Why were my JSA and Housing benefit claims rejected?

marina999

In a nutshell, I am a Bulgarian national who came to the UK in 2006. Initially, I worked for 9 months and subsequently, I was made redundant. Since then, I enrolled in 3 part-time courses as I could not find employment and something else to do with my time. My relationship also fell apart a few years ago which made it even more difficult for me. I have a 6-year-old who is a British citizen in full-time education. Recently, I applied for Income Based JSA and Housing Benefit as I thought things would have become easier for me from January this year.
I met an advisor from the local CAB and he gave me the green light. However, a few days ago I received the following answer by post:


"I have decided that we cannot allow you to claim Income Based JSA. As a Bulgarian citizen you have the right to reside in the UK for as long as you remain a qualified person.
All EEA nationals who are qualified persons have the right to reside in the UK for as long as they remain qualified persons. A "qualified person" is an EEA national who is in the UK and is a jobseeker, a worker, a S/E person, the parent and primary carer of a child in education, a self-sufficient person or a student.
I am not able to class you as a worker as you have not worked since 2007. I am not able to class you as a work seeker as you have not worked since 2007. You are the carer of a child in education but you also have to have worked to satisfy this criteria."


It seems to be that as soon as I satisfy a certain criteria, another one comes out. The decision makers do not state which law they based their decision on and they keep on mentioning the fact I have not worked recently but I did not try to claim Contribution Based JSA after all... I know some many people, all EEA nationals who never worked a day in their lives in this country and still claim these benefits. Was the decision rightful? If someone could shed more light, please do. Thank you in advance!

tng86

To me, it seems like you're only claiming 'because you can now' and not because you really need to. How have you survived financially since 2007? How have you survived financially since the breakdown of your relationship? If you managed to get by then, why now are you having difficulty?

I'm not saying that you're 'playing the system' or whatever, but it does seem that way and that's probably the reason why you haven't been awarded the benefits. I think, after what you've said here, that the right decision was made. Maybe they need further information from you?!

I'm not too clued up on the system and have only started claiming JSA myself recently, I'm sure someone will come along and give you relevant advice soon.

Caz3121

you received answers last week https://forums.moneysavingexpert.com/discussion/4865551

missapril75

marina999 wrote: »

... I know some many people, all EEA nationals who never worked a day in their lives in this country and still claim these benefits.

I can't speak for the accuracy of the decision but I believe different conditions were put in place for Bulgarians (and others) which meant slightly different rules compared to other EU nationals.

I thought, though, that the restrictions would apply to more recent arrivals.

I have a vague recollection that back in 1994, when the habitual residence rules were introduced, that EU workers were accepted as satisfying the new rules because they had worked. I recall something about lone parents being accepted too if being a lone parent meant they hadn't worked.

It's different legislation but I wonder if the similarities are sufficient for you to argue that being a lone parent for at least part of the time exempts you from having to be classed as a worker?

Maybe that's why CAB suggested you'd qualify?

bloolagoon

How did you survive all these years?

Caz3121

bloolagoon wrote: »

How did you survive all these years?

OP was asked that last week and did not answer

StormyWeather_2

The previous thread appears to be about contributions based JSA. Presumably they have now claimed for income based and have also been refused that.

Voyager2002

tng86 wrote: »

I'm not too clued up on the system and have only started claiming JSA myself recently, I'm sure someone will come along and give you relevant advice soon.

In which case you should not post "advice". Incidentally, the decision was probably wrong in law: you do of course have a right to your opinion as to whether it was morally right.

Voyager2002

marina999 wrote: »

"I have decided that we cannot allow you to claim Income Based JSA. As a Bulgarian citizen you have the right to reside in the UK for as long as you remain a qualified person.
All EEA nationals who are qualified persons have the right to reside in the UK for as long as they remain qualified persons. A "qualified person" is an EEA national who is in the UK and is a jobseeker, a worker, a S/E person, the parent and primary carer of a child in education, a self-sufficient person or a student.
I am not able to class you as a worker as you have not worked since 2007. I am not able to class you as a work seeker as you have not worked since 2007. You are the carer of a child in education but you also have to have worked to satisfy this criteria."

The decision is probably wrong: ask to see a specialist through CAB and appeal.

You ARE probably a job-seeker: the regulations are changing but you are probably entitled to be treated under the old regulations, depending on when you submitted your claim. In addition, you are of course a parent/carer who HAS worked in this country...

tng86

Voyager2002 wrote: »

In which case you should not post "advice". Incidentally, the decision was probably wrong in law: you do of course have a right to your opinion as to whether it was morally right.

Sorry, I didn't post advice. I was giving an opinion as to how the OPs situation may be viewed by the officials. I thought I was clear with that - I even stated that I couldn't give advice.

If I'm wrong and you could make clear where I posted advice (so I know for future postings) that would be great

marina999

tng86 wrote: »

To me, it seems like you're only claiming 'because you can now' and not because you really need to. How have you survived financially since 2007? How have you survived financially since the breakdown of your relationship? If you managed to get by then, why now are you having difficulty?

I'm not saying that you're 'playing the system' or whatever, but it does seem that way and that's probably the reason why you haven't been awarded the benefits. I think, after what you've said here, that the right decision was made. Maybe they need further information from you?!

I'm not too clued up on the system and have only started claiming JSA myself recently, I'm sure someone will come along and give you relevant advice soon.

You couldn't be more wrong. Of course I tried claiming now because "I really need to". It's been more than a struggle to make it until now. I know my rights and responsibilities in this countries. I take every single responsibility here, I pay the Council Tax and all my bills on time and I am a low abiding citizen. But when it comes to my "rights", ah, that's another story.. And since everyone is so interested how I survived by now, no, I have not lied or stolen. My son's father was supporting us before as he has always worked and since we split up, I have been receiving the Child Benefit and Child Tax Credit, and whatever his dad throws as maintenance at the end of the month. So you add it all up, is something like £530 a month, and then tell me if I really need the JSA and Housing Benefit. Of course I do. I am obviously raising a British citizen in the most moral way possible and I guess it counts for nothing. After all, I came to this forum for ADVICE, not to be questioned and judged once again.