JSA (income-based) claim..Please Help!

Fayee_2

Hi. I was wondering if someone who knows how the benefits system works can help me?

My husband and I have separated a while ago but I've put in for a divorce only a few weeks ago. I was not entitled to any benefits because he was working full-time and I could not prove that him and I have separated. I am desperate to find a job as I have no income (my family helps me with money until I can sort this out) so this situation is extremely hard and stressful for me..

A few weeks ago I've put in for a divorce and my solicitor advised me to take the "Divorce Proceedings" letter to my local Jobcentre and explain them the situation. The problem is that he still lives at the same address with me (but we have separate bedrooms) until he saves some money for a new place (deposit,admin fees,etc.) He will be able to move out in about 2-3 months.

Today I've been trying to make a JSA claim online and the first step is the "Eligibility" and I'm already stuck at the question: "Do you have a partner? Partner means a person you are married to, have a civil partnership with (including same-sex marriage), or live as a couple with and: • is age 16 years or over, and • is a member of the same household, and • may temporarily not be living at the same address" - If i choose "YES" then more than likely I will be asked details about him (if he's working etc.) and then they'll say I'm not entitled to any benefits because he is earning enough etc. BUT we are separated and in proccess of divorce, and he's not giving me any money.

I went to my local Jobcentre Plus office but they wouldn't let me speak with anyone..they only gave me a 0800-number to ring on (New Claims Contact Centre) which I've tried to ring but after waiting over 25minutes on the phone..got disconnected!

So, will I be able to make a JSA claim considering my complex situation? Any advice is more than welcome! Thank you

pmlindyloo

I do not see how you can complete the online form as you would have to lie because you are still legally married.

Personally I would calling the telephone number for new claims tomorrow morning (early)again and again until you get through. If you do not get through by the end of the morning then I would be visiting the Job Centre in the afternoon and asking to speak to a supervisor. Say you need help with completing a claims form and explain the situation.

Your benefit money will only be started on the date you claim so you need to do this asap. Do not be fobbed off at the job centre. At the very least they should tell you how to complete the online form without lying.

I do think that you are going to have difficulty claiming because of your husband still living there although the divorce papers may help.

Personally I would be finding ways to get him out quicker. Could your parents help out with some money (to be paid back obviously - get a written agreement)

You don't say anything about your housing. Could you move out?

Fayee_2

Exactly, that's why I could not go any further with the online form..

I live with my parents in a 3 bed house. My husband and I have been living 2nd floor (where there are 2 bedrooms) ; my parents 1st floor in 1 bedroom.. I am not responsible for paying any rent or bills apart from my phone contract.. My mum is responsible for paying all that so she cannot afford to lend any money to my husband to move out quicker (as it's over £1000 in total for him to move out)

I will try again tomorrow morning, hopefully I will get through - if not, I will do what you advised - many thanks!!

mikey_bach

There has been a strike today, hence your difficulty getting through,
tomorrow you should be ok.
Tomorrow when you make your claim ask for backdating because of the strike today. They will take your claim over the phone, your marital status, seperated. They will ask if anyone else is in your household so declare him then.
Before the claim can be processed you will have a visit and will complete a living together form, LTF1, this is standard so dont worry.
You have proof from your solicitor, there are two rooms etc..
If everything goes ok you should then get JSA from your date of claim....
They will review your living arrangements every three months hopefully by then he will be gone..

Fayee_2

Very informative thank you very much!

mikey_bach wrote: »

There has been a strike today, hence your difficulty getting through,
tomorrow you should be ok.
Tomorrow when you make your claim ask for backdating because of the strike today. They will take your claim over the phone, your marital status, seperated. They will ask if anyone else is in your household so declare him then.
Before the claim can be processed you will have a visit and will complete a living together form, LTF1, this is standard so dont worry.
You have proof from your solicitor, there are two rooms etc..
If everything goes ok you should then get JSA from your date of claim....
They will review your living arrangements every three months hopefully by then he will be gone..

missapril75

I second Mikey Bach's comment. That solicitor's letter may even persuade them to do it without a visit.

There are threads here where people have commented they are currently in the same home as their spouse (unavoidably) but the DWP has accepted them as "living apart" so don't be put off by people saying you can't.

elaine12022

I think there's a clause where you can be separated but under the same roof. Good luck, sounds very stressful.

Fayee_2

Thanks everyone! After being passed on like a football, calling various phone numbers, explaining my situation to several people - I finally got in touch with the right people and someone helped me complete the form (yaay!:j) 2 days ago. They've arranged my work-focused interview for next week - have to bring my P45, CV, 2 ID's and my solicitor's details + any letters from him, which, I've been told, should be enough proof for them.
Again, thanks everyone for your help and advice! :beer:

mikey_bach

Good, am so glad its working out for you..
Lived in same house hold with ex for five months and know how hard and difficult it is....
Lets hope they pay the claim without a visit, quicker and easier for you

Fayee_2

Thanks Mikey..
I went to my work-focused interview this week and everything went fine..the lady behind the desk was very nice and understood the situation. I had to fill in that LTF1 where I had to explain the situation in full. Have to wait now,she said, about 10 days until I hear from them. Hope everything goes well..fingers crossed! However, if they do want to do a home visit (I'll put the kettle on ) they are more than welcome to do so!