Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder gooseygander75 Novitiate

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    Default Jsa Claim When Partners Working

    Hi there,

    My freinds husband has just been laid off, and he is wondering if he would be able to claim JSA even though his wife is working 16hrs a week (sometimes she does less). They have 4 kids and get child benifit and tax credits.

    Thanks


  2. #2
    Basic Account Holder Aviva Informative Aviva Informative Aviva Informative

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    Default Re: Jsa Claim When Partners Working

    He will be able to claim for contributionicon based JSA not matter what his partner is earning, etc.

    If he does not have enough contributions to get this or is still unemployed after the 6 months entitlement is up then I think if his partner is working less than 24 hours per week he can claim for income based JSA.


  3. #3
    Site Team antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone's Avatar

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    Default Re: Jsa Claim When Partners Working

    Quote Originally Posted by Aviva View Post
    He will be able to claim for contributionicon based JSA not matter what his partner is earning, etc.

    If he does not have enough contributions to get this or is still unemployed after the 6 months entitlement is up then I think if his partner is working less than 24 hours per week he can claim for income based JSA.
    Yes, he can. Any amount he received would take his partner's wages into account, if he were to claim income-based JSA.


  4. #4
    Basic Account Holder gitanes Novitiate

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    Default Re: Jsa Claim When Partners Working

    Hi all--my partner is claiming single jsa--I work 35hrs a week if I stayed at her place regularly during the week instead of mine would this skewer her claim as benefits might say we were living together as a married couple? What are the rules?


  5. #5
    Site Team antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone's Avatar

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    Default Re: Jsa Claim When Partners Working

    Quote Originally Posted by gitanes View Post
    Hi all--my partner is claiming single jsa--I work 35hrs a week if I stayed at her place regularly during the week instead of mine would this skewer her claim as benefits might say we were living together as a married couple? What are the rules?
    It's hard to say. The issue is whether or not you are "living together as husband and wife" (LTAHAW) and this term is not defined in law. If a decision became necessary (say, if she reports a change to the DWP, or if it is reported for her by an, er, "public spirited" neighbour) then the case would be passed to a Decision Maker to be looked at on an individual basis.

    Here's a link to a DWP Decision Makers' Guide on the subject. The gist of it is "do you act like a married couple?" For example, do you maintain another residence? Are your finances interlinked - joint bank accounts or loans, perhaps? Would friends and neighbours see you as a couple living together, and do you present yourselves that way?

    It's only an issue if her claim is for income-based JSA. If she claims the contributionicon-based benefit, your working hours or income would not be a concern, at least, not until her contributions exhaust and she has to claim JSA(IB).


  6. #6
    Basic Account Holder gitanes Novitiate

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    Default Re: Jsa Claim When Partners Working

    Thanks Antone--very good reply--there is a VERY public spirited neighbour nearby. I do have a house where I pay my own bills (mortgageicon Utilities Council tax etc ) so does she on her home. Credit cards are additional cardholder--bank a/cs seperate. Mmm thought Partners where meant to act like a married couple these days--whats the difference? views pls. Will have a look at the `Descision Makers`now,sounds like a good read--but scary. Gitanes


  7. #7
    Basic Account Holder gitanes Novitiate

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    Default Re: Jsa Claim When Partners Working

    Quote Originally Posted by gitanes View Post
    Thanks Antone--very good reply--there is a VERY public spirited neighbour nearby. I do have a house where I pay my own bills (mortgageicon Utilities Council tax etc ) so does she on her home. Credit cards are additional cardholder--bank a/cs seperate. Mmm thought Partners where meant to act like a married couple these days--whats the difference? views pls. Will have a look at the `Descision Makers`now,sounds like a good read--but scary. Gitanes
    Hi-------
    Have just read the D makers--I would say it answers it all,I would say most couples what be found Guilty. Thanks for posting it.


  8. #8
    Basic Account Holder steve1964 Novitiate

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    Default Re: Jsa Claim When Partners Working

    i had worked for 30 years as a senior manager and was made redundanticon in december . i was on contributionicon jsa but that came to an end last week, I applied for income based jobseekers and received a letter saying i could not get it because my partner works 23 hours per week ( 2 part time jobs) and earns 140 per week from them term time only. i explained i took a mortgageicon protection insurance whilst working and if i am not on benefits it becomes void ! the job centre plus advisor said that isnt her problem. I asked if there was something in place for helping with mortgages and was told no cos i was not eligible for benefits although i tried to explain that my partner only works term time and anyway how can we pay a mortgageicon of 725 per month and all the bills and food etc and clothes and bring up 2 kids on 140 per week term time. i was gobsmacked when the advisor said ' well maybe that will be another good repossesion property to bid for ' and then put the phone down on me ! has anyone got any advise how i can get help with my mortgage or have i just got to accept a probable repossesion cos the stress of this is making us really ill now


  9. #9
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    Default Re: Jsa Claim When Partners Working

    Er, it's not just the 140 you get. You also get child benefit and child tax credits. So, you're not bringing up 2 children on 140 per week.


  10. #10
    Basic Account Holder steve1964 Novitiate

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    Default Re: Jsa Claim When Partners Working

    yeah we get 10 per week tax credits and the child benefit is what i says to feed the kids , the point im making is howcome people get all their rent paid when unemployed and people get help with their mortgages but i and my partner have always worked since leaving school and this is the first time we have ever needed help from anyone and there doesnt seem to be any , oh and we have enough stress as it is with my son just getting over a tumour


  11. #11
    Basic Account Holder Kitten1 Novitiate

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    Default Re: Jsa Claim When Partners Working

    If you are living on your wifes income then speak to tax credits as you may be entitled to more.

    Also, make an appt with cab benefits advisor.


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    Default Re: Jsa Claim When Partners Working

    You may also get some help with council tax. I don't know how it all works; but I'm sure there's something about an underlying entitlement to JSA, therefore, support with mortgageicon interesticon.



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