Extended Payment – are they entitled??

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  • #38246
    Janec
    Participant

    I’m fairly sure we can pay this EPP but wonder if someone could just confirm for me please.

    We have a couple, wife is Polish and the DWP would not include her on partners JSA(IB) claim and have been paying him as a single person.
    He has been continously in receipt for 26 weeks.

    She has now started full time employment. Does the fact that she was not included on JSA claim have any affect to his entitlement to an EPP?

    Thanks Jane

    #63253
    stevedaymond
    Participant

    Why was she not included?

    What is the reason for the JSA ending?

    #63254
    Anonymous
    Guest

    I will have to check the JSA Regs on this because I am not sure off the top of my head how a JSA(ib) joint-claim couple are treated where one of them is an EEA national who does not have a right to reside.

    Where one member of a couple is a non-EEA national subject to immigration control, as I understand it they do not have to be a joint claim couple – only the UK national has to sign on and satisfy the labour market test. They are only entitled to the single rate of JSA applicable amount, but any income or capital the non-EEA partner has is integrated into the JSA assessment.

    I must say I did not think it worked like that where one member of the couple is an EEA national – I thought they got a regular couple’s applicable amount in JSA.

    It is certainly not the case that the claimant’s partner has been completely excluded from the JSA assessment – the claimant is [b]not[/b] a single person for JSA(ib) purposes. Whether correctly or not, DWP has only awarded a single person’s applicable amount and it is likely that the partner has not been required to sign on, but I can assure you they are still very much a couple when it comes to aggregation of income and capital and remunerative work. [b]In all cases[/b], there is no entitlement to JSA(ib) if the partner or one member of a joint claim couple works 24 hours plus. That is almost certainly the reason why this claimant’s JSA has stopped.

    That being the case, I would say that yes there is entitlement to an EP: the claimant has ceased to be entitled to a QIRB because his partner has commenced remuneraive work.

    #63264
    Janec
    Participant

    Jsa has actually been suspended at the moment, because she has started work, we are waiting for final end date but looks like he would’ve been entitled for 26 weeks. I’m not sure why they decided not to include her on the claim, (i made a mistake, they aren’t married)they were aware that she is living with him???

    #63265
    Janec
    Participant

    Thank you Peter, I thought that he would be entitled

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