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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
    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

    Conts based unemployment benefit is completely different in France since it is based on years of continuity. You don't get it in addition to redundancy. It therefore cannot be compared at an individual level.

    As for JSA IB, I believe the equivalent is a bit higher, but HB is lower and rarely covers the full rent. There are also severe restriction in regards to HB, not just about number of bedrooms, but actually size of the property!
  • epitome
    epitome Posts: 3,199 Forumite
    Ok Dunroamin, I stand corrected, but it is only recently that they have changed their benefits system in regards to new arrivals and they also now are breaking European laws.

    However, once arrived in France all you would need to do was to hold down a job for a while and then you could get RSA if you lose the job (not if you lose it by your own fault of course). In UK you would be barred from JSA IB for about 2 years working or not working. Shedboy was wrong.
  • mumps
    mumps Posts: 6,285 Forumite
    Home Insurance Hacker!
    I had some experience of trying to get jobs in France a few years ago. It was impossible unless you spoke, wrote and understood the language couramment i.e.fluently, like a native.

    Do we apply the same rules to people coming here expecting to get a job?

    I suppose it depends on what the employer needs, if it is picking strawberries your level of English might not be very relevant. If the MD of a large business needs a PA he would probably need them to be fluent in written and spoken English.
    Sell £1500

    2831.00/£1500
  • 1878
    1878 Posts: 12 Forumite
    Seventh Anniversary Combo Breaker
    edited 28 April 2013 at 10:29AM
    FBaby wrote: »
    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.

    This is wrong. The claim is not being processed because they treat her as a PFA (and they claim a PFA has to work or be in receipt of social security benefit to be entitled to claim).

    I simply added the fact that she would not receive JSA if she applied for this.
  • epitome
    epitome Posts: 3,199 Forumite
    And they also employ people iin France to pick bean crops cabbages, cauliflowers etc and do cleaning, I doubt they are very picky on your language skills, they'd be glad to get the workers let alone what language they speak or even if they can speak anything at all (dumb)
  • buglawton
    buglawton Posts: 9,246 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Does not the student loan include tuition fees? What if you subtract those?
  • buglawton wrote: »
    Does not the student loan include tuition fees? What if you subtract those?

    Student loans are treated as income for benefit purposes. If you don't claim your full loan then Housing Benefit Departments, by law, are compelled to use the full eligible loan you could receive, not what you actually receive.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    1878 wrote: »
    This is wrong. The claim is not being processed because they treat her as a PFA (and they claim a PFA has to work or be in receipt of social security benefit to be entitled to claim).

    I simply added the fact that she would not receive JSA if she applied for this.

    Sorry but this all getting confusing. Are you saying that they are not processing the claim because they treat her as a PFA AND as a PFA is expected to work or claim? What do you mean by 'if she applied for this', what is 'this'?

    The quote I provided makes no reference to PFA. It says that's how it is for anyone claiming regardless of status.
  • FBaby wrote: »
    Sorry but this all getting confusing. Are you saying that they are not processing the claim because they treat her as a PFA AND as a PFA is expected to work or claim? What do you mean by 'if she applied for this', what is 'this'?

    The quote I provided makes no reference to PFA. It says that's how it is for anyone claiming regardless of status.

    If you read back through the thread and see the advice I have given. 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. From the details given it would appear an error has been made and the O/Ps partner shouldn't be treated as a PFA and if she isn't classed as a PFA then it doesn't matter if she doesn't receive a qualifying social security benefit.

    The PFA rules are confusing and complicated so it needs someone who knows how the regulations are meant to work to go through the evidence they have to see if an error has been made.

    It could be something that hasn't been stated causing the rejection but my opinion is based on the information given by the O/P. It is no good giving an opinion if you have no working knowledge on how these complicated regulations are meant to work.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
  • Dunroamin
    Dunroamin Posts: 16,908 Forumite
    Student loans are treated as income for benefit purposes. If you don't claim your full loan then Housing Benefit Departments, by law, are compelled to use the full eligible loan you could receive, not what you actually receive.

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