Denied JSA and need advice

Tommygunn

Went to sign on yesterday and was told outright that my JSA would be stopped.

My story quickly. Returned from Italy on the 18th March to seek work after looking after our child with a view that the my pregnant wife and child will come over to the UK in the future.
Anyway, I applied to the Coventry JC, told them the truth, e.g. wife is Italian, working in Italy etc etc, and I was granted JSA.
For the sake of convenience I then transfered to a closer office, had to fill out a load of forms again, informed that I would have the JSA stopped (apparently a default letter due to the transfer and processing of forms) and then I received a letter that everything was fine and I am eligible.

I then go to the office yesterday and they tell me straight out that I'm not actually eligible and that the payments I have received are all over payments. Apparently my wife should be supporting me.

What choice do I have now? I'm low on funds and my wife's wage basically leaves her at zero by the end of the month.

Any advice appreciated.
Tom.

baza52

can you not go and live in Italy with her?

Tommygunn

We have made a decision due to work availability, personal reasons and the fact she has the possibility of a transfer to her companies London office to return to the UK, me first and then the rest of the family in due course.

just_trying

Yes, your wife would be expected to support you. I am presuming you have been in Italy for a while and would not be entitled to contributions based jsa, or that you have not worked here for a while. You will have to get a job quick or go back to Italy.

Tommygunn

Just trying,
Correct. I went to the CAB to discuss the issue and they suggested that I go ahead with an appeal and add evidence as to expenses etc to show that it is not feasible for my wife to support me.
We shall see.

skintandscared_2

I'm confused as to why you would travel to a different country to where your family are living, when you don't even have a job to go to. If you'd had something secured over here then I could understand it. But how did you think you could support yourself whilst jobhunting and receiving no income whatsoever? Do you have extended family over here, who are putting you up? Otherwise how can you afford to live? (even if you are given JSA!)

Caz3121

Have you been through the Habitual Residence Test, anyone moving to or returning to the UK needs to get through this before they can be considered for benefits, did you keep bank account in the UK, accommodation (they will want to see you have not moved back in order to claim benefits)

real1314

If you and your wife lived in the uk, but her job might be moving to France (for example), would you expect to be able to move to France and claim benefits? :cool:

PoorCharleyBear

Caz3121 wrote: »

Have you been through the Habitual Residence Test, anyone moving to or returning to the UK needs to get through this before they can be considered for benefits, did you keep bank account in the UK, accommodation (they will want to see you have not moved back in order to claim benefits)

it does not sounds s though he is being denied through Habitual Residence...all that does is establish of the UK is your intended home.

He is being denied because his wife works full time and therefore is not eligible for means tested benefits. Not having paid NI in UK would disqualify OP from contributory benefits.

dookar

PoorCharleyBear wrote: »

it does not sounds s though he is being denied through Habitual Residence...all that does is establish of the UK is your intended home.

He is being denied because his wife works full time and therefore is not eligible for means tested benefits. Not having paid NI in UK would disqualify OP from contributory benefits.

I agree, but I think it is possible they've got it wrong. LT is far from my forte, but there is a commissioner's decision (for IS but valid case law for JSA) dating back to 1992 in which the commissioner found that

"the intention must, in my judgment, be without any form of qualification. In other words, it is not enough for the person concerned to have a contingent intention i.e. an intention dependent upon the outcome of an event. There must be an intention to return come what may."

the case before the commissioner was one of a partner living in Pakistan who intended to join a claimant in the UK but was awaiting permission to do so. So the intention was contingent on the issue of a visa and so they could not be considered partners temporarily separated. Whether that caselaw would apply to a transfer with an employer, I don't know.

OP - I think you need some advice on this. My first step would be to speak to a decision maker and quote the commissioner's decision, the reference is CIS 13805/96
https://docs.google.com/viewer?a=v&q=cache:SKjGAA4F8WkJ:www.rightsnet.org.uk/pdfs/cmmr_upload/cis/cis1380596.doc+&hl=en&gl=uk&pid=bl&srcid=ADGEESh8BHEONjUcZaKNQe76jgeKU4DdQHp2dWnVweJr-woE66NDvvKX7aPX6NdzVWPlU7VfZpyDDjrL3d8VSocTSHlG_oLB4gD5q2UhjkNyQHZyOYqOHT5kSQHVGmca7GFQgc6UVCLF&sig=AHIEtbRn5u82x8vCqSFeTrZjXiYThk-uSw