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Partner and 3 month wait for income-based JSA, HB?

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

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Lawstudent101
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Joined: Mon Apr 05, 2010 7:45 pm

Partner and 3 month wait for income-based JSA, HB?

Post by Lawstudent101 » Mon Apr 05, 2010 7:51 pm

Dear all,
I read the sticky at the top of the forum but I found it difficult to understand and so I'm posting this topic. If this has been answered elsewhere I apologise in advance.

My boyfriend is a Norwegian national (i.e. from the EEA) and moved to the UK in August 2008 to live with me and to work. For the first 9 months while jobhunting he supported himself from savings. He was hired in May 2009 but in October 2009 had to leave due to ill health (he was hospitalised and later diagnosed with diabetes). At this point, I moved out and no longer live with him (because we had no money to support the two of us, so I went back to my parents.)

With the help of his parents and mine he continued to support himself until 16th January 2010 when he applied for income-assessed Jobseekers Allowance, Housing Benefit and Council Tax Benefit at the JobCentrePlus in Sheffield. He was given an interview date and had his application checked over by an advisor who said the payments would be backdated from 1st Feb 2010 for the Jobseekers and Housing benefit and who approved the council tax benefit immediately.

Since then he has returned to the JobCentre many times but has always been told that the application was still being processed. About a month ago he procured an appointment with a specialist advisor who told him that his previous employer had registered his leaving them as voluntary rather than due to ill health and that in order to be eligible he would need a doctor's note confirming his illness and that he could not work at that time, which he got. Since then there has been no progress with his application and he is entirely dependant on my student loan (I don't even live with him) and some payments from my parents (which they are not able to make any more) to survive. The money has now basically run out.

I am concerned because I seem to remember from EU law last semester that after losing your job involuntarily you have 6 months right to reside in the UK before they can deport you which can be extended if you are likely to be employed. When he applied in January he had 3 months left but because they're dragging their heels on his application his 6 months are up. I'm worried that they're deliberately delaying the application so that they don't have to give him anything and that he'll have to be deported.

As regards the likely employment aspect he is very well qualified, with a bachelors in Philosophy and a masters in Law from Norwegian universities, but he never seems to get interviews for anything! He is now fit and well to work.

What I wanted to know is am I right about the 6 months grace period? What can he do to help his case along? And do you know of any organisations he could contact to argue his case? When he goes to the JobCentre he sees an advisor who is handling his case but she always says that the application has not been approved centrally yet and there's nothing they can do until then. I just think that three months is ridiculous.

I thank you greatly for any advice you can give and for your time in reading this.
Louise

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