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

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Comments

  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    We can't afford our welfare system. Not even for Brits, let alone for the rest of the EEA

    You seem to forget that many EEA members work and pay high tax in this country and have done so for many years.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    So if the issue is about the wife being denied HB on the basis that she is not eligible for JSA under the PFA rules how did this happen?
    We both have received JSA and HB before I was student (were jobseekers).
  • clemmatis
    clemmatis Posts: 3,168 Forumite
    FBaby wrote: »
    So if the issue is about the wife being denied HB on the basis that she is not eligible for JSA under the PFA rules how did this happen?

    I noticed that too.
  • Dunroamin
    Dunroamin Posts: 16,908 Forumite
    dktreesea wrote: »
    But this surely is a case of form over substance. The intention of the government is presumably to make everyone have to satisfy the HRT before they get access to benefits. Instead we have one group, EEA nationals and their families (including non EEA national members) who are exempt from the HRT provided they come to Britain directly from another EEA country.

    For British nationals, they can become part of that group, but they have to live in an EEA country first, so move, say, from New York, to the South of France (may as well be warm) then to Britain, rather than moving directly from New York to the UK. That is a hardship for them, due to the language barrier, compared to an EEA national coming over here from their home country. Why should Brits have a harder job gaining access to social security than other EEA nationals?

    We can't afford our welfare system. Not even for Brits, let alone for the rest of the EEA. Cameron can drag his feet all he likes, but if he ever wants to balance the books, sooner or later he will need to take a leaf out of countries' books like France (no income support until you have spent all your savings) and/or Spain (no social security until you have paid into the system for a certain length of time) or even go a step further and be like Australia (no benefits at all if you are self employed after the one year set up period, no matter what you earn).

    Brits returning to the UK from another EU country also have to pass the HRT.
  • 1878
    1878 Posts: 12 Forumite
    Seventh Anniversary Combo Breaker
    FBaby wrote: »
    So if the issue is about the wife being denied HB on the basis that she is not eligible for JSA under the PFA rules how did this happen?

    No, read the previous posts, your assumption is wrong.

    She is treated as a PFA, period, end of discussion, but this is wrong. To repeat myself, the council is claiming she is a PFA, hence not entitled to claim, but this is wrong because she is not be considered a PFA and hence is entitled to benefit.

    I simply highlighted the fact that we both received JSA before, which makes the council's decision even stranger.
  • clemmatis
    clemmatis Posts: 3,168 Forumite
    edited 30 April 2013 at 2:01PM
    dktreesea wrote: »
    "Harder" in the sense that to live in another country presumably the British family would need to support themselves. That implies that the one working/seeking work would need a certain level of language skills.

    People going to school in the EU often have the option of learning English as their second language when they are growing up. What opportunity is there for children in our schools to learn Czech, or Polish, or any of the Scandanavian languages? (I only pick these languages because the countries where they are spoke are, imho, nice places to live.)

    Also, for example, Polish people coming to Britain have several advantages, compared to if we were to travel to live in Poland. Polish is not only widely spoken here. There is a vast amount of knowledge about what people are entitled to upon arrival and how to access our social welfare system. Just because they work doesn't mean they don't claim child benefit, child tax credit, working tax credit and housing benefit.

    That is because English is, for historical reasons, a "world language". Having English as a first language is an advantage.

    As for Poles' knowledge of the benefit system and their being -- according to you -- non-working claimants of everything, the Spectator informs me that:

    there are half a million Polish born people here

    of those, fewer than 7000 claim JSA, another 4000 or so claim IB/ESA, 900 claim lone parent benefits.

    (Yes there are long standing Polish communities here. My former neighbour came here not long after WW2 but of course postwar migration originates in that war.)
  • epitome
    epitome Posts: 3,199 Forumite
    dktreesea wrote: »
    But this surely is a case of form over substance. The intention of the government is presumably to make everyone have to satisfy the HRT before they get access to benefits. Instead we have one group, EEA nationals (including UK nationals) and their families (including non EEA national members) who are exempt from the HRT provided they come to Britain directly from another EEA country. .

    Why do you continue to imply in your posts that new arrivals from EU are exempt from HRT for benefits ?

    Your HRT exemption only applies to HB it does not apply to JSA ESA, IS... etc

    Your main argument makes no sense, I know what you are saying, but you are comparing apples with pears, as you well know.

    Your Brits who go from New York to France and then to UK, when they arrive in UK will only be able to get HB they will not get JSA, IS or ESA.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    1878 wrote: »
    No, read the previous posts, your assumption is wrong.

    She is treated as a PFA, period, end of discussion, but this is wrong. To repeat myself, the council is claiming she is a PFA, hence not entitled to claim, but this is wrong because she is not be considered a PFA and hence is entitled to benefit.

    I simply highlighted the fact that we both received JSA before, which makes the council's decision even stranger.

    That is exactly what I implied! Have you pointed out that she received JSA before she therefore wasn't treated as a PFA and if that was the case then, why is it assumed she is now? Surely if you asked for a reassessment twice, you must have done so. What was their response specific to this question?
  • Confuseddot
    Confuseddot Posts: 1,755 Forumite
    I am confused(for a change) if you are a couple one of you earns the other doesn't. Then the one that doesn't earn can apply for HB regardless of the others details ? Is that the rules or am I missing something.
    Play nice :eek: Just because I am paranoid doesn't mean they are not out to get me.:j
  • dktreesea
    dktreesea Posts: 5,736 Forumite
    Dunroamin wrote: »
    Brits returning to the UK from another EU country also have to pass the HRT.

    Not if they come over as an "EEA national" as opposed to as a "Brit". Then they are exempt from the HRT test, just like any other EEA national and their family. The Border Agency don't like it, but there is nothing they can do to stop it. Brits are just as entitled to an EEA family permit as everyone else.
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