JSA Claim- Foreign Non-EU/Fulltime Student PARTNER

StressedGraduate

I am recent graduate who is claiming Jobseekers (Only Jobseekers not Housing benefit).








My boyfriend is a fulltime student, he is not British/Not EU, he is here on a STUDENT VISA and his father funds him completely.


I have been told if he moves in with me it would effect my JSA? Apparently we would have to do a Joint claim....but I don't understand why would we have to do a joint claim, he is NOT eligible for any benefits (apart from exemption from council tax). He is not from a country in the EU. And he is a fulltime student....Does any one know what would happen, would my JSA be reduced or cancelled? We don't even share our finances, he is a student and as with most students they live in shared housing as it is cheaper . Really scared...

pmlindyloo

You would not have to make a joint claim for JSA if he moved in with you because he is subject to immigration control.

You would make a single claim.

http://www.legislation.gov.uk/uksi/2000/1978/made

StressedGraduate

Thank you so much, provided me with a lot of relief and it was very kind of you to search the actually Act!

midnight_express

His income will be taken into account if you claim means tested benefits.

missapril75

midnight_express wrote: »

His income will be taken into account if you claim means tested benefits.

I agree. It's important to distinguish between "joint claims" and "couple claims" in this situation.

A joint claim is made by a couple where both have to satisfy job seeking conditions. Exceptions where one does not have to satisfy job seeking conditions would include where they cannot work, so they cannot job seek.

So not a joint claim.

However, they are still a "couple" just as they would still be a couple where one couldn't job seek because they were a student or not fit to work.

Couples are ordinarily assessed using the "couple" allowance and then income of the couple is a resource.

In the case of a couple where one is subject to immigration control - a Person from abroad (PFA) - the rate of allowance applied is that of the single person and, so, everyone naturally thinks of this as being paid as a single person.

But there's a very unfair rule that means the income of the person not being paid for still falls to be considered as a resource that may affect benefit.

On the other hand if it was a married couple and the PFA had a million quid in the bank, nobody would expect the spouse to be able to get means tested benefits, so there is a certain logic to it.

Having said that, the income may actually fall to be disregarded as some payments from family often are.