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Benefits for claimants in full service area but not entitled to UC?
Hello,
I’m a little stuck with this one so tapping into the wisdom of those more experienced than me!
My client is an EEA national who arrived in the country in 2013. He worked for 2 years on arrival but the last 2 years (mid-2015 till now) he has been working as an unpaid volunteer in a Missionary. He applied for Universal Credit but claim was rejected as he is a jobseeker.
What benefits would he be eligible for, if any? I looked into the new-style JSA but he hasn’t paid enough NIC.
Can he apply for legacy JSA in full service UC area if he is not eligible for UC?
Best,
Is he supported by a religious organisation?
His organisation is sort of helping him - his rent is £15pw because he is a missionary. But there no other financial support.
[ Edited: 22 May 2018 at 01:15 pm by MKM35 ]He won’t be able to claim income-based JSA - that is abolished when an area goes full service
He won’t be able to claim income-based JSA - that is abolished when an area goes full service
I understand it is abolished for claimants who are eligible for UC, but what about claimants who are not eligible for UC? If in full service but ineligible for UC, do claimants apply for new-style JSA or revert to legacy JSA?
EEA jobseekers are not diverted to alternative means tested benefits as a result of failing to qualify for UC. They don’t qualify for UC and cannot claim anything else:
- JSA(ib) because it is abolished as soon as you claim it as Daphne says;
- CTC because you cannot claim Tax Credits in a full service area
- all the rest because (i) they are abolished or new claims are barred in full service, and (ii) jobseekers cannot get them anyway irrespective of UC
Your client has one possible long shot at establishing a permanent right to reside: arguing that he was a worker while with the mission relying on the Steymann case. This would require him to show that he was carrying out work of economic value that was rewarded by board and very cheap accommodation. Depends whether the mission raised funds by offering services commercially to the general public.
It doesn’t matter that he is not entitled to UC or not, if he claims income-based JSA he abolishes it.
You need to be looking at whether he has a right to reside on any other grounds than as a jobseeker
Thank you everyone. I may be way off base here, but here’s what I found on https://www.gov.uk/guidance/new-style-jobseekers-allowance.
If you scroll to the bottom, the last sentence says:
If you’re not eligible to claim Universal Credit in your area, then you won’t be able to claim new style JSA. You may be able to claim contribution-based or income-based Jobseeker’s Allowance instead.
I cannot find any legislation that states this however. Just the gov website. Is that sufficient to apply for income based JSA?
Your client has one possible long shot at establishing a permanent right to reside: arguing that he was a worker while with the mission relying on the Steymann case. This would require him to show that he was carrying out work of economic value that was rewarded by board and very cheap accommodation. Depends whether the mission raised funds by offering services commercially to the general public.
He hasn’t been here for 5 years yet. Just over 4.5. But thank you, that’ll be very useful further on.
Thank you everyone. I may be way off base here, but here’s what I found on https://www.gov.uk/guidance/new-style-jobseekers-allowance.
If you scroll to the bottom, the last sentence says:
If you’re not eligible to claim Universal Credit in your area, then you won’t be able to claim new style JSA. You may be able to claim contribution-based or income-based Jobseeker’s Allowance instead.
I cannot find any legislation that states this however. Just the gov website. Is that sufficient to apply for income based JSA?
The text you’re quoting from gov.uk only applies in areas that aren’t full service.
The text you’re quoting from gov.uk only applies in areas that aren’t full service.
Is there a legislation/ other website that conclusively states so?
I have been unable to find anything that confirms (or denies) that the website quoted is applicable only in gateway areas.
The text you’re quoting from gov.uk only applies in areas that aren’t full service.
Is there a legislation/ other website that conclusively states so?
I have been unable to find anything that confirms (or denies) that the website quoted is applicable only in gateway areas.
This is direct C&P from the website
If you don’t live in a Universal Credit full service area
If you don’t live in a Universal Credit full service area, you can claim new style JSA by calling:
Telephone: 0800 328 9344
Textphone: 0800 328 1344
Monday to Friday, 8am to 6pm
Find out about call charges
If you’re not eligible to claim Universal Credit in your area, then you won’t be able to claim new style JSA. You may be able to claim contribution-based or income-based Jobseeker’s Allowance instead.
So the text only applies to live service areas, not full service, so the advice others have posted applies to your client.
I was surprised too when I first heard about it. My understanding was that legacy benefits were replaced by UC in full service areas.
But, as it turns out, claiming income based JSA is a possibility in full service areas - under very limited circumstances of course, but the client appears to fit in those!
Will request clarity and information from DWP.
You can only claim income-based JSA in a full service area if you have 3+ kids
read Paul’s reply again - i know it’s hot, always makes my brain slow down
I have seen a number of these cases where clients have been directed to claim income based JSA having been refused UC but I have yet to see one in which this has resulted in the claimant receiving any actual payment of benefit. There simply isn’t a legal mechanism to enable payment to be made in these circumstances.
If your client is successful in getting some sort of payment through this route, I think we would all be very interested.
There simply isn’t a legal mechanism to enable payment to be made in these circumstances.
Thank you Elliot for taking the time to understand and clearly address my query.
My initial understanding was that legacy benefits are no longer available in full service areas as well. But, some colleagues have suggested that we try applying for IR JSA because UC eligibility criteria don’t apply to the client. Under JSA rules (and I have a highly limited understanding of it) he would have been eligible for 3 months of JSA as a job seeker at the end of which it will be evaluated if he has genuine prospects of work. Is there a similar rule for UC?
It’s just a technicality, but given that there are constant errors in implementing UC, perhaps this is something that has been overlooked?
I was hoping to find someone who has had a similar experience - or at least seen such a case, so this really helps. Thanks again.