Jsa Claim Not Processed Yet After 3 Months!!

[marta78]

I need some advice on my income based job seekers allowance claim. It's a joint claim that i made on March 10th as i had a change in cirumstances (my partner moved in).

I have been signing on now for almost 3 months and they have still not processed my claim!!! I have no letter confirming i am claiming and no money coming in. Every time i call or i go into the Job Centre i am told that it is to do with my residency status but i have proved i have lived in the UK for 12 years, i am an EU citizen and until i had my daughter i have always worked. Nobody at the JC seems to be wanting to investigate more into this and they just ask me to ring the Gen Enquiries number and put pressure on them. The only thing i know for sure is that my claim is with Decision Makers. Now my partner works 7 hours a week at the moment and i have been also told that could be an issue.

Has anyone had a similar experience? Should i get the CAB involved or just wait as i have been told to do? I am already in arrears with my rent because until Housing Benfits gets the JSA letter they won't process my claim. HELP PLEASE!!

[ErikaPNP]

The JC cannot help you. The claims are processed in a centralised office which is nothing to do with the local jobcentres. The general enquiries 0845 number is just that, general enquiries, they do not make a decision on your claim and can only give you information which is present on the computer system, entered by the decision makers.

 

Ring the general enquiries number, and ask for a call back from the decision makers. If they refuse to let you have a call back, ask to speak to a supervisor. They will refer you to the Team Leader of general enquiries, who will feed your request up to the Jobseekers Allowance manager/decision makers for a call back.

 

If you still have no joy, go to your local council and ask to make an appointment with a welfare rights worker or CAB who will contact them on your behalf. However - Welfare rights/CAB cannot force them to come to a decision if there is a genuine reason your claim is delayed which cannot be solved by the processing team - for example, if they are awaiting information from a third party.

[insyder]

Adding to what Erika has said, it is really important to find out exactly what the decision you are waiting for is. 12 weeks is an excessive amount of time for anything other than appeals.

 

This information should be contained in the computer on the notes page . This shows important information and should tell them why the claim is outstanding.

[marta78]

Hello everyone and thank you all for your advice. I have an update. I just now got a letter from the Decison Makers saying that i am not entitled to JSA because they say i am not a "habitual resident"...i am obviously going to appeal as i do not know how they came to this conclusion...

 

I am an EU citizen, i have worked here since 1997, i trained as a Further Education teacher in England and i have only been out of work since my daughter was born in 2007 and as a result of finding myself a lone parent.

I am now actively seeking work again!!

They also say that it looks to them as if i am someone who is "incapable of work"....

 

Anyway i am now going to get the CAB involved but if any of you has any more advice or info on this it would be really appreciated.

 

THANKS!!!

[insyder]

The Habitual Residence Test is a minefield.

 

The way it is supposed to work is that someone who has come into the country (or returned to live here) has to show that they are habitually resident. What this means is that they have settled, have roots, plan to stay.

 

This is an open and entirely opinion-based decision.

 

They look at a number of things - from whether you have a GP here, to work record, how long you have been out of the country or how long you have been here, why you are coming here, do you have a UK bank account... Lots of stuff.

 

You seem to be saying that you have been in the UK for 12 years and therefore you must have left the UK sometime in the last five years before an HRT decision is needed.

 

If so, how long were you out of the UK? What were you doing? Did you work? Did you settle?

 

All those things matter.

 

What doesn't matter is what nationality you are. British citizens who have lived abroad for seven years and cut ties with their homeland can still fail this test. Also, actively seeking work is not a condition of entitlement to JSA if the HRT test is failed.

 

They also say that it looks to them as if i am someone who is "incapable of work"....

 

What do they mean here? Who said this and in what context was it said. If you are claiming JSA then you are declaring that you are capable of work. No-one should be saying you aren't without proof or a reasonable doubt.