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

Housing_Benefit_Officer

Dunroamin wrote: »

The tuition fee loan isn't used to assess benefits.

This is paid direct to the college or university so would be disregarded.

FBaby

Housing_Benefit_Officer wrote: »

From the details the O/P has given his wife should be able to claim but they are treating her as a PFA and if a PFA isn't receiving a qualifying social security benefit they can't claim HB/LCTS.

I feel like I am hitting my head against a wall! What I am saying is that according to the gov.uk site, regardless of whether you are consider PFA OR NOT, you still need to either be on low income OR receiving JSA.

https://www.gov.uk/housing-benefit/eligibility

So whether or not OP's wife is treated as a PFA or not would be irrelevant. Unless that website is misleading, but considering it is the government one, that would be concerning.

Housing_Benefit_Officer

FBaby wrote: »

I feel like I am hitting my head against a wall! What I am saying is that according to the gov.uk site, regardless of whether you are consider PFA OR NOT, you still need to either be on low income OR receiving JSA.

https://www.gov.uk/housing-benefit/eligibility

So whether or not OP's wife is treated as a PFA or not would be irrelevant. Unless that website is misleading, but considering it is the government one, that would be concerning.

As you're not a qualified housing benefit officer I don't expect you to understand the benefit legislation as it would be beyond most people to interpret everything. You don't need to be on a low income or receiving JSA - you can have nil income and still qualify.

Keep banging your head against a wall because of how you are misinterpreting the legislation.

Dunroamin

Housing_Benefit_Officer wrote: »

This is paid direct to the college or university so would be disregarded.

We both know this but the poster above you was unsure.

Dunroamin

Housing_Benefit_Officer wrote: »

As you're not a qualified housing benefit officer I don't expect you to understand the benefit legislation as it would be beyond most people to interpret everything. You don't need to be on a low income or receiving JSA - you can have nil income and still qualify.

Keep banging your head against a wall because of how you are misinterpreting the legislation.

To be fair, we only have your word that you're a Housing Benefit Officer.

dktreesea

Dunroamin wrote: »

None of my friends have applied for any means tested benefits but, because I stay with them regularly I know many expats and have a better understanding of how the system works in those countries and not just the theory.

I also think that you're missing a crucial aspect to this which is

"However, in the case of those from within the EU, no entitlement to RSA will be available for those who entered the country as inactive persons, and who have maintained that status."

http://www.french-property.com/news/money_france/securite_sociale/

That works in France because it doesn't just apply to people from other countries in the EU. It also applies to returning French nationals.

There is nothing to stop Britain from going down exactly the same route, but they seem to back off because that would mean also denying certain benefits to returning British nationals.

Compared to Britain and income support, RSA really is a benefit of last resort. You literally can't have any savings before they pay it to you.

Jennifer_Jane

When I returned from abroad (non-EU), I was told that I couldn't get any kind of help for 3 years. I wanted to go to college to get a diploma that would be the first step in continuing the job I had been doing overseas.

Since I couldn't get help (and this despite being a British national who had been a taxpayer, and had paid NI for many years from abroad), I got a job and studied in the evening for the 3 year diploma.

Any reason why you can't do this 1878? Just being practical here.

epitome

dktreesea wrote: »

That works in France because it doesn't just apply to people from other countries in the EU. It also applies to returning French nationals.

There is nothing to stop Britain from going down exactly the same route, but they seem to back off because that would mean also denying certain benefits to returning British nationals.

Compared to Britain and income support, RSA really is a benefit of last resort. You literally can't have any savings before they pay it to you.

Britain already does this it's called an HRT test and applies to British Nationals returning from abroad and everyone else entering UK. The HRT test is a lot more stringent than the French RSA test. Britain bars people who fail the HRT test from claiming benefits for a couple of years upto 5 years for ESA. whether they start work or not

The HRT test has been in place for a very long time in UK, longer than France.
Such measures have been ruled illegal under European law so your "Nothing to stop Britain...." comment is also wrong. although we already do it.

clemmatis

Housing_Benefit_Officer wrote: »

You don't need to be on a low income or receiving JSA - you can have nil income and still qualify.

I think you'll find "low income" implies "(or nil income)".

seven-day-weekend

Dunroamin wrote: »

You're quoting from the textbook, not from reality. Many (most?) other EU countries go their own sweet way, regardless of EU rules and, if you haven't paid in (and sometimes even if you have) you get nothing.

(Why would you assume that only those with substantial savings move abroad? It rather indicates how little you know or understand.)

ETA
http://www.french-property.com/guides/france/unemployment_benefits

I agree with this absolutely. And when I mentioned immigrants to Spain I was referring to EU immigrants - Brits included. You arrive with no money, you get nothing.

Just try it. You will soon see that we are right. I even know Spanish Citizens who don't get anything.

(Before anyone starts, - when we lived in Spain we lived entirely from our own resources, we have never had a penny (or should I say centimo) of Spanish public money).