JSA while living with parents

ni_student

Hi,

Sorry if this is a silly question but i have been in the fortunate position to have never needed benefits before so Im abit clueless!

Anyway, my fiance (still living with his parents) has been out of work for about 6mths now, but due to promises of upcoming work from his boss we had just been using my wages for both of us, hoping he'd be back to work soon.

Unfortunately we've realised his boss has been lying left right & centre! OH went to job centre to see about signing on to at least see us over xmas, filled out all the forms etc etc.

However, he got a letter in today to say that there had been no NI paid for him in the relevant tax yrs (all of which he was working for his boss, so as far as we were thought the relevant deductions were being made). Anyway because of this they said he wasnt entitled to anything.

So my main question is - i have read about contribution based JSA (which his boss has managed to do him out of!) but surely hes entitled to income based? Or do they take the fact that he lives with parents with income into account??

And is there anyway of trying to claim back the NI that was deducted from his wage but never paid!!!! :mad: (hes not the only one the boss has done this too!)


Thanks in advance & apologies for the long post

Indie_Kid

Income based JSA is based on that of a claimant and if applicable, their partner. The income of their parents or other family member they live with, doesn't matter.

ni_student

sh1305 wrote: »

Income based JSA is based on that of a claimant and if applicable, their partner. The income of their parents or other family member they live with, doesn't matter.

Ok, thanks thats great, he should be entitled to something then since he has no income & we don't live together/are married yet so my income wont matter.

thanks

McKneff

the time frame for benefits is based on contributions in the last two full tax years. 2007/2008 and 2009/2010 did he pay contributions in full for those two years.

[Deleted User]

he should also report his former boss to HMRC if deductions have been"taken" but not paid to hmrc,there maybe a criminal charge to answer

ni_student

McKneff wrote: »

the time frame for benefits is based on contributions in the last two full tax years. 2007/2008 and 2009/2010 did he pay contributions in full for those two years.

According to the letter from the job centre there hasnt been any contributions in the relevant yrs (2007-2010) all of which he was working for the same boss, he did get a letter in ~april this yr saying they werent paid in full, took it to his boss who said there must have been an administrative error & he would sort it. Turned out to be a total fraudster, still owes OH wages too!!!!

dmg24

McKneff wrote: »

the time frame for benefits is based on contributions in the last two full tax years. 2007/2008 and 2009/2010 did he pay contributions in full for those two years.

You are a month ahead of yourself - the relevant tax years are currently 07/ 08 and 08/ 09.

ni_student

woodbine wrote: »

he should also report his former boss to HMRC if deductions have been"taken" but not paid to hmrc,there maybe a criminal charge to answer

Thanks, yeah I thought this may be the case as it seems to has been the same scam for most of the workers, he still owes OH wages so I've told him to threaten to report the boss unless he gets what hes owed (and even then I would still be tempted!!)

dookar

I suspect he's fallen foul of this crazy belief (held by JCP staff as well as others) that you can claim only one element of JSA on it's own. You can't, it's one benefit.

Shamefully the very government department responsible for this belief perpetuates the myth.

If this is the case he needs to ask for a revision and provide evidence of his entitlement to JSA

McKneff

dmg24 wrote: »

You are a month ahead of yourself - the relevant tax years are currently 07/ 08 and 08/ 09.

Or a year even:D

DX2

ni_student wrote: »

Anyway, my fiance (still living with his parents) has been out of work for about 6mths now, but due to promises of upcoming work from his boss we had just been using my wages for both of us, hoping he'd be back to work soon.

So my main question is - i have read about contribution based JSA (which his boss has managed to do him out of!) but surely hes entitled to income based? Or do they take the fact that he lives with parents with income into account??

So you are no longer going to help your fiance, like you had been doing previously?

I wouldn't worry about his parents income but I think they will wonder how he has been getting by for the last 6 months, and take your wage into account.