Terms & Conditions

[LisaH]

Can anyone clarify for me;

Claimant and partner lived in Saudi Arabia. Claimant was resident in the UK until her 18th Birthday, then moved to Saudi. Claimant then moved to the UK 26/06/09 (now 45 years old) with her children. Partner remained in Saudi Arabia where he was still working, but intended to join claimant in the UK a.s.a.p. Claimant claimed JSA as a single person but was refused due to lack of contributions. Partner has now entered the UK 02/08/09 and they have claimed for joint JSA(IB) but HRT not yet done.

Am I overlooking something simple here… 😕

[stevedaymond]

You will need to apply a Habitual Residence test on them and take it from there.

[chris harvey]

Or even let JC+ do it for you, as they have claimed JSA (IB) they have to pass the test to get it.

[stevedaymond]

If the JSA is negative you will need to apply your own anyway.

If you wait on the DWP to make a decision it is good for the customer as they only need to explain their circumstances once, as long as the decision is positive. However, if it is negative you will need to do your own so they will need to advise of the info a 2nd time.

Whereas if you do your own at this stage you have all of your ducks in a row, if they get a positve decision from the DWP happy days, if not then still happy days as you already have your own decision. 😀

[michaelb]

So if the DWP decide someone is not Habitually Resident we still have to do it ourselves? Do they not to need to now appeal the DWP decision?

Just had my first one plop into my InTray!!

[Kay_Tade]

[quote:f3eb063032=”michaelb”]So if the DWP decide someone is not Habitually Resident we still have to do it ourselves? Do they not to need to now appeal the DWP decision?[/quote:f3eb063032]

Yes it’s advisable they do, and in my experience they tend to revise most cases in favour of the claimant, but it may be more expedient if you carried out your own test.

[michaelb]

Will have to turn her down as well then as she has no recourse to public funds etc…

Looks like I am off straight to appeal with her myself

Thanks for your quick response

[Author]

Posts