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Housing benefit for EEA nationals on JSA claiming after 1 April 2014

Sue123
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EEA Family Support, Children's Centre Calderdale

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Hi, I know there is a new rule for EEA nationals, who make a claim for JSA now, they are not entitled to Housing Benefit.
However I have seen quite a few people who made a claim for JSA in the last few months and they are getting Housing Benefit, so I am really confused.
How is it possible for some to get HB and for some not to get it?
thank you

SamW
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Lambeth Every Pound Counts

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Put very simply the new rules re HB only limit entitlement for people whose only right to reside is as a jobseeker, Any EEA national with an alternative right to reside (e.g. involuntarily unemployed and retaining worker status, family members of workers, derived rights from children in education, permanent right to reside etc) should have no problem with claiming HB whilst on JSA, and also should not be subject to the GPOW tests.

CHC
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Welfare rights team - St Mungo's Broadway

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My understanding is that those who retain worker status while involuntarily unemployed are still subject to the GPOW - Memo DMG 15/14, so could lose their HB if their JSA ends after failing this test.

Sue123
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EEA Family Support, Children's Centre Calderdale

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Thank you, I think I need to look into this in more detail and find out the exact circumstances. I am not sure what the circumstances are of the people who get HB and those who don’t. All I know is that my clients are coming to me saying why they are not entitled and then I see clients who make a new claim for JSA and they get HB while I know, based on the new rules, they shouldn’t be entitled.
thank you

SamW
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Lambeth Every Pound Counts

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Sue3131 - 27 May 2015 12:47 PM

Thank you, I think I need to look into this in more detail and find out the exact circumstances. I am not sure what the circumstances are of the people who get HB and those who don’t. All I know is that my clients are coming to me saying why they are not entitled and then I see clients who make a new claim for JSA and they get HB while I know, based on the new rules, they shouldn’t be entitled.
thank you

The problem is that the new rules are not as simple as “EEA nationals on JSA can’t get HB”

Some of the people you see whose HB has been stopped will have had it stopped correctly - their only RtR is as a Jobseeker and they don’t have any transitional protection.

Some of the people will have had their HB stopped incorrectly - they either should have transitional protection as they were already on JSA/HB before 31.3.14 and no new claims/reclaims or they have another RtR as well as being a jobseeker.

Some of the people you see will be on HB correctly as above - despite being on JSA they either have transitional protection or they have another RtR.

Some of the people you see may be being overpaid HB if the Housing Benefit department are not on the ball about the changes.

I have found that even before the recent changes the RtR rules are complex enough (and fact specific enough) that there are very few ‘general rules’ that you can automatically apply to all your clients. I find that the only way to deal with EEA nationals is to go through the RtR rules (I use the CPAG handbook section on this) step by step each time to see how they apply to clients.