JSA after failed emmigration??

misterbarlow

My sister-in-law left her job in July 2011 and emigrated to Australia with her boyfriend...

They split up in May and both stayed there living seperately but last week she had finally saved enough for the flight back and came back to the UK a few days ago, and is staying with us until she finds a job and can afford to rent her own place etc.. which could be weeks or more, plus she would have to work a month in hand probably before she got paid also..

At the moment she has hardly any money and is obviously putting a drain on our own already tight budget by being an extra mouth to feed (we are on a DMP due to 50k of debt and so our budget is fixed, and tight)..

I am wondering would she be eligible for JSA to give her some money to help us out, as she left her last job of her choosing, even though it was more than a year ago??

pmlindyloo

As far as I am aware if you have been abroad for less than two years you are entitled to benefits when you return and do not have to meet the habitual residence test. Someone will correct me if I'm wrong!

Since she will not have the appropriate NI contributions for contribution based JSA she should apply for income based JSA.

Caz3121

For contribution based JSA they are currently looking at the years 09/10 and 10/11 so she my well qualify if she worked between April 09 and leaving in July 11

pmlindyloo

Caz3121 wrote: »

For contribution based JSA they are currently looking at the years 09/10 and 10/11 so she my well qualify if she worked between April 09 and leaving in July 11

This is very interesting.

I thought that there were more criteria than this.

I found this on another forum:

From the DWP Decision Makers' Guide

First contribution condition
General
21067 To satisfy the first contribution condition1
1. the claimant must have paid Class 1 contributions in respect of one (“the base year”) of the last two complete tax years before the beginning of the relevant benefit year and

2. Class 1 contributions must have been paid before the week that the claimant claims JSA and

3. the claimant must have had relevant earnings for the base year on which the Class 1 contributions have been paid or treated as paid of at least 26 times the LEL for that tax year (see DMG Appendix 1 to this Chapter).

1 JS Act 95, s 2(1)(a), 2(2) & 35(1)

Second contribution condition
General
21074 To satisfy the second contribution condition 1
1. the claimant must have
1.1 paid Class 1 contributions or
1.2 been credited with earnings
for the last two complete tax years before the beginning of the relevant benefit year and

2. the earnings factor from the earnings
2.1 on which primary Class 1 contributions have been paid or treated as
being paid or
2.2 credited
must be at least 50 times the LEL for each of those last two complete tax years
(see DMG Appendix 1 to this Chapter).

1 JS Act 95, s 2(1)(b), 2(3) & 35(1)

Would you be kind enough to clarify whether this is correct or not as it would be extremely useful to other posters and to me!

rogerblack

pmlindyloo wrote: »

This is very interesting.

I thought that there were more criteria than this.
<snip>
Would you be kind enough to clarify whether this is correct or not as it would be extremely useful to other posters and to me!

That is correct - however the original question remains.
Was she employed for a substantial period of time in the tax years 08/09 and 10/11.
If she was not employed for a significant period of time in at least one of these years, and was not employed or claiming certain sorts of benefits for a significant period in the other, she may not qualify.

This goes to the contribution conditions, and if she will be entitled to benefit.
July 2011 was in benefit year 2011/12.
They start using this year for qualification for benefit purposes on the first sunday in 2013.
So, her failed emigration is quite irrelevant to contributions (now at least).
She may have to pass various residency tests though.

http://pcg.org.uk/cms/documents/RESOURCES/PCG_advice_flyers/B09-01%201.0%20Guide%20to%20JSA.pdf seems to be a moderately readable document on this.
She will need to go through it in detail.
(Or just apply)

Elvisia

I worked in France for nearly five years and when I came back I went to the JCP to sort out my NI as I got no straight answers from the website and call centre about how to pay it myself until I got a proper job, but at the JCP they told me to claim for JSA. The woman even started filling the forms out for me, even though I was objecting to claiming benefits. She said it didn't matter I lived abroad or that I left my previous job, so I thought I'd try and see it as I assumed I'd get a letter saying I wasn't eligible, but instead I got one saying congrats, here are your benefits.

Amusingly I did get a letter saying I would be deported back to my original country if I couldn't prove I was a resident here, but that was easily solved. It was the letter they usually send to people who are here claiming asylum, so it was quite amusing as I was born and breed here and paid into the system for twenty years. So I would fill in the form online for JSA and go and have the interview at the JCP, and see what decision they come up with. As far as their website said I would not be able to claim JSA, but turns out I could. As your SIL will find out, they do not know their left from their right hands, and it's better to go ask and then go with that.

Voyager2002

The best advice is that she should just claim...

She will have to pass the HRT (habitual residency test) but if she kept a UK bank account and has family here then that should be OK. If she left her last job without good reason (and her reasons for leaving may well be judged as being good) she may be sanctioned, but that would just be a reduction in her JSA for a limited amount of time.

She should also ask about Housing Benefit and/or LHA. It is possible that she could move into rented accommodation and have her rent paid until she finds work.

pmlindyloo

Voyager2002 wrote: »

The best advice is that she should just claim...

She will have to pass the HRT (habitual residency test) but if she kept a UK bank account and has family here then that should be OK. If she left her last job without good reason (and her reasons for leaving may well be judged as being good) she may be sanctioned, but that would just be a reduction in her JSA for a limited amount of time.

She should also ask about Housing Benefit and/or LHA. It is possible that she could move into rented accommodation and have her rent paid until she finds work.

Since she has been abroad for less than 2 years I do not believe that she will be required to take the HRT.