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Can he claim anything, advoce needed please.


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Can anyone advise please, I wondered if anyone has been in a similar position.

 

My sisters son is in the Territorial Army. As such he is employed but only gauranteed a minimum of 2 days work a week. Occasionally he gets more and sometimes has a full week in but his take home is only averaging between 300-400 a month. He lives with my sister but cant afford to give her rent and because he is family he isnt able to claim anything towards his rent ( his mate lodges with a family friend and gets his rent paid) The problem is that things are getting tighter and whilst she dosnt want to ask him to leave it is putting a strain on her financially. He cant even get another job to do alongside his TA because he never knows what hours he will be working, he can be called in the morning and have to go in straight away. Are there any benefits he would be able to claim?, he isnt on a living wage but its difficult because he earns different each week and only gets paid monthly. If he came to live with me he could claim his rent and it just dosnt seem fair,

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I would get your nephew to speak to the AWS and get them to give advice on benefits etc.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Why the AWS?

I thought the auxilliary womens service was like the NAAfi and they dished out tea and sarnies from mobile trailers. :)

 

I can't see why he is not entitled to benefits just because he is living with his aunty. She is not responsible for him like parents, bothers and sisters are so he is in all intents and purposes a lodger surely.

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Thanks for the replies. I think you have misunderstood my post Conniff. He is living with his mum, thats why he cant get help. If he was to move in with anyone else he would get housing benefit. Even though they are struggling to make ends meet she can hardly throw him out:(

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Would really suggest contacting the AWS - they have great experience of this sort of thing and like to look after their own.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Perhaps I should point out also that he is 28 so should not really be a responsibility to my sis. He is due to go to Afghanistan in October so theres no point in him trying to move out at the moment anyway.

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My brother and sister-in-law both work for AWS out in Germany and it was actually their advice, not mine, so I can't take the credit for this one.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Why thank you :o If he doesn't get anywhere, let us know.

 

Has he applied for tax credits at all?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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To be honest he hasnt applied for anything yet. He tried to see what he could claim when he wasnt working but because he lives at his mums it was job seekers allowance only. I suppose on the face of it he earns enough to live on as he now has more coming in than he had on the JS allowance. Thats fine but its not enough to be able to make a contribution at home in terms of paying a decent rent. I know sis is struggling and if he wasnt living at home she would be looking to rent out his room anyway.

He dosnt run a car or pay for fancy clothes and he does try to give her some money at the beginning of the month when he gets paid, but then his money dosnt last the month and he ends up borrowing it back. He would be better off if he was not doing the TA work but hes very keen to work his way up there and they are doing so much for him in terms of training. He loves it.

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Why is he only guaranteed 2-3 days work per week? He is entitled to hold a full time job just the same as anyone else.

 

His employer would be financially compensated should he need to be deployed.

 

Taken from the TA Website

 

Employers' Financial Assistance

 

Within this form of service provision exists for employers to receive financial assistance in order to make good unavoidable costs due to a member of staff serving on limited operations. Employment must be kept open for the employee as required by the

Safeguard of Employment Act 1985.

 

An additional training award also reimburses the employer for certain training costs when

the employee returns to his/her job.

 

Mobilisation - Financial Assistance

 

The Regulations governing the payment of Employee Financial Assistance changed on

14 April 2005. Statutory Instrument 859, The Reserve Forces (Call-out and Recall)

(Financial Assistance) Regulations 2005 was introduced to replace the existing

regulations, Statutory Instrument 309. These Regulations give MoD authority to

reimburse actual additional cost incurred. We have no authority to reimburse estimated

loss of profit, productivity or income.

The assistance available is split into the following categories:

• Non-recurring costs of advertising or agency fees for recruiting a replacement.

There is no limit on this.

• The extra cost over and above the reservist’s salary for paying a temporary

replacement while s/he is mobilised, up to £110 a day (this is around £40,000 a

year)

• The cost of any retraining needed on demobilisation as a result of his/her absence.

There is no limit on this.

This should ease the pressure on employers, and help reduce some concerns about

mobilisation. There is more information at SaBRE - Support for Britain's Reservists and Employers.

 

 

from the SaBRE website linked above.

 

Can my employer object to my being a Reservist?

 

Under the Reserve Forces (Safeguard of Employment) Act 1985, your employer cannot terminate your employment without your consent solely or mainly because you are liable to be mobilised. If your employer is unhappy about your being a Reservist, talking to them about the unique skills and qualities that you develop in the Volunteer Reserve Forces could help to change their mind. You can also ask for help from your Unit. It is the role of the Unit Employer Support Officer to encourage your employer to be as supportive as possible.

 

Most employers welcome reservists as they have discpline and are well trained.

 

I would get him to ask his employers for full time employment or as poppynurse stated maybe he will consider a full time career in the Army.

 

Personally I have worked with many reservists when I served with the Army and they are no different and are treated equally with their regular counterparts.

 

I feel his employer is being unfair and isn't up with the information available and may be opening themselves up for discrimination.

 

Look at the Army website => British Army Structure => Territorial Army for further information.

 

 

Regards

 

JC

Regards

Edited by jannercobbler
More info added.

If my posts have helped you please use the scales at the top of my posts :)

 

Any opinions from Jannercobbler are strictly my own and I have no affiliation with any group or services.

 

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duplicated post

If my posts have helped you please use the scales at the top of my posts :)

 

Any opinions from Jannercobbler are strictly my own and I have no affiliation with any group or services.

 

The two most beautiful words in the English Language are "Cheque Enclosed" - Dorothy Parker

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/399-abbey-letter-sent.html

 

Me v Abbey - £3000 + Int + Costs + Credit File Cleaned.

 

LBA Sent 12/3/06

Court Claim started - 31/5/2006

Allocation Questionnaire Filed - 24/7/06

Court Date allocated 31/10/2006

 

Me v Citi-Cards - CCA Sent 27/07/06

Me v Citi-Cards - Data Protection Act Sent 03/08/06

Me v Capital One - Data Protection Act Sent 03/08/06

Me v Hillesden Securities - CCA Sent 03/08/06

Me v Hillesden Securities - DPA Sent 03/08/06

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We have crossed wires Jannercobler. Its the TA which employ him, there is no other employer. He just works at the TA but at the moment he is only guaranteed 2 days, the rest of his hours are simply as and when he is needed. He does the driving taking officers to meetings and other TA recruits to various parts of the country when they go on courses so he never knows from one week to the next what hours or days he will be required the following week. A lot of the work is very short notice.

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So is he a 'soldier', does he go to training etc;

 

Try this, there is a TA section, British Army Rumour Service > > Forums > > Home

 

The posts above are still very relevent. There is nothing to stop him getting regular full time employment and still be a member of the TA. The officers etc will just have to get a bus or train or employ some pensioner who is looking for some casual work to supplement their pension.

Edited by Conniff
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Thanks for the replies. I think you have misunderstood my post Conniff. He is living with his mum, thats why he cant get help. If he was to move in with anyone else he would get housing benefit. Even though they are struggling to make ends meet she can hardly throw him out:(

 

Sorry about that - it is the way you have written it "He lives with my sister".

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i would suggest you speak to the housing benefits department again. they will look at it was a contrived tenancy (family renting off family) however if there's a tenancy agreement in place and evidence i.e receipts of rent being paid then they may consider it. be worth booking an appointment with a senior benefits assessor to discuss it.

 

if there are only two people living in the property, your sister may be able to claim second adult rebate for her son through the Council tax benefit department. this is assessed on the gross income and various between 0% - 25%

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