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which benefit?
- Handson
- Topic Author
11 years 5 months ago - 11 years 5 months ago #117446 by Handson
which benefit? was created by Handson
Hi.
If someone has been refused ESA for habitial resident issues, is there a benefit which can be applied for to be backdated for the time period whilst waiting for decision from ESA?
The person has claimed JSA before and after ESA application.
Thanks
Hands
If someone has been refused ESA for habitial resident issues, is there a benefit which can be applied for to be backdated for the time period whilst waiting for decision from ESA?
The person has claimed JSA before and after ESA application.
Thanks
Hands
Last edit: 11 years 5 months ago by .
11 years 5 months ago #117448 by
Hi H,
The Habitual Residence Test and a Right to Reside with respect to claiming benefits are a complicated area of benefits law, and unfortunately not something that we can offer advice on.
You need to gain professional advice :
Where to get advice
See also :
www.adviceguide.org.uk/england/benefits_...sion_is_made_hrt.htm
www.turn2us.org.uk/information__resource...idence_test_hrt.aspx
&
www.gov.uk/government/news/improved-bene...or-migrants-launched
Rules on the above have also been tightened in recent weeks, so you do need professional advice.
bro58
Replied by on topic which benefit?
Handson wrote: Hi.
If someone has been refused ESA for habitial resident issues, is there a benefit which can be applied for to be backdated for the time period whilst waiting for decision from ESA?
The person has claimed JSA before and after ESA application.
Thanks
Hands
Hi H,
The Habitual Residence Test and a Right to Reside with respect to claiming benefits are a complicated area of benefits law, and unfortunately not something that we can offer advice on.
You need to gain professional advice :
Where to get advice
See also :
www.adviceguide.org.uk/england/benefits_...sion_is_made_hrt.htm
www.turn2us.org.uk/information__resource...idence_test_hrt.aspx
&
www.gov.uk/government/news/improved-bene...or-migrants-launched
Rules on the above have also been tightened in recent weeks, so you do need professional advice.
bro58
- Handson
- Topic Author
11 years 5 months ago - 11 years 5 months ago #117449 by Handson
Replied by Handson on topic which benefit?
Hello.
Thank you for the reply.
I am more interested in finding out if JSA or another benefit can be applied for, for the time period while the ESA was waiting to be processed.
The person was on JSA before making the ESA application. It took over two months before it was refused due to habitual residence.
The person has since re applied and been awarded JSA.
We want to know if there is anyway of claiming something for the time waiting as it was such a long time?
Thanks
Thank you for the reply.
I am more interested in finding out if JSA or another benefit can be applied for, for the time period while the ESA was waiting to be processed.
The person was on JSA before making the ESA application. It took over two months before it was refused due to habitual residence.
The person has since re applied and been awarded JSA.
We want to know if there is anyway of claiming something for the time waiting as it was such a long time?
Thanks
Last edit: 11 years 5 months ago by Gordon.
- Gordon
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11 years 5 months ago #117453 by Gordon
As has already been advised this is not an area that we deal with on the forum.
As far as I am aware the only thing that might have been claimed was JSA, but as they had declared themselves unfit for work by attempting a claim for ESA, it is unlikely in the extreme that the DWP would have agreed.
I am assuming that the JSA is Contribution Based as the HRT for JSA(IB) is the same as for ESA(IR).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic which benefit?
Handson wrote: Hello.
Thank you for the reply.
I am more interested in finding out if JSA or another benefit can be applied for, for the time period while the ESA was waiting to be processed.
The person was on JSA before making the ESA application. It took over two months before it was refused due to habitual residence.
The person has since re applied and been awarded JSA.
We want to know if there is anyway of claiming something for the time waiting as it was such a long time?
Thanks
As has already been advised this is not an area that we deal with on the forum.
As far as I am aware the only thing that might have been claimed was JSA, but as they had declared themselves unfit for work by attempting a claim for ESA, it is unlikely in the extreme that the DWP would have agreed.
I am assuming that the JSA is Contribution Based as the HRT for JSA(IB) is the same as for ESA(IR).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Handson
- Handson
- Topic Author
11 years 5 months ago - 11 years 5 months ago #117457 by Handson
Replied by Handson on topic which benefit?
The JSA that has been and is being received is Income based.
Handson
Handson
Last edit: 11 years 5 months ago by Gordon.
- Gordon
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- Posts: 51284
11 years 5 months ago - 11 years 5 months ago #117459 by Gordon
As said, this is not an area we advise on. The following explains the test
www.turn2us.org.uk/information__resource...st_hrt.aspx#whatbens
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic which benefit?
Handson wrote: The JSA that has been and is being received is Income based.
Handson
As said, this is not an area we advise on. The following explains the test
www.turn2us.org.uk/information__resource...st_hrt.aspx#whatbens
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 5 months ago by Gordon.
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