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British and denied access to benefits

(75 Posts)
hdsdi Sat 15-Oct-16 10:35:16

AIBU to be annoyed that my DH has been refused JSA? We didn't ask for means tested, just the basic 'everyone' is entitled to.
Except he isn't, as despite having paid tax at mainly higher rate all his working life in England, we have been living in a non-EU country for the last few years ( and paying UK tax on our rent from our rented out home while away). Apparently not an issue if we had been living in an EU country. Not even an issue being British, just need to be a EU citizen. DH told they agree we meet the residency requirements now ! just not the prior EU history to qualify. Not sure if there is anything we can do.

PoldarksBreeches Sat 15-Oct-16 10:37:36

It's based on national insurance contributions for the last 2 years so no, not entitled.
If you own property do you really need an extra £70 a week?

LIZS Sat 15-Oct-16 10:38:19

So he hasn't been paying ni contributions or equivalent in EU within past 2 years. Therefore he cannot get contribution based JSA.

JellyBelli Sat 15-Oct-16 10:40:20

This is a useful heads up to people in a similar situation, or self employed people who's income is so low they dont pay much tax.
NI contributions are voluntary, its not expensive, and if you pay them every year you can claim JSA if you need to..

BlancheBlue Sat 15-Oct-16 10:41:58

Haven't paid contributions recently then no JSA. Tbh the tone of your post suggests you just want to turn this into a typical dail mail style "why are those bloody immigrants getting benefits" type thread hmm

LIZS Sat 15-Oct-16 10:43:51

Agree Jelly and something to factor in if you become an expat. Presumably by keeping your property you always expected to return op. He/you may find it tricky to get any courses funded too, and uni fees for any mid/late teen dc could be charged as overseas.

meditrina Sat 15-Oct-16 10:43:58

If you haven't been paying NI contributions (or specified equivalent) then you are not eligible.

It's a question of normal place of residency, rather than nationality.

When considering an expat job opportunity, there are a number of things that you will not be entitled to (or your DC, such as home-rate student fees). Some, like entitlement to NHS resume immediately you make a permanent move back. Others, when there is a clear qualifying period, only resume when you meet those terms.

AnchorDownDeepBreath Sat 15-Oct-16 10:44:02

It's not tax that you needed to pay; its national insurance if you want contributions based JSA. You paid tax because you had a taxable asset.

chasegirl Sat 15-Oct-16 10:44:40

It's the Habitual Residence Test. You have to prove you have been resident in the UK for the last 2 years (or it might have changed to 5 years am not sure if that change has come in yet). It applies to everyone regardless of previous work in the UK or being born here.
Also if he hadn't worked in the UK for the last 2 full tax years he won't qualify for contribution based jsa either so would have to claim income based jsa.
The tax on the rent is a bit of a red herring as tax has nothing to do with entitlement to benefits. It's national insurance that determines benefits.

HopperBusTicket Sat 15-Oct-16 10:46:00

I'm afraid I don't really see what your British nationality has to do with this. He hasn't paid National Insurance in the UK or another EU country so he isn't entitled to the contribution based benefits this would entitle him to. I can see why it's annoying for you but them's the rules. I wish him well and hope he finds a job quickly.

I don't see what being British has to do with it at all - if you have paid into the "insurance scheme" for the last two years, you get to claim, if you haven't you don't. Surely you looked into this when you went to live abroad?

PausingFlatly Sat 15-Oct-16 10:49:16

Sorry, a lot of people have this shock when they run up against the actual benefits system, as opposed to all the flannel in the media.

There isn't a basic that everyone's entitled to (unless you're over old-age pension age).

As PP said, contributions-based JSA is only available to people who have some very narrow window of contributions. So even if your DH had paid in for 40 years, it would make no difference - has has to have paid enough in the last 2 years.

Means-tested benefits are usually less than contribution-based ones, and you may well earn too much for him to be eligible. But you could look into it anyway.

TaliDiNozzo Sat 15-Oct-16 10:49:39

I can totally understand why you're annoyed but it doesn't sound like your DH has paid NI for two years? That's how the make the decision so unfortunately he doesn't qualify.

FrancisCrawford Sat 15-Oct-16 10:51:14

There a number of reasons people might not get JSA, regardless of their nationality.

The NI contributions as mentioned, also savings.

It isn't denying access to benefits - it is not meeting the eligibility criteria.

And it is nothing to do with nationality.

hdsdi Sat 15-Oct-16 10:51:50

Tbh not intended as a daily mail 'rant' before others comment that this is what it is, (first post so maybe poor choice of headline) just feels unfair as we have both paid in so much over the years - and the money is needed ! Good point re uni fees too, will check. Thanks for feedback.

Manumission Sat 15-Oct-16 10:52:49

So he hasn't been paying ni contributions or equivalent in EU within past 2 years. Therefore he cannot get contribution based JSA.

Do they check the overseas contribution record of those who have come from the EU?

AdoraBell Sat 15-Oct-16 10:53:33

What the others have said.

We also moved back from a non EU country. This information isn't a secret. We made voluntary payments while living abroad. I know quite a few expats who have used their parents address for GP appointments and so think that when they land back in the country they are entitled to everything.

Mynotsosedentarylife Sat 15-Oct-16 10:54:15

"So he hasn't been paying ni contributions or equivalent in EU within past 2 years." This HTH

Manumission Sat 15-Oct-16 10:54:39

If it's the same for everyone, then YABU

PausingFlatly Sat 15-Oct-16 10:54:41

Yes, what Jelly said. And check what Class of voluntary NI contributions you have to pay.

Can't remember whether it was Class II or Class III, put when I worked abroad I opted to pay the type that would still count towards pension, but wouldn't give me contribution-based JSA or Incapacity Benefit.

(Of course they're now talking of [or actually have] changing the rules to decouple pension from contributions, so that might have been completely wasted money. So it's all a gamble.)

Mynotsosedentarylife Sat 15-Oct-16 10:55:40

OP if you think you title is misleading you could ask MN to edit it to something less.... DMesque?

Dontyouopenthattrapdoor Sat 15-Oct-16 10:56:24

God everyone's so ARSEY on here lately.

OP it must have been a disappointment and a shock if you hadn't realised this. Whoever advised you when you went ex pat really did you a disservice if they didn't tell you about this.

Hope your DH finds work soon.

AnchorDownDeepBreath Sat 15-Oct-16 10:58:43

Did you take advice before you moved? This should have been covered, along with uni fees, as a PP said - home fees have tight rules.

PigletJohn Sat 15-Oct-16 10:58:49

As you want JSA, presumably you are both signing on as unemployed now?

Unless there is some reason not to, this will give you both NI credits until you find something.

You may also want to top up any gaps in your contributions record. Get a pensions forecast and NI history.

Headofthehive55 Sat 15-Oct-16 11:01:39

I've paid car insurance for many years without a claim but if I don't pay one year I won't be able to claim will I?
Same thing. National insurance. Clue is in the name.

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