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Original poster

If you choose not to work - can you still claim benefits?

24 replies

MajorPettigrew · 28/05/2010 19:16

I won't go into too many specific details, but this has been bugging me.

If both you and DH choose not to work (and I mean choose - no medical grounds for not working) can you still claim benefits?

Even if you have assets? I'm talking about owning more than one house, shares etc.

Surely it is wrong to be able to claim state support, free school dinners etc.

Before I get flamed, I'm not against people claiming who need help; but this can't be legal can it??
As far as I always understood it, unless there is a good reason for not working, you were on your own with regard to state help.

OP posts:
DrSpechemin · 28/05/2010 19:20

IIRC you if you choose to leave employment you can't claim benefits for a certain period of time.
If assets are declared I'm sure they are taken into consideration.

WingsTHEangel · 28/05/2010 19:21

If you have a certain amount in savings then you can't claim benefit.
You maybe able to sign for your NI contribution, but you would have to be available for work. As far as I understand things, I could be wrong.

DanJARMouse · 28/05/2010 19:22

Going way back (6yrs now) I left employment while pregnant as couldnt manage the commute but wasnt ahead enough to take maternity leave. I went to sign on but had to wait x amount of weeks before I could claim, and then when I did the amount I recieved was dependant on what DH was earning.

dwpanxt · 28/05/2010 19:25

To claim Jsa you must be able to work, be actively seeking work, there are rigorous checks on this, and capable of work. You must not have made yourself voluntarily unemployed and again checks are done to ensure you haven't done something to warrant a sacking for instance.
If you meet these criteria and have assets you may claim JSA based on the contributions you have made to National insurance through PAYE. If you haven't made enough then all of your capital and savings, assets are taken into consideration. This includes those of your partner if you share a home.

There are other reasons why people may not be working and claiming benefits though . Not all benefits are work related

Original poster
MajorPettigrew · 28/05/2010 19:26

I just don't get how a family can make a decision not to work and still be entitled to income support etc, when they hold (what I would term) substantial assets.

OP posts:
PlumBumMum · 28/05/2010 19:27

I would assume you wouldn't be entitled to anything,
I left work when I had dd1 (9 now) and have never claimed anything,
It never occurred to me I would be entitled to anything, even when we have been vvv skint, I never thought it would be an option,
it was my decision to leave work to look after dcs

ClaireDeLoon · 28/05/2010 19:31

I would assume significant assets would mean you weren't entitled to anything either. After all the point of benefits is to help out those who need it not provide a little bit extra to those who can generate a private income from their savings and investments.

Livingbytheriver · 28/05/2010 19:35

I guess it would depend whether or not the other properties were let out and the shares paid dividends because if they did then no, I wouldn't have thought they would qualify, I can see how it would seem odd.

bibbitybobbityhat · 28/05/2010 19:36

I need more specific information MP before I can pass judgement.

Unless you are physically incapable of working, to be in receipt of benefits you must be on job seekers allowance or carers allowance, if I understand the system correctly.

Can you tell us more about the case you have in mind?

DuelingFanjo · 28/05/2010 19:39

presumably this is someone you know OP?

HecateQueenOfWitches · 28/05/2010 19:40

I think if you choose not to work and are on JSA then you have to pretend you are looking for work and come up with 'proof' because they keep calling you in for interviews or reviews or something, don't they?

And if you are not on JSA, but IS or incapacity or something, then you've told them something else entirely and if it's not the truth, then you'll be watching over your shoulder for ever!

HecateQueenOfWitches · 28/05/2010 19:42

And don't you have to have no more than £8,000 in savings and there'd be a cap on income from other sources and assets would be taken into consideration? Am assuming shares etc would count as some sort of income.

Original poster
MajorPettigrew · 28/05/2010 19:48

Yes - DF it is someone I know.

It's just narked me over the past few days, with boasting about things they own, new car to buy etc etc, then in same conversation talking about what extra benefits they can claim.
I don't really want to go into specifics about them, I just had no idea if what they are claiming is legal (and therefore a loophole that needs to be closed) or if they are not disclosing everything, in which case on the fiddle.

OP posts:
onadietcokebreak · 01/06/2010 17:30

Which benefit Income Support or JSA. Do they have to sign fortnightly?

DancingHippoOnAcid · 02/06/2010 12:58

I think they must be on the fiddle if not claimimg some kind of incapacity benefit. and most benefits are means tested. Though, of they blow all their money on holidays, cars etc they would not actually have any savings. However, if there is other income they are keeping quiet about they will eventually rumbled and the DWP will drop on them from a great height.

foreverastudent · 02/06/2010 13:39

Yoou can getcontribution-based JSA for 6 months even if you are a millionaire, but you have to pretend to look for work.

Child benefit and CTC dont take savings/assets into account.

Could it be thay have a 'hidden' disability you dont know about? You dont have to be in a wheelchair to be entitled to disability benefits.

If they care for a disabled relative/child they may be getting carer's allowance.

poorbuthappy · 02/06/2010 13:46

Can I ask a question relating to this too?

I don't work at the moment because of the cost of childcare. I came off maternity leave in Aug 09.

I could do with working 2/3 nights per week (so no childcare to sort out) to up our income by a little bit each month. Open to anything (call centre, warehouse, supermarkets etc etc - well the same as everyone really!)

Could I claim JSA?
I don't think I would because we are just about surviving so we aren't not surviving iyswim...but have often wondered, usually on the 2nd of each month after all the bills are paid...

onadietcokebreak · 02/06/2010 14:12

Poorbuthappy: Would depend if you satisfied the contributions requirement in 08/09 and 07/08. Worth a try. Plus as you left your job more than 6mths ago you wouldnt be sanctioned.

You may be entitled to JSA C for up to 6mths and I would advise you make a claim today on 0800 055 6688. PLEASE DONT DO IT ONLINE- it slows it down! Would advise you claim sooner rather than later because of the tax years changing (cant remember when-sorry!)

You can restrict your hours of work because of childcare but would probably need to be "prepared" to look at day time too. In reality as long as you are searching for a least some kind of work there wont be too much pressure put on you until 6mths have passed anyway,

suitejudyblue · 02/06/2010 22:03

I was made redundant recently and can only work part time, I was told that I wasn't entitled to anything at all because you have to be looking for full time (or almost fulltime, can't remember the no of hours). I wasn't asked any questions about redundancy payments or savings so I assume this isn't means tested and I think the advisor was talking about JSA.
Sorry to be a bit vague but I didn't follow it up once I was told that I wasn't entitled to anything at all.

onadietcokebreak · 03/06/2010 00:04

Depends why you can only work part time?

I wouldnt beleive anything any advisor tells you now-they arent properly trained. You should have made a claim and had a proper decision that carries appeal rights

onadietcokebreak · 03/06/2010 00:07

interesting advice on JSA agreements

suitejudyblue · 03/06/2010 08:53

Thanks for posting that, it makes very interesting reading. I have 4CDs and a DH who regularly works away for long periods with litle notice and I had my whole life set up around the part time job I had done for years.
When I was made redundant I had to take my youngest out of nursery and my other DCs out of the childminder.
For reasons too boring to go into here it would be next to impossible for me to realistically set up any new arrangements and because the nursery is pretty busy I can't even commit to any specific hours/days as they wouldn't be able to tell me in advance if a place was available. Because of lack of childcare it is also very difficult for me to even go to interviews, I have no family nearby.
I know that it will take me a long time to find a job that I can do (my experience is pretty specific as well) and I accept that but was disappointed to find that there is no help available at all.

expatinscotland · 03/06/2010 09:01

'If they care for a disabled relative/child they may be getting carer's allowance.'

Carer's allowance is income-dependent/means-tested, and that does include assets.

So is housing benefit (aka local housing allowance) and council tax benefit, income-based Jobseeker's Allowance, Employment Support Allowance (formerly Incapacity Benefit), Income Support (for lone parents of children under 7 and some disabled) and tax credits.

DLA, Disability Living Allowance, is not.

Assets or savings in excess of £16,000 usually disqualifies you for most means-tested benefits.

But of course, if you lie and say you don't have them, then you may fraudulently be in receipt of benefits.

If they are a couple and getting Income Support, then it is more than likely one or the other is lying and claiming to be a lone parent.

foreverastudent · 03/06/2010 20:28

expat- "Any savings that you have will not affect your entitlement to Carer?s Allowance." here

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