunspell wrote: »

Dave :

IF I found then would be great, but if not or if I lost a job again what I could do ? I would like to know what kind of decision I could expect from them because I am "person from abroad" and I wonder how long I will be "person from abroad".

i must of missed the point have does being a "person from abroad" stop you from working

paddedjohn

sunspell wrote: »

dave :

If i found then would be great, but if not or if i lost a job again what i could do ? I would like to know what kind of decision i could expect from them because i am "person from abroad" and i wonder how long i will be "person from abroad".

you will always be a person from abroad. If you find it hard to survive in the uk, can you not go home to try and find work? or could you not stay with friends

GingerGee_2

Hi sunspell – I work in Housing Benefits and have seen in the past cases where Contribution Jobseekers Allowance has been awarded by the DWP even when they have decided the person claiming has failed the second part of the HRT. Presumably this is because the contributions they have paid in the past while working means they are still entitled to receive some help in the form of JSA (C), regardless of the decision on right to reside. When the contributions then ended after 26 weeks and benefit became means-tested, entitlement to Income Based JSA was then refused for failing to pass the HRT. Sorry to say this may mean the same could happen with your claim, but it would depend on the decision made by the DWP regarding your right to reside, which unfortunately you may not find out about until your contributions end. If you are unsure and worrying about this then I would contact the DWP about it to ask.


For Housing/Council Tax Benefit as you are not in receipt of a means-tested benefit then they must make their own decision on if you have a right to reside. As you are an A8 national, you are considered as having a right to reside if you can be treat as a retaining your ‘worker’ status while seeking work. As you are registered with Jobcentre Plus, this addresses the ‘seeking work’ part of this condition, so it would all depend on you being able to satisfy if you can still be treat as having retained your ‘worker’ status. For this to happen, you will needed to have worked 12 months continuously (or with a break in employment of less than 30 days) while also continuously registered on the Worker Registration Scheme for this time.


As you are receiving JSA (C) this shows you have worked in the past – did you work 12 months continuously for any employer(s) while registered on the Worker Registration Scheme for that employer(s)? If so you will need to provide proof of this 12 month continuous employment along with your Worker Registration Certificate(s) that relate to this. If (after you completed 12 months work while registered on the scheme) you then took the option to purchase a residence permit to show that you are legally able to work in the UK without the need to register on the scheme anymore, you should submit this too - this will show proof of your retained ‘worker’ status and should mean you can be considered as eligible for Housing and Council Tax Benefit. Alternatively if you were self-employed then you won’t have needed to register on the scheme and you should provide proof to the local authority of this instead.


Hope this makes sense and helps a little bit. The advice you appear to have received from CAB is a little vague, so if you are still unsure on the full reasons of why Housing Benefits have made their decision, I would ask them for a detailed letter of explanation. I would also make sure that they do have all the information regarding your past work history in the UK and applications to the worker registration scheme. Unfortunately if you weren't self-employed/haven’t completed 12 months work while registered it is unlikely they will change their decision, unless you are later awarded Income Based Jobseeekers Allowance.

sunspell

GingerGee :

It helped much, not little bit . Huge thanks : ).
This information about receiving JSA(C) even without passing HRT is essential for me.
It is extremely hard to find essence out of all information overload from many sectors of life. Leaflets are saying general information about benefits - just theory, but never "tricky things" how it really works ... sort of FAQ .
But ... I delivered ALL Home Office Certificates from every employer for 12 months from the issue date of Registration Card. I have counted all days out of work and surely there was less then 30. So in my opinion I kept continuous employment for required minimum period.


paddedjohn

I've got no friends so that I could ask them for help. Also I have got no prospects in my native country but thank you for advices anyway.


dave030445

I have just told about my impressions, doubts and reflections because of this case .




Thank you for people who are trying to help in this thread.

SnowOne

GingerGee is spot on. It may be that the HB people don't know your work history and simply showing them evidence of your work in the UK will be enough, if not you'll have to appeal.

It is quite a tricky part of the welfare system - the CAB try their best!

[Deleted User]

HB is a tricky one., people assume because they have shown proofs to income support, that is enough. I've heard of many people that have filled out the income support housing benefit form, thinking they were applying for housing benefit, not realising there is a seperate housing benefit application form (that you get from your LA's Housing Benefit department) you have to fill out to get help.

It could be that u need to show all the forms u have talked about as having shown to Income Support, to housing benefit.

I would advise phoning the Housing Benefit department urgently, ask for an appointment to discuss the decision. Say you need a translator if necessary (it does sound like a complicated issue and the last thing you need is to have a problem with either you or the person explaining not understanding some finer point of English lol) and ask questions to find out why u were refused housing benefit. It may well be something quite simple, like a missing form.

Also find out how long u have to appeal their decision - you may need to ask for an urgent appointment too if the closing date is soon.

Unfortunately, at this point in time, we are just guessing why your application was refused. You really need to ask these questions of Housing Benefit.

I wish you success.

sunspell

Hi again : ) .


I make a progress in my case.
I received big help in writing appeal from one helpful clerk in council.
Also I was told to deliver :

- proof of 12 months uninterrupted ( total gaps below 30 days ) legal employment :

• all 12 months payslips from date of issue WRS registration card
• WRS registration card (with photo)
• WRS registration certificates from every employer covering 12 months uninterrupted legal employment

- proof of active seeking job ( completed book given by Job Centre Plus with signed dates of regular attendance )


And I did it, so I am waiting for decision.

hbgirl

just to confirm, gingergee was spot on (except i believe those formerly self employed do not retain worker status?) but that doesn't apply to sunspell. good luck, sunspell, i do believe with the documents you have provided you should be entitled.