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contribution based Jobseekers Allowance and habitual residence
I have a client who is British has lived in Britain all her life and has worked paying NI contributions from 2006 to Nov 2013. In November 2013 (following the end of a temporary contract at work) she decided to go to Australia on a gap year and has now returned to the UK. She was living with her parents who are both workers and has returned to the family home.
She has claimed and been refused JSA because she has been absent from the CTA for longer than 4 weeks so has been informed that she has to wait 3 months to claim JSA.
My understanding from DWP guidance and advice is that they are treating her as not habitually resident however she is looking to claim JSA(cb) not JSA(ir) and I believe that JSA cb is not subject to the hab res rules so she should be entitled to claim.
She attended the jobcentre yesterday where 3 separate people advised her she couldn’t claim even though she told them it was JSA cb she wanted to claim and a decision would be sent.
Before I advise her to claim again please can someone confirm that this she does not have to be in country 3 months before claiming a contribution based benefit. Obviously a backdating request will be made assuming their decision is not correct.
It doesn’t look like it. I’m looking at CPAG pp.692-3 and there is nothing about residence there beyond “you are in Great Britain”. p.46 states additional rules for ibJSA, which does indeed include habitual residence.
Contributory JSA only has a presence requirement.
The ‘living in’ the CTA for 3 months requirement is an element of the habitual residence test and as such applies to income related JSA only. I’d suggest a Mandatory Recon of the original decision.