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Claiming JSA while partner and a child applied for ILR Set(LR)

Questions and discussions about claiming benefits while living and working in the UK

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Alex666
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Joined: Mon Sep 28, 2020 4:10 pm

Claiming JSA while partner and a child applied for ILR Set(LR)

Post by Alex666 » Mon Sep 28, 2020 4:50 pm

Hi All,

I am a recent ILR Set(LR) holder and my wife and son submitted their applications for settlement with Set(LR). Also, we have a daughter who born in the UK and not yet applied for registeration/citizenship, so we have only UK birth certificate for her.

In two weeks my job contract is ending and because of the current situation my hunting for next job is not so successful. I have been working and paid NI for last 5.5 years so believe I am eglible to apply for JSA. The quenstions are:

1. If I claim benefit would it have negative impact on my wife and son's applications?
2. Is JSA is right benifit I can claim? if so, should I say I have two kids and my partner (who is full time mother) lives with me or not? Because in the application they ask these questions.
3. When should I apply?

Thanks,
Alex

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Claiming JSA while partner and a child applied for ILR Set(LR)

Post by JB007 » Tue Sep 29, 2020 7:27 am

Alex666 wrote:
Mon Sep 28, 2020 4:50 pm
I have been working and paid NI for last 5.5 years so believe I am eglible to apply for JSA.
...
1. If I claim benefit would it have negative impact on my wife and son's applications?
2. Is JSA is right benifit I can claim? if so, should I say I have two kids and my partner (who is full time mother) lives with me or not? Because in the application they ask these questions.
3. When should I apply?
New Stye JSA (used to be Contribution Based JSA) is for those who have beem an employee and paid Type 1 NI for the last two relevant tax years.
There is no extra benefit money for children or a spouse and your wife's salary and your savings, capitlal etc will not reduce this benefit amount. It's a benefit to help those who have been contribuing to the UK by paying Type 1 NIs who and have lost their job; the benefit money is only for them (for up to six months).
You will need to apply for this asap if you need the money now. Asking to backdate this as you had been looking for work but couldn't find a job, won't happen.
https://www.gov.uk/guidance/new-style-j ... ligibility



If you need low income benefits too, thenypu might be able to have Universal Credit.
People claim UC at the same time as NS JSA. NS JSA will reduce your UC payment pound for pound, but there are good reasons for doing this this way - see the above link. Plus NS JSA will give a Type 1 National Insurance Credit, while UC only gives a Type 3 NI Credit.

BUT, you need to be very careful when claiming UC becasue you cannot take extra publuc funds for your No Recourse to Public Funds wife. UC is a Public Fund, read this sticky and all the links in that sticky.
claiming-benefits/universal-credit-clai ... 02126.html

You can't backdate Universal Credit. UC is a monthly benefit, based on the amount you and your wife have coming in in your assessment period. If you haven't been paid your final salary yet, then it might be best to start your claim after you are paid if it will mean a £0 UC payment that month.

Be aware that extra money is being given to UC claimants atm due to Coved-19, but this is temporay and will end on 5 April 2021.

However, UC replaces 6 low inocome benefits and unlike most of those old benefits, Universal Credit requires both parents to earn a set amount each week. When your wife has ILR and can't have public funds for herself, she will be subject to this requirement to and her working requirment will be based on the age of your youngest child.
https://www.gov.uk/universal-credit/you ... sibilities

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Claiming JSA while partner and a child applied for ILR Set(LR)

Post by JB007 » Tue Sep 29, 2020 8:07 am

Council Tax Reduction is another benefit you have to make sure that you don't take extra money for your NRPF wife. This benefit is not part of Universal Credit and is applied for from your local council. Council benfit staff are not immigration experts and your wife must make sure she doesn't take public funds when you ask for public funds.

Council Tax is based on two people living in the property. If only person is liable for Council Tax, they can ask the council for the 25% Single Persoin discount (not a public fund).

e.g.
Two people live at the property and one is a full time student. The student does not pay council tax, therefore the other person is liable for 100% of the bill. They can ask for the 25% discount and the person who works is now liable for 75% of the council tax bill.

OR

Council Tax Reduction (a Public Fund) differs for each council

One person lives at the property and they claim Council Tax Reduction as they can have Public Funds.
For ease of calulation, say the bill is 100 a month and the CTR from that council is 20% (to be paid).

£100 - 25% single person discount = £75 a month.
20% of £75 per month = £15. (£15 a month to be paid by the claimant)

The Council Tax Reduction amount being given to the caimant is-
£75 - £15 = £60 a month.



IF A partner then moves in who is NRPF and who doesn't work/doesn't work much/doesn't have any savings or capital and the claimant still wants the Council Tax Reduction (public funds)

Council Tax bill f £100 a month.
No Single person 25% discount.

CTR of 20% on £100 is £20.

The Council Tax Reduction amount being given to the claimant is-
£100 - £20 = £80 a month. They are taking more CTR (public funds) for their NRPF partner.

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Claiming JSA while partner and a child applied for ILR Set(LR)

Post by JB007 » Tue Sep 29, 2020 8:23 am

JB007 wrote:
Tue Sep 29, 2020 7:27 am
However, UC replaces 6 low inocome benefits and unlike most of those old benefits, Universal Credit requires both parents to earn a set amount each week. When your wife has ILR and can't have public funds for herself, she will be subject to this requirement to and her working requirment will be based on the age of your youngest child.
https://www.gov.uk/universal-credit/you ... sibilities
Typos.

When your wife has ILR and CAN have public funds for herself, she will be subject to this requirement too and her working requirement will be based on the age of your youngest child.

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