HRT fail

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Hi, my name is Daniel,
I arrived to London with a German passport in November 2013,
I applied for JSA in December 2013,
I failed my HRT, but kept attending the job centre until I found a job in March 2014.
Since then I'm still working and living in London.
I asked for reconsideration of the HRT and appeal the decision but nothing happen.
Lately, I found out I failed because of the "3 months rule".
Is it justified and can I do anything about it?
Thank you.
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  • Caz3121
    Caz3121 Posts: 15,558 Forumite
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    there is an article here about it
    https://www.gov.uk/government/news/improved-benefit-test-for-migrants-launched
    you needed to have been resident in the UK for three months before being able to receive any means tested benefits

    Not sure what you can appeal against as, unless you had been living in the UK for three months you would fail on the three-month rule
  • SnooksNJ
    SnooksNJ Posts: 829 Forumite
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    Hi, my name is Daniel,
    I arrived to London with a German passport in November 2013,
    I applied for JSA in December 2013,
    I failed my HRT, but kept attending the job centre until I found a job in March 2014.
    Since then I'm still working and living in London.
    I asked for reconsideration of the HRT and appeal the decision but nothing happen.
    Lately, I found out I failed because of the "3 months rule".
    Is it justified and can I do anything about it?
    Thank you.
    Claim unemployment from Germany for the months you didn't work?
  • dippy3103
    dippy3103 Posts: 1,959 Forumite
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    Do you mean appeal the decision in December 2013?

    If so its academic as 13 months have enlapsed since the decision so all appeal rights have ended
  • Daniel_Mizrachi
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    First, thank all of you.
    there is an article here about it
    you needed to have been resident in the UK for three months before being able to receive any means tested benefits

    Not sure what you can appeal against as, unless you had been living in the UK for three months you would fail on the three-month rule

    Interesting, but since when is this "3 months rule"?
    Also, I was attending the JCP until the end of March 2014, so at that point I was in the country for 4 months already. Can I get benefits at least for the extra month?
    Claim unemployment from Germany for the months you didn't work?
    Don't think it's appropriate, I never spent a day in Germany.
    Do you mean appeal the decision in December 2013?

    If so its academic as 13 months have enlapsed since the decision so all appeal rights have ended

    I did appeal it.


    It's a great shame that all the time I was attending the JCP, they didn't tell me any of this,
    or afterwards, in the dozens of phone calls that lasted for hours.
  • NYM
    NYM Posts: 4,066 Forumite
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    Are you hoping for a payment of JSA for the time you weren't working?
  • dippy3103
    dippy3103 Posts: 1,959 Forumite
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    Has your appeal been heard yet? What grounds did you appeal on?
  • Daniel_Mizrachi
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    Are you hoping for a payment of JSA for the time you weren't working?
    Yes.
    Has your appeal been heard yet? What grounds did you appeal on?
    No. I been chasing them for more than a year.
    That I live and work in London and intend to continue.
  • NYM
    NYM Posts: 4,066 Forumite
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    Don't waste any more energy in trying to get them to alter their decision, they won't.

    It should be your responsibility to make yourself aware of rules regarding residency and claiming from the 'public purse' :)
  • Caz3121
    Caz3121 Posts: 15,558 Forumite
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    That I live and work in London and intend to continue.
    but that would not work for an appeal for JSA as you would not be working and claiming JSA.
    You came to the UK and were unemployed. As with anyone from EU (now including UK citizens that have been overseas for a period other than a holiday) you cannot receive benefits in the first 3 months. You said you registered in December and had a job 3 months later, are we talking about a week or two that you believe you should have received JSA and didn't?

    did you come with enough funds to support yourself until you got a job or were you expecting benefits from day 1?
  • dippy3103
    dippy3103 Posts: 1,959 Forumite
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    Your appeal needs to be on the basis of incorrect facts used by DWP or the law being applied incorrectly. If you failed the HRT on the 3 month rule & you had been in the UK less than 3 months at the time then i can't see your appeal (if made in time) will succeed.
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