Income Support - Am I Entitled?

denisa81

NYM wrote: »

Is this the one you wanted info about ?

Thank you, that is exactly what I was looking for...

Bollotom

I doubt that will help you much at the moment. It's a Euro directive and needs to be enacted here and that, knowing UK legal foundations lack of speed in getting things on the statute book, is going to take a while. Look for Polish Associations in the UK. Someone may be able to point you towards funds and grants. In the meantime get in touch with your MP. Is there not a chance you can go back to JSA until the very last moment? Just hope you can get it sorted.

Edit to add...Do you not get Child Benefit and/or Child Tax Credits when the baby is born? Or any form of 'Maternity Grant'. Seems like lots of people come here from overseas and get what you aren't getting. Got to be some loop-holes somewhere.. :cool:

epitome

You are having a lot of trouble with Income Support HRT and receiving no money.... whilst you have every right to ask for a Man Recon and then to ask for an appeal, in the meantime, you have every right to re-claim JSA, you cannot be disallowed JSA purely because you are pregnant, but you must continue to be available for work.


You could also claim ESA with your MAT B1 as evidence instead of a med cert, but be warned that ESA also has a track record of refusing on HRT to EEA nationals

Have you applied for Maternity Allowance / Statutory Maternity Pay? You might have some luck there, I believe you can apply for these whilst claiming JSA, and if you are succesful your JSA will stop.

You said in post #1 that you think according to the regulations you should be eligible but then you quoted a regulation that shows you are not eligible...Why did you say you should be eligible?
You do not appear to be eligible, because as you say, you are not a jobseeker and do not have worker status.
and this
(a)he is temporarily unable to work as the result of an illness or accident;
presumably does not apply to you for 2 reasons
1) Pregancy is not an illness.
2) You are not "temporarily not working" i.e. you don't have a job to go back to.

So maybe if you claimed ESA (for pregnancy) you would fall foul of being classed as a worker and therefore fail HRT.

Bollotom

That was my line of thought, epitome. She has worked here before and I thought she should get some benefits, or continue with JSA. That advisor was wrong to tell her to pack in the JSA (reduces the numbers of unemployed) and must have known the probable outcome. Looking at the rules, it's a minefield and perhaps she would be better going to CAB, if she can get an appointment.

epitome

The jobcentre advisor -knowing that a LOT of JSA claimants are told to claim Income Support or Employment Support Allowance and then they fail HRT and then they have to go back to JSA after waiting weeks or months without any benefits- Should have warned the customer that she MAY NOT BE ENTITLED to Income Support and should remain on JSA whilst seeking specialist advice from C.A.B. and Welfare Rights. before making a claim to Income Support.

This scenario is an all too common occurance from jobcentre "advisors".

epitome

One more question OP,

Did you get JSA Conts or JSA IB?

Because if you got JSA Conts, you might get ESA Conts
And ESA Conts is not subject to the HRT

As a rough estimate to get ESA Conts you will need to have earned in tax year 11/12 £5,100
and 12/13 £5,350

If you had JSA in either tax year that would reduce the amount of earnings required for that tax year.

denisa81

epitome wrote: »

You are having a lot of trouble with Income Support HRT and receiving no money.... whilst you have every right to ask for a Man Recon and then to ask for an appeal, in the meantime, you have every right to re-claim JSA, you cannot be disallowed JSA purely because you are pregnant, but you must continue to be available for work.


You could also claim ESA with your MAT B1 as evidence instead of a med cert, but be warned that ESA also has a track record of refusing on HRT to EEA nationals

Have you applied for Maternity Allowance / Statutory Maternity Pay? You might have some luck there, I believe you can apply for these whilst claiming JSA, and if you are succesful your JSA will stop.

You said in post #1 that you think according to the regulations you should be eligible but then you quoted a regulation that shows you are not eligible...Why did you say you should be eligible?
You do not appear to be eligible, because as you say, you are not a jobseeker and do not have worker status.
and this
(a)he is temporarily unable to work as the result of an illness or accident;
presumably does not apply to you for 2 reasons
1) Pregancy is not an illness.
2) You are not "temporarily not working" i.e. you don't have a job to go back to.

So maybe if you claimed ESA (for pregnancy) you would fall foul of being classed as a worker and therefore fail HRT.

Yes, Man Rec is already in progress and I am awaiting decision. I am also thinking of going back to JSA right after birth.

Haven't thought about ESA as I did not explore the possibility.

But I just sent in today a claim for Maternity Allowance so hopefully that will get me somewhere...

The last thing is interesting as the regulation states:

(2) A person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b) if—
(a)he is temporarily unable to work as the result of an illness or accident;
(b)he is in duly recorded involuntary unemployment after having been employed in the United Kingdom, provided that he has registered as a jobseeker with the relevant employment office and—
(i)he was employed for one year or more before becoming unemployed;
(ii)he has been unemployed for no more than six months; or
(iii)he can provide evidence that he is seeking employment in the United Kingdom and has a genuine chance of being engaged;
(c)he is involuntarily unemployed and has embarked on vocational training;

I am:
2(b) in a recorded involuntary unemployment I have registered as a jobseeker with the relevant employment office (right until I put a claim for IS as I cannot claim both at the same time and so cannot remain registered)
and
(i) I was employed for one year or more
(ii) I was not unemployed for no more than 6 months
and also
(c) I embarked on vocational training SAGE level 2 and ESOL (although I finished days before I put it a claim for IS)

My understanding of English tenses is limited as I am not a native speaker but "has registered as a jobseeker..." means that I registered sometime in the past and the time is not specified. If they would say "and is registered as a jobseeker" then I would not argue but then I would be a jobseeker and therefore eligible. As with the "has registered", "has embarked on the vocational..." should apply as they do not specify when.

See, I was a jobseeker and that is why I was able to claim IB JSA, but I think I qualify to have the right to remain a worker status.

It is tangled and I am getting confused but really, I should not cease to be treated as a worker.

Do I understand it correctly?

denisa81

epitome wrote: »

One more question OP,

Did you get JSA Conts or JSA IB?

Because if you got JSA Conts, you might get ESA Conts
And ESA Conts is not subject to the HRT

As a rough estimate to get ESA Conts you will need to have earned in tax year 11/12 £5,100
and 12/13 £5,350

If you had JSA in either tax year that would reduce the amount of earnings required for that tax year.

I was on IB JSA and only claimed from Dec 13 - Jun 14. Thank you, I will find out all I can about this.

thorsoak

You did not become pregnant on your own - has the father offered you financial support Once the child is born, you should contact CSA (sorry I know that the name has changed) to ensure that you do get maintenance from him.

MissMoneypenny

epitome wrote: »

So maybe if you claimed ESA (for pregnancy) you would fall foul of being classed as a worker and therefore fail HRT.

I think I read that it comes under the "not being an undue burden to the EU country"? Although that might just be the part for those on the EU route who try to get PR in another EU country, as they have to show they were exercising their EU right for the whole 5 years and not being an "undue burden" by claiming out of work benefits for more than x months.
.