Benefit entitlement after being out of UK for 12 weeks

John72

My situation is that up until September I was claiming JSA and only receiving NI contributions (and nothing else)

I then has an opportunity for a 6 week contract working in Vietnam after which I took a six week holiday in Vietnam with the hope of another six week contract of work, which ultimately did not happen, I then returned to UK exactly 12 weeks after departing.

I submitted a claim for JSA with the intention of resuming claim for NI contributions. However, after making appointment at Jobcentre and tuning up I was told that appointment had been cancelled as I was not eligible due to being out of UK for 12 weeks. I was told that I would have to wait another 12 weeks before I could claim. If that was the case, I had entered the dates I was out of UK when submitting online JSA application, surely that should have flagged there and then that I was not eligible??

I ended up speaking to two members of staff while I was at the jobcentre.... one person was quite helpful and the other was quite unpleasant. The nice guy suggested that I may be eligible to claim UC even after being out of the UK for 12 weeks, however, the other person dismissed this and said to come back in three months time and couldn't understand why I even bothered claiming just for NI contributions.

Does anyone have any thoughts on this?? It seems a bit perverse, that I was always getting hassle for not having a job and when I did have been ultimately penalised for it.

konark

Yes the Habitual Residency Test (HRT) is a thing which trips up a lot of returning British citizens but it is a 3 months limit, for being out of the country which is actually 13 weeks so you should not need to pass the test, and remember the day you left and returned aren't counted.

Press on with your claim which will be either JSA OR UC , depending on area. Most JC staff are not experts in this area of benefit law and you should return and speak with someone more senior..

Don't give them the impression that you're just back in the country temporarily and are gonna shoot off abroad again at the earliest chance!

John72

Thanks for reply.

Any idea where there is a reference to the 13 weeks that you refer to??

I was quite shocked at the way I was treated when I went to Jobcentre. First I was told that anyone going out of the country for between 4 to 6 weeks were ineligible for benefits for a period of three months. When I asked for clarification I was then told twelve weeks.

I shall pursue this. I'm in a fortunate position where I am really not hard up for the NI contributions, but I really, really cannot stand being bullied and intimidated by JC staff.

p00hsticks

John72 wrote: »

Thanks for reply.

Any idea where there is a reference to the 13 weeks that you refer to??

It's actually 'three months'
https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/british-and-irish-citizens-claiming-benefits/

Catnip_63

If you are only claiming NI conts I'm not sure if you even need to do HRT, isn't that only for income based benefits? If you do need to continue with HRT I would advise you do that as looks like you would pass. The decision is not made by JCP staff but by an HRT decision maker

TELLIT01

Catnip_63 wrote: »

If you are only claiming NI conts I'm not sure if you even need to do HRT, isn't that only for income based benefits? If you do need to continue with HRT I would advise you do that as looks like you would pass. The decision is not made by JCP staff but by an HRT decision maker

It certainly used to be correct that HRT was not required for Conts only claims. I get the impression that many staff are now totally confused by the changes to rules and entitlement under UC. That's no excuse, but does indicate inadequate training.
As for the JCP staff member not understanding why anybody would bother claiming NI credits - yet another example of lack of training and/or understanding.
The OP certainly needs to push to get the situation resolved with accurate information.