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

1878

I am an EEA national, my wife is a non-EEA national. There are NO restrictions on visas, no restriction on access to public funds, we are not subject to immigration control and we both have satisfied the HRT test.

There is NO paragraph the HB guidance or law saying you HAVE to work or be in RECEIPT of JSA to claim/receive HB.

If you are person from abroad you have to have a right to reside and fulfill HRT, that is all.

Housing_Benefit_Officer

Your wife is being classed as a Person From Abroad (PFA)because she isn't in receipt of IS JSA(IB) ESA(IR) or Pension Credit and therefore denied Housing Benefit.

However from the details you have given:-

1) If a claimant is a non EEA National...

2) Is exempt from Immigration Controls...

3) Has right of residence...

4) Passes HRT...

Is entitled to claim HB/LCTS.

Person from Abroad Legislation is complex and it could be the person dealing with your claim doesn't understand it.

I would appeal using the four points listed above - they may reconsider their decision before it goes to a Tribunal.

1878

Thank you for your reply.

I have written to the council on several occasions, pointing out these facts, even referring to the relevant section of the law and requested revisions but has been denied on three separate occasions (original claim and two revisions) with the same reason every time. I do not know why they continue to do this, I think they want to frustrate me and want me to give up.

I will speak with Shelter before I appeal to the tribunal.

atrixblue.-MFR-.

you have a right to CLAIM (being the operative wording here) but criteria has to be met wich you seem not to meet, hence why you are not entitled to the benefit when your CLAIM FORM has been processed.

in order to be ENTITELED there are set criteria to every CLAIMANT applying.

in reciept of child benefit.
in reciept of JSA, even if it were 1p entitelment that would satify this criteria.
the benefit is MEANS TESTED, wich means any houshold income or revenue, bonds, saving etc are calculated into the benefit and then HB deducted based on the income.

you do not satisfy the criteria, but your entitled to calim as many times as you wish.

as above but as your resident in the houshold your income is calculated aswell and i cant see where your entitled to HB.

dktreesea

When your wife got her right to reside in the UK, was it because you agreed to support her financially? Sometimes that can interfere with non-EEA nationals resident here and married to an EEA national from getting benefits as the primary applicant for the first 5 years of the residency.

Pregnant women usually claim ESA rather than JSA if they are unable to work due to the pregnancy.

Housing_Benefit_Officer

1878 wrote: »

Thank you for your reply.

I have written to the council on several occasions, pointing out these affects, even referring to the relevant section of the law and requested revisions but has been denied on three separate occasions (original claim and two revisions) with the same reason every time. I do not know why they continue to do this, I think they want to frustrate me and want me to give up.

I will speak with Shelter before I appeal to the tribunal.

You have one month to appeal so don't delay. On the details you have given you should qualify for help.

The only thing I can think is that for some reason the Council think your partner does not satisfy and is not exempt from immigration controls and are treating her as a PFA.

1878

Housing Benefit Officer, what is your reply to atrixblue.-MFR-.'s statement?

1878

atrixblue.-MFR-. wrote: »

you have a right to CLAIM (being the operative wording here) but criteria has to be met wich you seem not to meet, hence why you are not entitled to the benefit when your CLAIM FORM has been processed.

in order to be ENTITELED there are set criteria to every CLAIMANT applying.

in reciept of child benefit.
in reciept of JSA, even if it were 1p entitelment that would satify this criteria.
the benefit is MEANS TESTED, wich means any houshold income or revenue, bonds, saving etc are calculated into the benefit and then HB deducted based on the income.

you do not satisfy the criteria, but your entitled to calim as many times as you wish.

as above but as your resident in the houshold your income is calculated aswell and i cant see where your entitled to HB.

why, exactly does my wife not satisfy the criteria? For person from abroad to be eligible for HB she needs to satisfy the HRT. There are no requirement that he/she also need be in receipt of JSA.

Also, regarding your point on means-testing, the council have not even done this, they have just point blank rejected her on the basis she is not working or in receipt of JSA.

You can receive HB without working and receiving JSA (though, this is not relevant in my wife's case).

thorsoak

1878 wrote: »

"Its about helping people get their entitlement! Not about benefits policy!

This board is here for help and support for those on or looking to claim benefits, not for judgement.

It’s ONLY focus is helping people with their money.

It's here to help people find out what they are entitled to under the current system, and to help them get it.

Benefits provide a lifeline for many, and this site is here to help people with their money, and not to judge. Of course, how to illegally defraud the benefits system shouldn't be discussed here, but ensuring you're getting your entitlement is exactly what it’s about."

You know nothing about our needs, our rights to benefit and our personal situation so spare me your judgement.

If you do not want to help with your knowledge, please do not post in this thread.

You are correct. I know absolutely nothing about your circumstances apart from what you have posted. From what you have posted, I deduce that you have entered the UK in order to achieve a good education, which is being funded by the UK taxpayers. Your wife has been granted a right to stay in the UK, and is now pregnant, and will, no doubt, be receiving maternity benefits and health cover free of charge from the National Health Service.

I have already suggested that your entitlement from housing benefit will change, when your child is born - when you will also receive child benefit.

Let me tell you about me. I am a 70 year old widow, who has worked since she was 18, who earned her degree whilst working and bringing up a family, and paying a mortgage. The only benefit that I receive is a state pension - and I have paid into that for all my working life (I am still working, by the way).

My own children are all grown up - they too has the benefit of university educations and are now repaying their loans. Because they scrimped and saved they have their own mortgaged homes - but they are not entitled to any benefits - and my youngest son and his wife cannot afford to have a child.

Do you not see that my comments are that the benefits system is skewed? At its onset, it was intended to help the poor of this country to improve their standards of living, so that children would not be brought up in poverty - it was meant as a helping hand, not a lifestyle.

Far too many people are busy chasing their rights - and forget the responsibilities that should accompany them.

I wish you and your family well - and hope that in the future you too will be contributing to the coffers of this country.

Housing_Benefit_Officer

1878 wrote: »

Housing Benefit Officer, what is your reply to atrixblue.-MFR-.'s statement?

Sounds like their own opinion not based on the legislation.

I make decisions every working day based on legislation and case law. I do not base my decisions on a prejudicial view on someones lifestyle choice, age, criminal record, how obnoxious they are, their ethnic origin, their religion, disability, sexuality. If the legislation states someone is entitled then they are entitled - that is the end of the story.

PFA Legislation is a complex minefield and it is very easy for a Benefits Officer to get it wrong. I don't have the full facts in front of me so I am basing my advice on what you have said.