JSA & HRT Advice

simonr1603

Hi all,

I’d like some advice on claiming JSA. Been told conflicting advice by DWP staff so I’m confused as to where I stand.

This summer after finishing Uni I travelled to the USA to work at a summer camp and go travelling. In total I was there for 11 weeks and 4 days.

On return I have applied for JSA but been told that I have to pass a HRT in order to claim. It’s my understanding that I will fail the HRT due to not being back in the UK for three months.

Does anyone know what the threshold is for making UK citizens undertake the HRT? I can only find a Guardian article that says three months. For the avoidance of doubt I’m 23 and born/lived in the UK my entire life.

Thanks in advance.

nannytone_2

the rule is the same for all EU citizens, regardless of the country of birth.
they need to be resident in the UK for 3 months before they can make a claim

[Deleted User]

3 months back in the UK is essential but thy do look at other factors as well
https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/british-and-irish-citizens-claiming-benefits/

simonr1603

Thanks for the link _shel. It's interesting that the page says,

"If you've spent three months or more living or working abroad you could find yourself subject to the test when you return to the UK"

Seen as the time I spent abroad wasn't quite three full months do you think I would have a case to be excused from the HRT and thus classed as a returning resident?

[Deleted User]

Something you can argue or get the CAB to argue for you but you’d be cutting it fine. It was very almost 3 months.

Bananas123

hello.

i don't know 100% but turn2us also says 3 months+ of being away:

https://www.turn2us.org.uk/Benefit-guides/Habitual-Residence-Test/What-are-the-two-parts-of-the-Habitual-Residence-T#EEA%20job%20seekers

---

what i DO know though, is that "11 weeks" is NOT "3 months" (as should anybody, with access to a calculator AND a brain).

---

if you can prove you were away for less then (i.e. flight tickets) 3 months, and can confirm it is 3 months by ringing the appropriate DWP people.

then it means the "staff member" was talking nonsense.

it's very important to confirm from apropriate place about the limit (it is stated on "the internet" 3+ months though..... so doesn't apply to you if thats accurate).

my sincerest apologies from the moron you were speaking to.

sheramber

The test does not say 12 weeks. It says three months.

Are the dates of your absence three calendar months?

Bananas123

it's not that difficult.

even three feburarys.... for the sake of being facetious = 84 days.

In total I was there for 11 weeks and 4 days.

= 81.

...

.

.

simonr1603

Thanks for your replies everyone. Definitely going to argue this at the interview tomorrow. Exact dates were June 10 - Aug 29 which is 81 days.

TELLIT01

_shel wrote: »

Something you can argue or get the CAB to argue for you but you’d be cutting it fine. It was very almost 3 months.

Almost, or even 'very almost' doesn't come into it. It's either 3 months or it's less than 3 months. If less than 3 months absence HRT is not required.