HRT fail

[Daniel Mizrachi]

Hi, my name is Daniel,
I arrived to London with a German passport in November 2013,
I applied for JSA in December 2013,
I failed my HRT, but kept attending the job centre until I found a job in March 2014.
Since then I'm still working and living in London.
I asked for reconsideration of the HRT and appeal the decision but nothing happen.
Lately, I found out I failed because of the "3 months rule".
Is it justified and can I do anything about it?
Thank you.

[CR001]

No there is nothing you can do about it. They are the rules for claiming JSA/benefits is that you have to be habitually resident for at least 3 months.

The 3 month rule/HRT test applies to British citizens who return from overseas after a long absence too, not just EU citizens.

[Daniel Mizrachi]

Thank you.
I still have 2 questions:
1. Since when is this "3 months rule"?
2. I was attending the JCP until the end of March 2014, so at that point I was in the country for 4 months already. Can I get benefits at least for the extra month?

[CR001]

1. It has been in place for a while already, much longer than a year/year and a half.

2. I doubt that they will be able to backdate benefits to when you arrived in the UK, especially if you are now working. They are unlikely to consider your application for 1 month of benefits which is not a lot of money.

Why do you want to try get JSA benefits from over a year ago for one month?

[Daniel Mizrachi]

1. It has been in place for a while already, much longer than a year/year and a half.

2. I doubt that they will be able to backdate benefits to when you arrived in the UK, especially if you are now working. They are unlikely to consider your application for 1 month of benefits which is not a lot of money.

Why do you want to try get JSA benefits from over a year ago for one month?

1. Weird. Before I came to the UK, I checked and I didn't encounter this rule.
2. Shame.

Because it still money.
Also, I spent so much time and money making the applications and all the procedures, going to the JCP every time and so many phone calls.
Instead of getting money while unemployed from benefits, I lost money. It bothers me.

[Wanderer]

Wouldn't you have got German benefits for three months after relocating?

[Daniel Mizrachi]

Wouldn't you have got German benefits for three months after relocating?

I have no idea.
I never spent a day in Germany.

[Wanderer]

Wouldn't you have got German benefits for three months after relocating?

I have no idea.
I never spent a day in Germany.

Arrghh, drip feeding info!!!!!

So you came from outside EU? There's no way you'd get benefits initially, that gravy train ended year ago......

[Daniel Mizrachi]

Wouldn't you have got German benefits for three months after relocating?

I have no idea.
I never spent a day in Germany.

Arrghh, drip feeding info!!!!!

So you came from outside EU? There's no way you'd get benefits initially, that gravy train ended year ago......

1. I was born and raised in Israel. But I also have German citizenship.
2. Where was this "gravy train"? I really didn't spot anything close to it. maybe it was on strike.
3. But i'm here more than a year.

[Petaltop]

1. It has been in place for a while already, much longer than a year/year and a half.

2. I doubt that they will be able to backdate benefits to when you arrived in the UK, especially if you are now working. They are unlikely to consider your application for 1 month of benefits which is not a lot of money.

Why do you want to try get JSA benefits from over a year ago for one month?

1. Weird. Before I came to the UK, I checked and I didn't encounter this rule.
2. Shame.

Because it still money.
Also, I spent so much time and money making the applications and all the procedures, going to the JCP every time and so many phone calls.
Instead of getting money while unemployed from benefits, I lost money. It bothers me.

1. Why did you think the UK would give you benefits when you arrived?

2. You haven't lost money from the UK as they won't pay for you. You should have been claiming unemployment benefits from your own country, Israel, while you looked for work abroad. If your country wouldn't pay for you then you needed to arrive with your own savings to pay for everything until you found work. The UK give EU jobseekers 6 months to find work and after that they lose their right to reside in the UK as a jobseeker qualified person under treaty rights.