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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

British and denied access to benefits

74 replies

hdsdi · 15/10/2016 10:35

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.

OP posts:
Elenio · 15/10/2016 11:02

I also encountered this and it was a shock to me to. The information is there but it hadn't really crossed my mind that after so many years of paying NI contributions I wouldn't qualify for JSA.

I spend one year working overseas in 2014 which is what has stopped me being able to claim.

I can't get income based as my partner earns just above the cut off. I am currently just getting into more and more debt as I try and make my monthly payments.

Hopefully I will be working again soon!

Headofthehive55 · 15/10/2016 11:03

meditrina entitlement to nhs only starts back after being resident for six months.

ICuntSeeYourPoint · 15/10/2016 11:06

But "everybody" isn't entitled to it, I'm British and I'm not entitled to it either, you have to meet the criteria. You don't meet the criteria so you're not entitled to it.

Having now been in this position, will you be campaigning for benefits to be available to a wider group of people?
Should 'everyone' be entitled or should there be some kind of criteria and checks, and if so should this be based on how in need someone is, or just their nationality, or where they've lived or what they've paid in? Genuinely interested in how your experience has made you think about the benefits system and other people in need.

GreatFuckability · 15/10/2016 11:14

As you've become aware, its far from the case that 'everyone' is entitled to JSA payments. 'everyone' is entitled to JSA credits. but if he's not paid NI in the last few tax years and if you have other income, then you wont get JSA. When my ex lost his job (pre-kids) we were expected to live off the less than £200 a week wages I earned (ironically, I worked processing JSA claims...).

AntiHop · 15/10/2016 11:14

When my dp was unemployed he was not entitled to jsa as he hadn't paid enough ni contributions as he'd been self employed during the relevant period. He had not been living abroad

NothingIsOK · 15/10/2016 11:15

I've just had a benefits shock... ESA contributions based (you can get this for up to a year) self employed, fully up to date with NI, signed off by GP for major orthopaedic troubles involving multiple surgeries, crutches, severe constant pain.

Had my work capability assessment 8 months in to the year and they have decided I am fully fit to work and stopped the benefit completely and immediately. They now use a points system, like PIP, and the hoops to jump through are insanely specific.

Mandatory reconsideration has failed to change the decision, even though I'm going in this week for a big inpatient treatment, have had two other surgeries during the time of the claim, and their decisions on my mobility levels are patently ridiculous and wrong.

So now I've got to appeal through the tribunal process, with a hearing and whatever evidence I can get to change the decision. GP is writing a letter - why the fit notes they have been giving me aren't enough I have no idea.

In the meantime I have to start a fresh claim to cover the surgery and recovery period.

This is all a massive use of time and effort for both me, the GP and consultant, and the DWP. For a contributions based sickness benefit that I've used in the past for similar but less severe patches with no trouble at all to cover gaps in my self employment.

The system is broken, make no mistake. Things that used to help workers when times were tough are now made unavailable unless you happen by soem miracle to fit their restrictive profile of acceptable conditions.

Gawd help us all.

QueenLizIII · 15/10/2016 11:16

Ive been paying NI contributions for considerably longer than 2 years. Lost my job.

Went online to claim the contribution based one. I found my area is now a Universal Credit area and I am entitled to nothing.

I dont own property or anything and am going to go through my savings. I do actually need the £70 a week.

Any way around this?

dingdongdigeridoo · 15/10/2016 11:22

Sounds about right OP. They'll do anything to deny you. My husband was made redundant while I was still at uni. Couldn't get JSA because I was getting a student loan which clearly was enough to support the both of us. Luckily, he got a new job fairly quickly or we would have been absolutely fucked.

PausingFlatly · 15/10/2016 11:25

NothingIsOK, sorry to hear all that. Completely agree that the "reformed" disability system no longer focusses on supporting the sick.

It's now a Potemkin system. Intended to give the appearance, from a comfortable distance, of a safety net for the sick and vulnerable. But full of huge, deliberate holes as soon as you look close up.

GreatFuckability · 15/10/2016 11:25

QueenLizIII were you working fulltime? do you have a partner? I'm just wondering what reason they've given you for why you aren't entitled.

nothingisok ATOS are a pile of steaming shit.

JenLindleyShitMom · 15/10/2016 11:26

If you pay house insurance for 15 years then don't pay anything for 3 years you can't expect to make a claim. NI is an insurance. You stopped paying it so you aren't entitled to claim on it.

PausingFlatly · 15/10/2016 11:28

QueenLiz, are you entitled to means-tested Universal Credit?

Find out as much as you can online before dealing with the DWP. Over the years on MN I've heard a lot of stories of DWP staff misinforming people of what they're eligible for.

LemonSqueezy0 · 15/10/2016 11:32

It's harsh, but surely your research extends beyond the Daily Mail when making decisions such as moving country, access to benefits ... Hmm

QueenLizIII · 15/10/2016 11:39

QueenLizIII were you working fulltime? do you have a partner? I'm just wondering what reason they've given you for why you aren't entitled.

I was working full time. No partner. My savings exceed the capital limits.

That wouldnt have been an issue for contribution based JSA as it isnt based on income. But you cant claim it when I go online now. My area has moved to universal credit and with savings you dont qualify. I wonder if there is a way around to get the JSA instead.

woowoowoo · 15/10/2016 12:06

This reply has been deleted

Message withdrawn at poster's request.

BombadierFritz · 15/10/2016 12:11

universalcredit replaces incomebased jsa not contributions based jsa I think

Theoretician · 15/10/2016 12:19

QueenLizll, I think you are entitled, apparently the online system is wrong. I found the following by googling.

www.whatdotheyknow.com/request/claiming_new_contribution_based

www.rightsnet.org.uk/forums/viewthread/9810/

PausingFlatly · 15/10/2016 12:22

woowoowoo if you're self-employed go research your NI position right now.

I don't know current rules, but for years SE was a real bugger re National Insurance. There was lots of benefits you weren't entitled to, while making higher contributions than employed people.

Anyone working through an agency which has "persuaded" them to go "self-employed" or go through an umbrella company needs to look at this VERY carefully too.

I know a lot of supply teachers are affected by this.

AdoraBell · 15/10/2016 12:25

woowoo do some research, maybe use the website that calculates what you can claim? I can't think if the name right now, maybe someone else does?

And yes, the system for assessing you to be fit for work is a sham.

AdoraBell · 15/10/2016 12:25

X post

PausingFlatly · 15/10/2016 12:26

Good to say it twice, Adora.

A lot of people may not realise.

QueenLizIII · 15/10/2016 12:30

Thanks Theoretician I'll try that.

NewIdeasToday · 15/10/2016 12:36

Presumably you have savings, given that you were higher band tax payers in the past and have rental income. Why can't you live off those while you look for jobs?

woowoowoo · 15/10/2016 13:15

This reply has been deleted

Message withdrawn at poster's request.

deathandtaxes123 · 15/10/2016 13:25

NI contributions are voluntary

Errrrr so if I tell my employer I don't want to pay class 1 NIC then they'll just give me the money instead? And my employer can opt out of paying class 1a or 1b?

I don't think so.