Can anyone please direct me to the right direction

I am looking for a caselaw , How/where to find them

JSA Schedule 5 Para 13 A

Thanks

it looks like you're looking for the regulations, rather than caselaw ...

on the internet, you can find consolidated (ie updated) copies of the benefit regs via the DWP site @

http://www.dwp.gov.uk/publications/specialist-guides/law-volumes/the-law-relating-to-social-security/

(for future reference there's a link to that page from rightsnet toolkit too)

for the jsa regs you need to click on 'list of statutory intruments' and then navigate to statutory instrument number 207 of 1996 ...

... youll then find the schedule you're looking for @ http://www.dwp.gov.uk/docs/a11_4269.PDF

or ..... if you are looking for caselaw about that particular regulation (which i think relates to partners of people subject to immigration control) .... maybe, if you could give us some more info about your case?

Thanks Shawn

My client's partner is on 2 years Marriage Visa before she can apply for ILR (Indefinite Leave to Remain), he lost his job recently and was advised by JCP that he should claim IB-JSA as a couple even though he informed them that his wife has a Visa with No Recourse to Public funds.

They have been awarded IB-JSA as a couple and they informed him that because of his contributions she can claim too and it will not jeopardise her immigration status when she applies to extend her Visa, which I am pretty sure it will.

I have contacted JCP and they would not listen to me, so all I want is to send them a caselaw about it.

Has a decision been made, and if so what are they being paid?

Your clients can claim as a couple, indeed he can't claim as a single person, because any resources his partner may have must be takien into account. So, merely MAKING the claim as a couple won't endanger her immgration status.

But their applicable amount should be the same as his would be as a single person. (Which is what para 13A says). If, as I think, he is entitled to CB JSA then that means that he won't be entitled to any IB JSA because his income will be the same as his applicable amount (unless they have any housing costs or he is entitled to any premia)

It's not clear what JC+ have paid them, if anything. Obviously his contributions make no difference to their entitlemetn of IB JSA whether 13A is used or not! If they have paid them IB JSA based on a couple's personal allowance then they've been overpaid. I think I'd be inclined to the view that:

a) This is not a recoverable overpayment, as it is not due to any misrepresentation or failure to disclose on your clients' part.

and

b) An overpayment of benefit in these circumstances (the failure of the DWP to apply their own regs!) is not public funds.

But I think they should seek the advice of an immigration adviser as to whether it would be wiser to re-pay any overpayment regardless of its recoverabiilty in order not to jeopardise her leave application.

I don't think that there is any caselaw because the regs are so clear. I'd suggest that if they have been overpaid you write pointing this out and asking JC+ to revise their decision asap, but I wonder whether this isn't a confusion over the distinction between claiming as a couple and being paid using the couple's personal allowance.