Income Support - Am I Entitled?

MissMoneypenny

denisa81 wrote: »

As in the previous post, I can legally be here and I have a national insurance number and everything I need to be here in the UK.

Nobody is saying you can't be in the UK, it's just whether you are allowed to claim some benefits under the free movement rules. Free movement is either work (claiming jsa will be counted for a short while towards PR), study or be self sufficient.

Will the father of the baby support you for a while? Can your family send you money if you don't want to go home?

epitome

denisa81 wrote: »

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.

Have you got a link to the legislation you are quoting?
I would like to read the whole to give myself a better picture of what it is saying..

For now, I think you are reading it wrong, especially the bit
(ii)he has been unemployed for no more than six months; or
That, to me, is saying after you have been unemployed for more than 6 months (regardless of that you only claimed JSA for 5 months and 2 weeks, after JSA finishes in a further 3 weeks time you will have been unemployed for longer than 6 months.) you will lose worker status... unless... you satisfy condition (iii).

To me, the wording is strange, because it talks about being a "jobseeker" and "worker status" as two seperate entities, and in order to continue to be a "worker" you have to "register as a jobseeker", well, if you register as a jobseeker you become "a jobseeker" so worker status no longer has any relevance so why does the regulation continue to give qualifiers for worker status as a jobseeker ?

So that's why I want to see the whole thing.

anmarj

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/283507/m-1-14.pdf

Epitome, this should give you a bit more understanding about the worker status. Not sure what happens in other office but could be the same, but in our office the eu cases go to a specialist team who deal with these type of cases

missapril75

This is all a bit puzzling. HRT was introduced in 1994 to discourage benefit tourism - coming to the UK with a view to claiming benefits.

It applied to new claims made by recent arrivals.

I understand the rules have changed and there's much less discretion what with there now being a qualifying period.

But a move from JSA to Income Support didn't previously result in HRT being looked at all over again (or being looked at if the JSA claim predated HRT introduction)

Just as there was when HRT was originally introduced perhaps there is a "when not to apply the new rules" section which includes someone already in receipt of a benefit that would ordinarily be subject to the rule.

From what I've read on this thread, this is a change of circumstances that may result in a change of benefit rather than it counting as a whole new claim.

TELLIT01

The rules for HRT on Job Seekers allowance are very different to those covering IS & ESA. Every time a 'person from abroad' puts in a claim for IS or ESA their entitlement is looked at again, or should be. That applies even to a Rapid Reclaim.
Qualifying conditions for IS and ESA are much tougher than for JSA. This is because JSA is for workers (or potential workers) whilst the others are sickness benefits. There is a positive benefit to the country in helping people into work, obviously less so in helping people to claim support from the state.

missapril75

keitht53 wrote: »

The rules for HRT on Job Seekers allowance are very different to those covering IS & ESA. Every time a 'person from abroad' puts in a claim for IS or ESA their entitlement is looked at again, or should be. That applies even to a Rapid Reclaim.

Well, yes, that would also apply to a Brit that had recently returned too, but the purpose would be to check if habitual residency had been maintained.

It would be a bit of a nonsense to pay JSA to someone who had been resident since they arrived or returned 4 months before a claim and then they make a rapid reclaim after working for a month and then not pay them if they had been UK resident throughout.

They'd be subject to the HRT but would pass it unless they had a new period outside the UK.

Qualifying conditions for IS and ESA are much tougher than for JSA. This is because JSA is for workers (or potential workers) whilst the others are sickness benefits. There is a positive benefit to the country in helping people into work, obviously less so in helping people to claim support from the state.

References to HRT include IS and the income versions of ESA and JSA. The main difference, however, is the additional requirement to have physically been present in the UK for three months. That makes it harder to satisfy HRT rules for JSA, doesn't it?

I was just reading that Poles have the same rights as other EU citizens when it comes to benefits.

I've been out of the system a few years but satisfying JSA rules and moving directly to I/S would not previously have presented a problem. It seems odd that it does now and I wonder if the DWP have simply ignored the fact of it being a change of circs.

I'm not saying I'm right, it just seems an avenue worth pursuing given the purpose of these rules is to discourage people arriving and claiming and the OP is someone already settled and already claiming.

That French case mentioned earlier does seem to contradict my opinion, however, so things are not always clear cut.

sportsarb

Things have changed in HRT in the last few years, in fact, they've changed in the last few months as well and are constantly changing.

HRT does need looked at at the start of every new claim now because definitions change from one benefit to another. The big one being Jobseekers no longer qualifying when they claim sickness benefit.

Of course, given that the government created ESA to get people off benefit and in to work, it wouldn't be unreasonable to treat those with minor or short term absences from the job market a bit of leeway.

pmlindyloo

Whilst you are trying to sort this out - no other advice than what has already been given about the benefit side - could you consider becoming self employed as you are an accountant?

I know it may be difficult at the moment as you are so nearly due to give birth but you could see if there was a local Polish association and ask for some contacts.

Many Polish people are self employed and it is likely that they may need help with their accounts.

Sine your English is so good you could be a real help to those who have difficulty with the language.

Could also be a very good source of income for after the baby is born as you could mainly work from home.

BillJones

thorsoak wrote: »

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.

Although I understand that it can be an unpopular thing to say, it would be considered normal, and right, for the other half of the couple to support the mother and child, is this not possible?