Income based JSA has been suspended, any help?

USinUK

Quick bit. My JSA (Income based) has been suspended, not sanctioned. I have not- to this day- received a letter from DWP even telling me it has been stopped, much less why. Sorry for the following novel, but I felt it was better to put everything out so that there was nothing missed.

Hello all, background info. I am 36, with two children (4/6), have been a SAHM since I moved to UK over 7 yrs ago. I was to start school last Oct, to train for Hairdressing and be able to begin work once youngest was in Primary School. Husband told me Aug 2014 he wanted a divorce, so not paying for school etc. Within a few weeks I went from having a fairly decent disposable income (between 700-900 per month approx) to him giving me 70£ a week. I had no personal savings so could not move, and he is stating that he plans to live in the marital home once the divorce in final, so refuses to move out. Only half of the property is comsidered Marital, so I am only entitled to 1/4 of the home. I can't pay the mortgage so can't force him out. My lawyer is trying to work a deal where if I agree to a 40/60 custody, he will move out until the divorce is final, but that is still in waiting. He has also taken me off the car insurance so I am unable to drive the family car (which just sits parked during the majority of the week, as he has a work vehicle).

During this time I was told by both C.A.B and my lawyer to apply for Income Support and have Child Benefit to my name (as it had always been in STBX's). Both of which I did. I was initially given IS, but they changed their minds after almost two months, as the STBX still was living within the home, and I was still considered in a relationship (which I appealed, even giving them a letter from my solicitor and copies of all the paper work between our lawyer, about 2-3 per month from Aug-Jan). Child benefit was given to me for one of the children, while he receives it for the other one. I also receive Child Tax Credit for the one child, he does not as he makes too much money to receive CTC.

Once I was informed I could no longer receive IS (and had to pay a majority of it back), I was told by the person at the number on the paperwork to apply for Jobseeker's Allowance (Income Based). I did so, and was awarded it. I have been in receipt of JSA since late Jan 2015. Then for no reason that I have been told, they suspended my JSA as of Mar 18, 2015. I went to my sign on on the 18th, but no payment was made into my account on the following Monday. I called Jobcentre and was told my payments had been suspended and referred to a Decision Maker, which they had two weeks to make a decision. I was to continue on as I had been doing (searching/applying for jobs, going to my sign-on appts). I continued to do so.

When I went to my next sign-on date (Apr 1, 2015) I asked if I would be getting my payment, and I was told that it had only just been referref to a DM the day before, and that they would have two weeks to make a decision. I informed them that this couldn't be as I had called almost two weeks prior and been told it was already referred. She said she couldn't do anything, and I would have to wait for the two weeks.

I have just went for my third sign-on since this all started this past Wed (Apr 15, 2015), and was told that a decision had not been made. I asked if I had been doing all I was to be doing, and the advisor told me yes, in fact I was doing more than I had agreed to initially. I have never missed an appointment, I have provided them with names/numbers/emails of the various jobs that I have applied for outside of Universal Jobmatch, and I also put this info into the activity history on UJ on a daily basis. My only mess-up was my last appointment, as I had to bring my youngest to a dr appt to a town on one side of where I live, then head straight to Jobcentre which is a town on the other side of where I live, and during the process I left my booklet at home. I told her this and she said it wasn't a problem.

SO, as for right now I get CB for one child (about 20£) and CTC for one child (about 63£), per week. I also get 70£ per week from the STBX, as I have care of the children a majority of the week (4.5 days to his 2.5 days) and he feels this is sufficient Child Maint on his +50,000£ wages.

That is £153 a week for food/necessities for myself (I neither drink nor smoke), for the children 4.5 days of the week- one still uses pull ups at night, (STBX buys food for them only on the days he considers them his responsibility), transportation to Jobcentre/dr appts/ for groceries/ etc. I live in a village. No dr or proper grocery shop here, so I have to travel to these things. I also have my cell bill, as he has changed the internet and cancelled the home phone. I use my phone as a number for all job applications/etc, and as a hotspot for my laptop to have internet access.

Sorry for the novel...but I am at a loss as to what to do. I have tried applying for a Crisis/Community Care Grant, they never called or emailed me back. Calling the Jobcetre numbers isn't any help as they keep telling me it is with a Decision Maker. I don't qualify for the emergency payment or whatever it is you get from Jobseeker's, as my account is only suspended, NOT sanctioned. Please, someone help. Advice. Anything.

Again, sorry so long. And many thanks for any help/advvice given.

~A~

merlin68

I would imagine its something to do with people from other countries, receiving income based benefits.
What does it say on your passport about recourse to public funds.

Nada666

You are only £36 short of what you described as a 'fairly decent' income. Explain again - you were happy with £700 a month but £664 a month is a burden.

USinUK

merlin68 wrote: »

I would imagine its something to do with people from other countries, receiving income based benefits.
What does it say on your passport about recourse to public funds.

My visa is Indefinite Leave to Remain. I have full ability to claim all the benefits allowed a UK citizen other than voting. I would have that, but as my STBX kept telling me we would be moving back to the US soon, and my visa has no end date, we figured to just pay the change over fee if my current passport expired prior to us moving. I have paid over 5,000£ pounds for all my proper visas/tests/etc, and lived here legally for over 7 years.

The problem now is that STBX thinks that since I have no money or family support that I will up and leave our children here with him. I am trying very hard not to do that. But as I have no personal savings, and the financial aspect of our divorce is looking to be drawn out, my only option was to apply for the benefits I was told I was allowed. If I had another option, I would take it. I have applied for every position I have seen. Fast food restaurants say I am too qualified, most other jobs see the fact that I have been a SAHM and not worked for over 7 years as a bad things. I am not being picky about jobs, but the ffact that my yongest is still in nursery and the jobs I qualify for barely pay per hour what her childcare would cost, then add in my travel expenses and possibly care expenses for my elder child...I would be making less than I am paying out.

USinUK

Nada666 wrote: »

You are only £36 short of what you described as a 'fairly decent' income. Explain again - you were happy with £700 a month but £664 a month is a burden.

700£ was my disposable income. It payed for swimming lessons, clothes, Rainbows, gymnastics classes, dance classes, days out with my children, school trips, random groceries forgotten in the big grocery trips. All those not really necessities, but things you can have when you have a bit more money.

-Back then I had an insured vehicle and I wasn't paying gas for it- now I pay for the bus/train depending on where we are going. I haven't bought a monthly pass as sometimes we only need to travel twice a week, sometimes four or more times.
-Back then I wasn't paying for groceries/clothes/personal items- now I pay for them for myself all the time and for my children a majority of the time.
-Back them I had a home & cell phone with international calling plan, so I was able to talk to my family- now I have a cell that I pay for which only give me access thru messaging and sporadic voice call via the internet to my family.

In addition I am responsible for half of the previously mentioned classes (dance etc), until the end of the current enrollment period (when school ends). The only one I thought they needed was swimming, but the STBX said that girls over here did these things, so I went along. As they were already in the classes when divorce was filed for, they are considered a joint debt, and since they are all paid quarterly, that is another bill.

So yes, that 664£ goes very far.

pmlindyloo

Scottish law in quite different to English law.

You might like to read this.

http://www.adviceguide.org.uk/scotland/relationships_s/relationships_relationship_problems_s/ending_a_marriage_scotland.htm

There is a legal obligation for you to support each other financially
until you are divorced.

I can understand why you wish to remain in the matrimonial house as it is far more difficult to assert your rights after you have moved out.

If your ex refuses to support you when you are in financial difficulties then you need to use your money just to provide food for yourself and the children.

Do not pay anything else. You may be jointly responsible for the children's lessons (who said this?)but they will become non priority debts (or your ex can pay them) and this can be sorted after the divorce.

If you are wanting not to live in the matrimonial home then you ex is going to have to give you the money for a deposit/rent (until your benefits are sorted) for a privately rented place. Are there any friends you can call upon for financial help. You will eventually receive your financial share of the matrimonial house so will be able to pay it back.

I cannot understand what your lawyer is doing. Does he realise what is happening? Talk to him/her about your options and whether they will have an effect on the arrangements made at the divorce proceedings. Talk to him about how your ex is not providing financial support and how he has cut off the phone and taken you off the car insurance.

It is dreadful that your children are being used as 'pawns' in your separation.

As regards your claiming benefits it is, no doubt, due to your continuing to live with your ex.

However, tax credits have been awarded so HMRC have agreed that this is the case - you are separated but living in the same home. Did you provide all your supporting evidence re: the pending divorce for JSA?

It is likely that JSA will be awarded (if so then IS should have been - don't understand this) but you will just have to wait until the DM has made their decision.

Please go back to CAB/speak to the lawyer and update them of the problems you are facing as regards claiming benefits.

There are some contact details of organisations that may be able to advise in the link so give them a call.

A very horrible situation.

merlin68

Are you allowed to remain if your marriage ends though?

pmlindyloo

merlin68 wrote: »

Are you allowed to remain if your marriage ends though?[/QUOTE

Indefinite Leave to Remain gives the OP settled status and full rights.

http://en.wikipedia.org/wiki/Indefinite_leave_to_remain

Mersey_2

Yes, indefinite leave to remain is the best that a foreign National can acquire. It's not quite as good as right of abode which is what UK Nationals have; but, in reality its only usually those convicted who are deported of the former category.