Class 1 NI Contributions from JobCentre- Is this public fund

Hi there, my wife's recent contributions based JSA application was rejected and the reason stated in the letter was:

"We cannot pay you because you have not paid, or been credited with, enough Class 1 National Insurance Contributions. We have used the tax years ending 5 April 2008 and 5 April 2009 to assess you claim".

Fair enough, as the 'relevant tax years' to eligible for Contributions based JSA were misunderstood by us and also the JobCentre telephone advisor gave the wrong info.

Anyways, she is not eligible for contributions based JSA, which is fine.

But the letter also states:

"We may still credit you with Class 1 National Insurance contributions if you continue to attend the jobcentre".

I am on Tier-1 General and my wife is a Tier-1 dependant. Either me or her have 'no recourse to public funds' - which we completely understand.

But are the "Class 1 NI Contributions from JobCentre" as public fund. I really feel it is a public fund, but could not find any information on this on the internet.

Also, JobCentre officials are really confused while dealing with a Contributions based JSA application from immigrants. Initially, my wife was sent back by saying that contributions based JSA is a public fund. After explaining that it is infact not a public fund and depends on individual's NI contributions in 'relevant tax years' the application was processed.

Mods, Experienced Members - Kindly suggest if someone know whether Class 1 National Insurance contributions from JobCentre is a public fund or not.

We don't want to unknowingly do anything which breaches any immigration conditions and effects eligibility for ILR.

Thanks.......

are the "Class 1 NI Contributions from JobCentre" as public fund. I really feel it is a public fund, but could not find any information on this on the internet.

You could not find it simply because it is not within the definition of Public Funds, as in para 6 of the Immigration Rules.

JobCentre officials are really confused while dealing with a Contributions based JSA application from immigrants. Initially, my wife was sent back by saying that contributions based JSA is a public fund. After explaining that it is infact not a public fund and depends on individual's NI contributions in 'relevant tax years' the application was processed.

I am not at all surprised!

Thank you John!!

How can I find out more information on this?

Should I write to UKBA about this OR to JobCentre Plus?

What more information do you need? The fact is that the definition of Public Funds as in para 6 of the Immigration Rules does not claim to be a list of every possible benefit that could be paid by the UK Government. In particular the definition includes nothing that is contribution-based.

So what is actually happening here is that your wife is claiming contribution-based JSA, but because of insufficient contributions being paid she is getting £0 cash benefit. However that does not stop her NI contributions being credited.

So against that background, and the Immigration Rules being readily available on the UKBA website, why would you need to write to UKBA?