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Housing benefit: small print?


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My partner and me seemed perfectly entitled for housing benefit, but my claim has been rejected. Are there any reasons not openly specified?

 

The letter says: "Although you provided capital proof on (date) I am unable to trace receipt of any income details and evidence for either you and your partner and I have been unable to verify the receipt of Job Seekers Allowance"

 

- Are they rejecting my claim because I´m unemployed? (which would be ridiculous, I need the benefit because I´m unemployed)

 

- Are they rejecting my claim because I wrote that I was claiming for a Job seekers allowance, and I stopped my claim?

 

- Are they rejecting my claim because I don´t have the english citizenship? (although I'm from other country inside the european community)

 

- Are they rejecting my claim because I have been working in the UK only for one year?

 

Could anyone familiar with the ins and outs of the burocratic system clarify the situation to me? I would appreciate it.

Edited by Tiroriro
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I'm supporting myself with the money I saved from my previous job.

 

I stopped claiming to JSA because it was taking them more than 3 months to make the decision.

 

In those 3 months I still had to pay the rent and the bills. Each time I had to go to the appointment I spent 4 pounds for the bus, plus all the documents I had to print to prove that I was really looking for work. Not to mention the fact that the day I had the appointment was a day lost I could have used to look for a job.

 

One day a jobseeker´s staff member said to me that it was really difficult to get the JSA since I had been working in the uk only for one year. So I decided to save that money to buy food since my situation had become desperate and to continue looking for a job from my home, which I´d be doing anyway.

Edited by Tiroriro
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I think the letter they sent you explains why your housing benefit wasnt processed

 

If you JSA claim had been awarded then you may have got full housing benefit but you withdew your claim

So your LA treated your claim as in Income Based claim to housing benefit but you have not supplied the information they required eg what Income have you got coming into the household,

Have you spoken to them and explained how you have been supporting yourself, if you have provided details of your capital then they would see this as you with draw cash for day to day living.

 

This should tell you if you qualify after you have supplied the required information

 

Persons From Abroad

 

In order to claim Housing or Council Tax Benefit you must have the right to live in the United Kingdom, you must have recourse to public funds and it must be your main home.

Right to reside

 

It is possible to be subject to immigration control and have a right to reside but not be entitled to Housing and/or Council Tax Benefit. This could be because you have no recourse to public funds e.g. if you are in the UK as a non-European Economic Area (EEA) migrant worker with a work permit and have limited or no leave to remain.

You must show us your birth certificate, passport or ID card and, if you are a national of the European Economic Area (EEA), evidence of your economic status or if you are a non EEA national proof of your immigration status to confirm your right to reside.

 

Habitual residence

 

 

Once you have shown that you have a right to reside and have recourse to public funds you may also need to prove habitual residence before you can get Housing and/or Council Tax benefit.

 

A Benefits Officer will decide if you are habitually resident by asking you things like:

 

  • have you worked in the UK
  • how long you have lived abroad
  • why did you come to the UK
  • how you plan to support yourself in the UK
  • how long you plan to stay in the UK.

You may be treated as habitually resident if you:

 

  • are a refugee
  • have exceptional leave to enter and remain in Great Britain
  • have humanitarian protection or discretionary leave to remain in the UK
  • are a national of the European Economic Area (EEA) who has recently been employed or self-employed in the UK
  • are a member of the family of a national of the European Economic Area (EEA) who has recently been employed or self-employed in the UK
  • left Montserrat after 1 November 1995 because of the volcanic eruption
  • have been deported to the UK.

If we need to decide if you are habitually resident we may need to send you a form for completion and may also need to interview you. To you should follow this link to view and/or print our habitually residence test form (pdf) 139kb.

 

You should follow this link if you need help and advice in other languages.

 

You can follow this link if you wish to return to the Housing Benefit and Council Tax Benefit index page or you can use the links on the top and on the left hand side of this page.

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