Declined Application - PLEASE HELP!

[Weetabix999]

Hi - I'm posting this on behalf of a friend:

 

He's just been made redundant from a 90K job in the UK.

He is Dutch but has a NI number.

He lived in the UK 1992-2010, but returned to Holland to work for 3 years in 2010.

He returned to the UK in February 2013 to work (the 90K job) and was made redundant last month.

He lives in the UK with his British partner and their 7 month old son - she has no NI number (yet) as she always lived and worked in the Netherlands.

 

He was told to apply for 'Contribution Based Jobseekers' but has been declined because​ he worked in the Netherlands during the period they assessed his legibility​. Is this a correct evaluation - is there anything he can do as he's struggling to pay his rent whilst Jobseeking.

 

Can someone shed some light?!

Many thanks - Weetabix.

Edited June 12, 2014 by Weetabix999

[Lapsed Workaholic]

Basically the law says that a claimant has to be resident in the UK for the 2 years preceding the year the claim is made. Your friend, according to what you say, was not.

This is what the Jobseekers Act 1995 says about entitlement to Jobseeker’s Allowance:

 

Section 1, sub-section (2):

 

(2) Subject to the provisions of this Act, a claimant is entitled to a jobseeker's allowance if he—

(a) is available for employment;

(b) accepted a claimant commitment”

© is actively seeking employment;

(d) satisfies either—

(i) the conditions set out in section 2; or

(ii) the conditions set out in section 3;

(e) is not engaged in remunerative work;

(f) is capable of work;

(g) is not receiving relevant education;

(h) is under pensionable age; and

(i) is in Great Britain.

 

Section 2

 

2.—(1) The conditions referred to in section 1(2)(d)(i) are that the claimant—

(a) has actually paid Class 1 contributions in respect of one ("the base year") of the last two complete years before the beginning of the relevant benefit year and satisfies the additional conditions set out in subsection (2);

(b) has, in respect of the last two complete years before the beginning of the relevant benefit year, either paid Class 1 contributions or been credited with earnings and satisfies the additional condition set out in subsection (3);

© does not have earnings in excess of the prescribed amount; and (d) is not entitled to income support.

 

(2) The additional conditions mentioned in subsection (1)(a) are that—

(a) the contributions have been paid before the week for which the jobseeker's allowance is claimed;

(b) the earnings factor derived from earnings upon which primary Class 1 contributions have been paid or treated as paid is not less than the base year's lower earnings limit multiplied by 25.

 

(3) The additional condition mentioned in subsection (1)(b) is that the earnings factor derived from earnings upon which primary Class 1 contributions have been paid or treated as paid or from earnings credited is not less, in each of the two complete years, than the lower earnings limit for the year multiplied by 50.

 

(4) For the purposes of this section—

(a) "benefit year" means a period which is a benefit year for the purposes of Part II of the Benefits Act or such other period as may be prescribed for the purposes of this section;

(b) "the relevant benefit year" is the benefit year which includes—

(i) the beginning of the jobseeking period which includes the week for which a jobseeker's allowance is claimed, or (ii) (if earlier) the beginning of any linked period; and

© other expressions which are used in this section and the Benefits Act have the same meaning in this section as they have in that Act.

 

Section 3

 

3.—(1) The conditions referred to in section 1(2)(d)(ii) are that the claimant—

(a) has an income which does not exceed the applicable amount (determined in accordance with regulations under section 4) or has no income;

(b) is not entitled to income support;

© is not a member of a family one of whose members is entitled to income support;

(d) is not a member of a family one of whose members is entitled to an income-based jobseeker's allowance;

(e) is not a member of a married or unmarried couple the other member of which is engaged in remunerative work; and

(f) is a person—

(i) who has reached the age of 18; or

(ii) in respect of whom a direction under section 16 is in force; or

(iii) who has, in prescribed circumstances to be taken into account for a prescribed period, reached the age of 16 but not the age of 18.

 

(2) Regulations may provide for one or both of the following conditions to be included in the income-based conditions, in the case of a person to whom subsection (1)(f)(ii) or (iii) applies—

(a) a condition that the claimant must register for employment;

(b) a condition that the claimant must register for training.

 

(3) In subsection (1)(f3(iii) "period" includes—

(a) a period of a determinate length;

(b) a period defined by reference to the happening of a future event; and

© a period of a determinate length but subject to earlier determination upon the happening of a future event.

 

(4) Regulations under subsection (2) may, in particular, make provision by reference to persons designated by the Secretary of State for the purpose of the regulations.

These conditions must still apply as they seem to be used in your friend's case.

Edited June 12, 2014 by Lapsed Workaholic

[antone]

It is correct, yes - when assessing a person for JSA©, the tax years used at the moment are the years 2011/12 and 2012/13. So if he paid little or no UK NI in those years then he won't be entitled to contributory JSA.

 

He could apply for income-based JSA if his savings are low and he has no other income, but if he did that, a determination would need to be made as to whether or not he is "Habitually Resident" in the UK for benefit purposes. This would take some time.

 

I'd start by checking with the Dutch equivalent of the DWP to see if he has any exportable entitlement there based on those three years of work in The Netherlands.

[antone]

Note that three years residence is not actually required for JSA©, however, in practical terms very few people who have lived here for less than three years will satisfy the contribution conditions.

[SabreSheep]

If he was working abroad and not volonteering to pay NI contributions then he will not be able to get contribution based JSA

 

He could apply under the means tested Income related JSA and housing benefit but they are MEANS TESTED

 

Savings and shares and all income will be taken into account

[id6052]

if his partner does not have a NINO and has not applied for one, he would not be entitled to HB

[SabreSheep]

if his partner does not have a NINO and has not applied for one, he would not be entitled to HB

 

Whilst op does mention he has a ni number the residency test would seem to be a valid point. I didnt read or8ginally on the fact he was dutch.

[Weetabix999]

Hmm - that all makes sense - I'll ask him to chase up the Dutch DWP and see if anything comes from that.

Thanks so much for your help.