Wife refused HB because she is not working and not on JSA

1878

Dear all,

I am a full time student with a student loan and bursary.

My wife is pregnant and not working. We are both considered habitually resident and she has a right to reside in the UK. She is ineligible for JSA income based because our household income (my student loan) is above the JSA weekly amount for couples.

I have demanded a revision 2 times but the council still refuse to accept her (joint) HB claim because she is not working and is not in receipt of JSA.

Actually, in the first rejection letter they wrote you are eligible to apply if you are economically inactive but considered self sufficient and are habitually resident. I have pointed this out but they changed it to "you have to work or be in receipt of JSA" in the following revision requests.

I would like some advice before I appeal to an independent tribunal.

We both have received JSA and HB before I was student (were jobseekers).

Thank you

nannytone_2

students cant claim hb unless they are single parents or part of a student partnership with kids ( both students)

1878

My wife is not a student. I am. I know students cant claim.

My wife make the claim.

nannytone_2

then it is based on household income, inckuding kians

1878

My wife satisfy the HRT and hence is eligible to claim HB and CTB but the council do not honor this. They keep on saying that my wife has to work or be in receipt of JSA.

It says in the Housing Benefit guidance from DWP that if persons from abroad pass the HRT they are not consider PFA and can claim HB and CTB.

Why does the council keep saying she has to work or have JSA? She has her own savings and we have my income from the student loan.This is considered as income and should not make her claim ineligible. E.g. she support herself.

paulwellerfan

Take yourself off to the cit advice centre.
they maybe able to help you.
good luck.

mazza111

Would her savings take her over the limits for claiming HB?

1878

No, her savings are less than 6000 GBP. I have read the section on persons from abroad from the HB Regulations 2006 and the DWP HB guidance manual and they only mention that if you satisfy the HRT you can claim HB and CTB.

nannytone_2

housing benefit it based on household income and not receipt if benefit,
tiy need orioer advice and bit just the word of a forum

thorsoak

1878 wrote: »

My wife satisfy the HRT and hence is eligible to claim HB and CTB but the council do not honor this. They keep on saying that my wife has to work or be in receipt of JSA.

It says in the Housing Benefit guidance from DWP that if persons from abroad pass the HRT they are not consider PFA and can claim HB and CTB.

Why does the council keep saying she has to work or have JSA? She has her own savings and we have my income from the student loan.This is considered as income and should not make her claim ineligible. E.g. she support herself.

Because she/you have savings and your student loan, you have an income - you say that she is supporting herself. Why then does she need to claim housing benefit? HB should be for those who NEED it.

Your situation will change slightly when your child is born - why not reapply then.

Do I take it from you postings that you were not born in the UK?

Housing_Benefit_Officer

Can I ask what Country you come from?

The Persons from abroad criteria can vary depending on what country you are from and what restrictions may have been placed on your entry visas.

Are there any restrictions on your entry visa?