Housing Benefits for people from the EEA

lamialex

Hello,

I am a little bit confused with this new law on being from the EEA and not a UK resident and claiming benefits.
I have lived and worked in the UK since 2000. I lost my job last May, got accepted for JSA because of the time I have been living in the country but then got refused HB because I am on JSA. I have now found work again so I don't really care but I just would like to know for future references. The guy I saw at the housing benefits bureau was clueless and hadn't heard of this new law so he couldn't really help me.
Does that mean whenever I will be unemployed and claiming JSA, I will never be able to claim housing benefits even if it is because I have lost a job?
Thanks for your help.

stevemLS

It's a policy announcement at the moment, not a law, so not unreasonable that the Housing Benefit office didn't know about it.

From what was said on the news, it will only apply to those who have not paid National Insurance contributions.

tomtontom

Being on JSA should not stop you from claiming HB. Having been here for so long you should be treated as a permanent resident, your entitlement should be the same as a home citizen.

Housing_Benefit_Officer

http://www.freemovement.org.uk/removal-entitlement-housing-benefit-eea-jobseekers/

If you were working for 3 months prior to being awarded JSA and meet the MET for this period you should get HB.

http://www.freemovement.org.uk/using-minimum-earnings-threshold-determine-worker/

lamialex

it does apply to people who have paid NI contribution because it just applied to me and i have been paying NIC since 2000 and the person at the office confirmed to me it was a new law not just an announcement so maybe we are not talking about the same thing.

lamialex

Thank you so much for that last message and all the links.

jetplane

A former worker can retain the Right to Reside for 6 months or do you not have a Right to Reside under permanant residencey (5 years) or a derivative right to Reside as a family member?

These are new regulations and changing quickly therefore mistakes will be made, however the new rules are applied where the only reason you have a Right to Reside is as a jobseeker. In your case I believe you should be able to claim JSA and HB.

lamialex

I got a letter from the Benefits services today giving me a bit more details about why I couldn't claim HB, it says:

"the reason is because you have not retained your worker status through JSA"

not sure what requirements you need to have that status so who should i contact?
thank you.

dippy3103

lamialex wrote: »

I got a letter from the Benefits services today giving me a bit more details about why I couldn't claim HB, it says:

"the reason is because you have not retained your worker status through JSA"

not sure what requirements you need to have that status so who should i contact?
thank you.

Ask for a reconsideration... That can't be right. Hopefully HBO will be along soon - he's v v knowledgable

lamialex

yes definitely asking for a reconsideration but not sure what to tell them.
who is HBO? can i contact him directly?

pmlindyloo

lamialex wrote: »

I got a letter from the Benefits services today giving me a bit more details about why I couldn't claim HB, it says:

"the reason is because you have not retained your worker status through JSA"

not sure what requirements you need to have that status so who should i contact?
thank you.

OK, this link might help may help about your earnings immediately before you claim JSA. Do they apply?

http://www.adviceguide.org.uk/england/benefits_e/benefits_coming_from_abroad_and_claiming_benefits_hrt/benefits_eea_nationals_and_the_habitual_residence_test/eea_nationals_former_workers_and_the_hrt.htm