Hi all,

I have clients, one of which is a returning UK national, and the other is his german-born fiancee. They have returned to the UK, from Germany, and made a joint claim to JSA(IB). His claim was allowed, but hers was disallowed on the basis of the habitual residence test.

Can anyone clarify for me in the case of a joint claim, if the hab res test applies to just the claimant, or to his partner as well? Any case law etc would be great.

Thanks.

Lee

hi Big Lee,

under Reg 3E(1), 2(d) JSA Regs,if you are a member of a joint claim couple and you satisfy all the rules for getting income based JSA, you qualify for JSA even though your partner is not habitually resident (your entitlement being calculated in the normal manner).