JSA(IB) SMI going abroad and reclaiming upon return

BISHOPS

Hi all,

I am currently claiming JSA (IB) and SMI as a single claimant. In a few weeks I plan to go abroad for a week (missing a sign in day) so need to sign off as I am not staying in the UK.

The reason for this trip for family reasons. I dont want to go but have to. My wife has been abroad with my child (both British residents but etnically foreign) for about 4 months already so we took ehr off my claim when she left and they will both return to the UK with me.

I am getting conflicting information from the Job Centre.

First set of advice
Two JSA advisers said that I needed to sign off over the phone when I leave the UK. They said I could then make a 'rapid reclaim' and that there was no form but I needed to book in for an interview when I got back. They said my JSA (and more importantly SMI) would kick back in quickly which I am relieved about as do not wish to wait another 13 weeks for SMI to kick in.

Second set of advice

I went to the job centre today who said that, because I am bringing the wife and kid back, I need to close my claim off by filling out my claim book and taking it in. Then I need to go into the Job Centre upon my return for a longer interview (1 hour) to make an entirely new claim with my family.

They then said if my family was not coming back I would just need to do a 20 min interview but as my family is coming back I needed to entirely close the claim and start a new one.

My worry is of course whether the second set of advice, registering an entirely new 'family' claim at the outset, would destroy the linking period and involve waiting 13 weeks for SMI.



The way I see it I could either...
a) get back, reclaim for myself (as 20 min interview which sounds less likely to invoke the 13 week period) and then do a sort of retrospective JSA3 as soon as my claim is processed (couple of weeks later) to add wife and kid to claim - although they are arriving back in the UK on the same date as me.
b) try to do everything in case 2.

I am not intersted in fiddling the system and lying.

I will be enquiring with the JSA SMI people by phone but as we all know - 15 different people, 15 different answers.

Can anyone in the know advise what the best way to proceed is?

Many thanks in advance.
Bish

NASA_2

SMI linking applies in either case.

You do need to make a new claim though, while you would have been entitled to make a rapid reclaim normally if you claim with the same circumstances, that doesnt apply to you if you are now claiming for a partner. There are a number of questions that would not be answered if you completed a rapid reclaim form to say things are the same.

NASA_2

Linking rules Breaks in entitlement to JSA(IB), ESA(IR) or IS
[FONT=Arial,Helvetica][FONT=Arial,Helvetica]23700 Breaks in entitlement to JSA(IB), ESA(IR) or IS can affect the claimant’s housing costs. This is because most eligible housing costs have a QP (see DMG 23650 et seq). But there are special rules under which claimants can be treated as entitled to JSA(IB) or IS in certain circumstances.
23701 If there are breaks in entitlement, claimants can be treated as entitled to JSA(IB), ESA(IR) or IS for periods1 of

1. twelve weeks or less (see DMG 23708)
2. 26 weeks or less, in certain circumstances (see DMG 23709)
3. more than 26 weeks, in certain circumstances (see DMG 23712)
4. 52 weeks or less (see DMG 23715).

[/FONT][/FONT][FONT=Times New Roman,Times][FONT=Times New Roman,Times]1 JSA Regs, Sch 2, para 13 & 18(1)(c); IS (Gen) Regs, Sch 3, para 14; IS (Gen) (JSA Consequential Amdts) Regs 96, reg 32
[/FONT][/FONT]Previous entitlements
[FONT=Arial,Helvetica][FONT=Arial,Helvetica]23702 Where a person moves from

1. IS to JSA
2. JSA to IS
3. SPC to JSA
4. being the partner of a person who was previously in receipt of SPC to IS or JSA1
5. being either member of a joint claim couple who was previously in receipt of

SPC to JSA2 they can receive the same amount of housing costs current when entitlement to the first benefit ended3.
23703 The provisions above apply if, immediately before entitlement ended, housing costs
[/FONT][/FONT]1. [FONT=Arial,Helvetica][FONT=Arial,Helvetica]were payable on the previous claim1 (in full or in part) [/FONT][/FONT]and
2. [FONT=Arial,Helvetica][FONT=Arial,Helvetica]the circumstances affecting the calculation of those housing costs remain unchanged2.
[/FONT][/FONT][FONT=Times New Roman,Times][FONT=Times New Roman,Times]1 JSA Regs, Sch 2 para 1A(1ZA); IS (Gen) Regs, Sch 3 para 1A(1A); 2 JSA Regs, Sch 2 para 1A(1B); 3 Sch 2 para 1A(1)(a); IS (Gen) Regs, Sch 3 para 1A(1)(a);
1 JSA Regs, Sch 2 para 1A(1ZA)(a); IS (Gen) Regs, Sch 3 para 1A(1A)(a); 2 JSA Regs, Sch 2 para 1A(1ZA)(b); IS (Gen) Regs, Sch 3 para 1A(1A)(b) [/FONT][/FONT][FONT=Arial,Helvetica][FONT=Arial,Helvetica]Vol 4 Amendment 30 February 2010 Linking rules 23704 23709
23704 Breaks in entitlement between claims are ignored for any period

1. of 12 weeks or less [/FONT][/FONT]or [FONT=Arial,Helvetica][FONT=Arial,Helvetica]
   
2. up to 26 weeks where

[/FONT][/FONT]2.1 [FONT=Arial,Helvetica][FONT=Arial,Helvetica]the person regains entitlement because of a lower CSM assessment [/FONT][/FONT]or
2.2 [FONT=Arial,Helvetica][FONT=Arial,Helvetica]payments from an insurance policy to insure against loss of employment have ceased1.
[/FONT][/FONT][FONT=Times New Roman,Times][FONT=Times New Roman,Times]1 JSA Regs, Sch 2 para 1A(1A); IS (Gen) Regs, Sch 3 para 1A(1A)
[/FONT][/FONT][FONT=Arial,Helvetica][FONT=Arial,Helvetica]23705 - 23707
[/FONT][/FONT]Twelve week linking periods
[FONT=Arial,Helvetica][FONT=Arial,Helvetica]23708 Where there are breaks in entitlement to JSA(IB), ESA(IR) or IS, claimants are treated as being continuously in receipt of, and entitled to JSA(IB) or IS for any period

1. when entitlement is decided on revision, supersession or appeal [/FONT][/FONT]or [FONT=Arial,Helvetica][FONT=Arial,Helvetica]
   
2. of twelve weeks or less during which

[/FONT][/FONT]

2.1 [FONT=Arial,Helvetica][FONT=Arial,Helvetica]they were not in receipt of JSA(IB), ESA(IR) or IS [/FONT][/FONT]and
2.2 [FONT=Arial,Helvetica][FONT=Arial,Helvetica]that period is immediately between two periods when

[/FONT][/FONT]2.2.a [FONT=Arial,Helvetica][FONT=Arial,Helvetica]they were in receipt of JSA(IB), ESA(IR) or IS or a combination of the two [/FONT][/FONT]or
2.2.b [FONT=Arial,Helvetica][FONT=Arial,Helvetica]they were treated as in receipt of JSA(IB), ESA(IR) or IS [/FONT][/FONT]or
2.2.c [FONT=Arial,Helvetica][FONT=Arial,Helvetica]they are treated as entitled to JSA(IB), ESA(IR) or IS for certain reasons because their capital exceeds £16,000 or their income exceeds the applicable amount (see DMG 23734 - 23742) [/FONT][/FONT]or
2.2.d [FONT=Arial,Helvetica][FONT=Arial,Helvetica]entitlement to JSA(IB), ESA(IR) or IS is decided on revision, supersession or appeal1.
[/FONT][/FONT][FONT=Times New Roman,Times][FONT=Times New Roman,Times]1 JSA Regs, Sch 2, para 13(1)(a), 13(4) & 18(1)(c); IS (Gen) Regs, Sch 3, para 14(1)(a), 14(3A) & 14(15); IS (Gen) (JSA Consequential Amdts) Regs 96, reg 32
[/FONT][/FONT]

BISHOPS

NASA sire, you are a legend. I've I had a quid in me pocket I would bequeth it to you.

Great info. Slight complication though...
We had a joint claim (with her as the dormant partner not expected to actually sign as we have a 2 year old). When she went abroad it was October 30th.
She is now back in early March. This would be over 12 but under 26 weeks.

I would be away for ONE week so no probs there. But would her absence for over 12 weeks be an issue? Or does it go on my claim and my absence? I would hope that my claim and name is the primary one as she was been the dormant partner on the claim before she went away.

MANY THANKS!!!!!!!!!!!!

NASA_2

BISHOPS wrote: »

NASA sire, you are a legend. I've I had a quid in me pocket I would bequeth it to you.

Great info. Slight complication though...
We had a joint claim (with her as the dormant partner not expected to actually sign as we have a 2 year old). When she went abroad it was October 30th.
She is now back in early March. This would be over 12 but under 26 weeks.

I would be away for ONE week so no probs there. But would her absence for over 12 weeks be an issue? Or does it go on my claim and my absence? I would hope that my claim and name is the primary one as she was been the dormant partner on the claim before she went away.

MANY THANKS!!!!!!!!!!!!

I cant be 100%, but I am 99.9% confident that it doesnt matter that your partner was abroad from October, the fact that you qualified for housing costs within the 12 week linking period will be the relevant factor.

tcr_3

NASA's not only 99.9% correct, she's 100% correct too. It's 12 week linking for the mortgage.

NASA_2

I'm a he.

Not that it's all that important.

tcr_3

NASA wrote: »

I'm a he.

Not that it's all that important.

I do apologise. I don't know why I assumed otherwise.

Here, have a beer and we can both rejoice about being non-females :beer: