Claiming JSA and HB

[Kuchiness]

Hello everyone,

I'm new to the forum and looking for some basic answers if there is any!
I'm a British Citizen and my husband just got his first 30 months spouse visa with NO recourse to public funds. We don't have any children and I'm not working. He works from home and on a low income.

My questions as follows:

1. Will I be able to apply for income based job seekers allowance for myself ( single persons rate)?
2. Will I be able get housing benefit, again for single persons rate and not getting anything extra for my husband?

I've read so much about this but still confused. Some say I'm entitled to public funds in my own right and some say since I'm the sponsor if my spouse, I have to support my spouse wit house relying on public funds. Which one is true?


Thank you in advance.

[Amber]

Which Country is your spouse native?

[Kuchiness]

Hi Amber,

My spouse is Palestinian, so he cannot claim anything and he doesn't intend to. It's just me who is jobless and intending to get temporary help until I find a job.

Thanks

[Amber]

So long as they're single person amounts. However, that will be subject to his income.

[Kuchiness]

Thanks Amber,

But may I ask, if I'm married how can I apply for JSA( income based) for single person's allowance? As far as I know if I'm married I have to make a joint application and I automatically receive couple's allowance. Is this the case?

[Amber]

No, you make a joint claim and a single person amount should be paid. However, for IB-JSA, his income would have to be very low indeed. Have you considered Working Tax Credits (joint claim) if you're eligible?

[Kuchiness]

Well, I'm not sure if we are eligible for WTC. He works from home and like 1 day per week at the moment and that is for his client abroad. He is looking for a job in the UK like me.

[Kuchiness]

I forgot to mention one important point. I'm the British citizen wife of my non-EEA husband and I'm also his SPONSOR. Do you think this will be an issue for applying HB?

By the time I submit an application my savings will be well under £16000.

Thanks

[Amber]

No, but savings over £6000 will reduce income based benefits and entitlement will cease if savings are £16000 or more.

[Kuchiness]

Thanks Amber, I'm aware of the fact that the benefit rate would be reduced depending on the size of the savings. I found the following on www.visaligic.net website. What do you think about point no 4? I would appreciate your opinion please.

Spouse visa requirements:

To qualify for a UK spouse / marriage visa you must satisfy the following requirements:

1.You and your spouse must be 18 years old or over.
2.You must have met each other and be legally married - this is to prevent arranged marriages.
3.You must intend to live together permanently.
4.You must have enough money to support yourselves (and any dependents) without claiming public funds.
5.Your sponsoring partner must earn more than £18,600 per year or have enough savings to be able to sponsor you. The minimum financial requirement is higher if they are also sponsoring dependant children.
6.You must have suitable accommodation for you, your spouse and any dependants.
7.You must satisfy the English language requirements.

[Amber]

It doesn't matter about the Financial requirement until you come to renew the leave. You must then meet it again. So far as the income based benefits are paying a single person applicable amount then it's not a breach of point 4.

[Kuchiness]

Thank you for your prompt response. It's more clear now.

[Kuchiness]

Hi Amber,

I have another question if you can help please,

My husband ( subject to immigration control) is waiting for his
NI number and not working in the Uk. ( he does part time work for his old overseas employer). Do you think I will still be able to claim Income based JSA and Housing Benefit without him having NI number( I know I should get the single person's rate and I will declare that), and tell the council I will submit the number when it arrives( not sure when though).

Thank you

[Amber]

It should be a joint claim for both but only paying a single person applicable amount. What Country is your partner native?

[Kuchiness]

Hi Amber, we have actually discussed this earlier in the thread, he is Palestinian. My question is now that he doesn't have an national insurance number( not yet), can I still apply and get the benefits without it and submit later on?

Thank you

[Amber]

Sorry, of course we did, I'm on mobile device so not as easy to scroll down. Yes you should be able to apply. However, a NI number should only take a week.

[Kuchiness]

Not a problem, thank you for your quick response. I'll get on with these applications next week and keep you posted.

Thanks again

[paulfish]

Hi,

I understood that if a couple with one partner is subject to immigration and the other is British citizen they would apply jointly but only receive single entitlement. But what if they have British citizen children?? would they be able to receive the full amount as couple and not single just like the work tax credit if they have children? if yes could you please point me to the reference?

Thanks