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

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Comments

  • Wig
    Wig Posts: 14,139 Forumite
    edited 27 April 2013 at 10:38AM
    clemmatis wrote: »
    You deal with "people from abroad" and * also* deal with (list of undesirables)? Seriously? People from abroad are, for better or worse, the same as us.

    I.hope you do deal with all.claimants impartially and strictly according to the rules. That is your job. It is the minimum we should expect.
    But that's what he said .... :confused:...... he only grouped those groups together to make his point to the people here who have an axe to grind against PFA, why they don't also have an axe to grind against people who really are undesirable.

    What I don't understand, is students are disallowed from claiming HB but if the student has a partner then the partner can claim HB, this just seems like the law on this is an !!!.

    But HBO makes it clear that this is how it works. That's a stupid law. I suppose, HBO, that in this situation the student partner would be expected to contribute towards the rent??? so there would be a deduction on top of any deduction for household income??

    It doesn't work like that for JSA
    single student - not entitled
    couple with one student both of them are not entitled.

    I have no problem with people claiming what they are entitled, and getting advice of how to acheive a successful claim.
  • Dunroamin
    Dunroamin Posts: 16,908 Forumite
    edited 27 April 2013 at 10:45AM
    epitome wrote: »
    Maybe because they have too much money...but you can claim the same benefits as any other frenchman.

    The savings disregard in France is €0.00
    and anything above this is deducted €1 for €1

    whereas in UK - remember our VERY GENEROUS benefits system allows you to have £6000.00 as a disregard and then we only deduct £1 for every £250 above that figure.

    One would assume that any friends of yours would not jolly off to live in France without substantial savings.

    I don't know anything about Spain, but by "immigrant" do you mean like from Africa.... they get a lot of people from Africa and of course they would be entitled to nothing, just like they are entitled to nothing if they arrive here....unless they get assylum status.

    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
  • Wig wrote: »
    But that's what he said .... :confused:...... he only grouped those groups together to make his point to the people here who have an axe to grind against PFA, why they don't also have an axe to grind against people who really are undesirable.

    What I don't understand, is students are disallowed from claiming HB but if the student has a partner then the partner can claim HB, this just seems like the law on this is an !!!.

    But HBO makes it clear that this is how it works. That's a stupid law. I suppose, HBO, that in this situation the student partner would be expected to contribute towards the rent??? so there would be a deduction on top of any deduction for household income??

    It doesn't work like that for JSA
    single student - not entitled
    couple with one student both of them are not entitled.

    I have no problem with people claiming what they are entitled, and getting advice of how to acheive a successful claim.

    Any income, including student loans, and any capital, including property abroad or foreign bank accounts of a student partner would be taken into account when assessing entitlement to Housing Benefit or LCTS.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
  • epitome
    epitome Posts: 3,199 Forumite
    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.)

    I assumed people you know would not go penniless, I was paying you a compliment in a round about way
  • Dunroamin
    Dunroamin Posts: 16,908 Forumite
    epitome wrote: »
    I assumed people you know would not go penniless, I was paying you a compliment in a round about way

    Thank you. Unfortunately I don't know anybody with substantial savings:o ;friends who live in France or Spain are either retired or run businesses there.
  • clemmatis
    clemmatis Posts: 3,168 Forumite
    Wig wrote: »
    But that's what he said .... :confused:.....

    Sorry you're confused. I may have forgotten to bold something.
  • epitome
    epitome Posts: 3,199 Forumite
    edited 27 April 2013 at 11:14AM
    Dunroamin wrote: »
    Thank you. Unfortunately I don't know anybody with substantial savings:o ;friends who live in France or Spain are either retired or run businesses there.
    That would surely indicate why they can't get income related benefits. And would indicate substantial savings, by substantial I mean in the order of only a few thousand pounds 4, 5, 6 thousand., in other words enough savings such that they could not possibly get French income related benefits for a long time. "Substantial" in the world of income related benefits if you see what I mean.

    And your previous link is talking about conts based unemployment benefit....which in France are more generous than our conts JSA. It goes on to talk about the "RSA which may be available" (subject to savings) this is the Income Related equivalent of our JSA IB. And it is more generous than our JSA IB


    http://fr.wikipedia.org/wiki/Revenu_de_solidarit%C3%A9_active
  • dktreesea
    dktreesea Posts: 5,736 Forumite
    I haven't read the rest of the thread either but I do know if you arrive in Spain as immigrant with no income you get NOTHING.. NADA. Even native Spaniards don't get anything for very long. So our system is very generous compared to some.

    But that's because the Spanish equivalent of JSA is contributions based. People who just arrive can't claim unemployment benefit because they haven't paid into the system. No different to people who are born in Spain but have never worked.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    They haven't even got as far as processing the claim. Refused as wife is treated as a PFA because she isn't in receipt of a qualifying social security benefit.

    Read the first post again and the reasons for being turned down. The first time was questionable, the two subsequent made it clear it is about not claiming JSA not being treated or not as a PFA.

    1878 wrote: »
    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.
  • Dunroamin
    Dunroamin Posts: 16,908 Forumite
    edited 28 April 2013 at 8:48AM
    epitome wrote: »
    That would surely indicate why they can't get income related benefits. And would indicate substantial savings, by substantial I mean in the order of only a few thousand pounds 4, 5, 6 thousand., in other words enough savings such that they could not possibly get French income related benefits for a long time. "Substantial" in the world of income related benefits if you see what I mean.

    And your previous link is talking about conts based unemployment benefit....which in France are more generous than our conts JSA. It goes on to talk about the "RSA which may be available" (subject to savings) this is the Income Related equivalent of our JSA IB. And it is more generous than our JSA IB


    http://fr.wikipedia.org/wiki/Revenu_de_solidarit%C3%A9_active

    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/
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