British National failed HRT for JSA help please.

Kirsty26

Hi I was wondering if anyone has had similar issues with this process? My boy friend has recently lost an appeal to claim JSA on the grounds of him not meeting the criteria for habitual residency.

He was born in the UK and has lived and worked here all his life, the only variation being he travelled to Europe at the beginning of the year for just under seven months. According to the decision maker he cannot claim until he has been back in the UK for three months.

I am really shocked at this because I know of lots of people (my self included) who have taken a year out, gap year, travelled and would not have thought this should affect any entitlement to benefit, if one should unfortunately need to claim. Its not as though he had been in Europe (which I thought we were part of) for years...

Our problem is he can't claim, I've had to allow him to move in with me as he would literally be homeless (again) as he was and couldn't get any help due to him not being entitled to benefits. He is looking for work daily, but it's really hard when we cant afford bus fares, mobile phone credit etc. I have a child and am currently receiving ESA so cannot afford to support him, but can't turn him out on the streets with no money to eat and no where to sleep even the hostels require HB. He has had his quota of food parcels and that's all he can get.

PLEASE can anyone give us some advice as to what on earth to do? Citizens advice bureau is in the next town and the job centre here cant help either. Really at my wits end:(

Caz3121

This rule has been in place since the start of this year

https://www.gov.uk/jobseekers-allowance/eligibility

New or recently returned to the UK
To get income-based JSA you must prove that you’ve been living in the UK for 3 months before you claim if you’re:

a UK national who has recently returned from abroad and you haven’t worked since coming back to the UK

I don't think he has failed the HRT, he just does not meet the criteria for JSA yet

specialboy

You say you've had to let him move in with you, where will he live once he gets his JSA.

Caz3121

How did he support himself abroad for 7 months, did he just come back when he ran out of money? If he was able to support himself abroad, what is different?

specialboy

He probably had a job while abroad.

fabforty

Try the Old Style saving boards for tips on how to save money on food and shopping - e.g. how to eat cheaply. As he has moved in with you, it is really just the additional food that you need to worry about. Utility bills, electricity and the like are unlikely to be higher. Anything else (money for socialising, clothes, bus fares, etc.) can wait a few months until he is eligible for JSA. Even job hunting unless it is local might have to wait. Does he have any possessions that he can sell or pawn to tide him over?

missbiggles1

fabforty wrote: »

Try the Old Style saving boards for tips on how to save money on food and shopping - e.g. how to eat cheaply. As he has moved in with you, it is really just the additional food that you need to worry about. Utility bills, electricity and the like are unlikely to be higher. Anything else (money for socialising, clothes, bus fares, etc.) can wait a few months until he is eligible for JSA. Even job hunting unless it is local might have to wait. Does he have any possessions that he can sell or pawn to tide him over?

Depending on his NICs and/or the OP's income, he might not be eligible for JSA at all.

sammyjammy

Is there a possiblity he would be eligible for Contribution based JSA, was he working in the tax years 11/12 and 12/13?