Clarification on Jobseeker’s Allowance

[Elle268]

Hi All

Seeking clarification on Jobseeker’s Allowance. On gov.uk jobseekers allowance eligibility pages it says there are 3 different types of JSA:
- “new style” JSA
- contribution based JSA
- income-based JSA

The latter two appear to require entitlement to severe disability premium to be able to be applied for.
The “new style” JSA mentions it is a contribution-based benefit and I note it seems to be referred to interchangeably with contribution based JSA, which appears to be a different JSA altogether.

As such, when looking at the definition of “public funds” and when it says it does not include contribution-based jobseeker’s allowance (as a public fund), is this referring to the “new style” JSA or the contribution based JSA (that requires entitlement to severe disability premium), or both? Am a little confused here.

[JB007]

Hi All

Seeking clarification on Jobseeker’s Allowance. On gov.uk jobseekers allowance eligibility pages it says there are 3 different types of JSA:
- “new style” JSA
- contribution based JSA
- income-based JSA

The latter two appear to require entitlement to severe disability premium to be able to be applied for.
The “new style” JSA mentions it is a contribution-based benefit and I note it seems to be referred to interchangeably with contribution based JSA, which appears to be a different JSA altogether.

As such, when looking at the definition of “public funds” and when it says it does not include contribution-based jobseeker’s allowance (as a public fund), is this referring to the “new style” JSA or the contribution based JSA (that requires entitlement to severe disability premium), or both? Am a little confused here.

Contribution based JSA has been replaced by New Style JSA, for those who have been paying Type 1 NICs for the previous two relevant tax years. If you were an employee, then you were PAYE and paid Type 1 NICs. It's limited for up to 6 months but any savings, captial, or the earnings of a partner, does not reduce this benefit amount. This is not a public fund, but if somebody has signed the form to say they will pay for you, then the benefit money will be claimed back from them.

Income Based JSA is one of the 6 low income benefits replaced by Universal Credit. These are Public Funds.

Both of these benefits require you to prove you are looking for work for x number of hours per week and is nothing to do with having to claim a disabilty premium. I think the legacy (old) JSA paid an extra weekly premium to the JSA amount if the claimant claimed disabilty benefits too.

This is the immigration staff guidance of foreign nationals who have been taking benefits. Not all benefits are public funds.
https://www.gov.uk/government/publications/public-funds

[JB007]

Were you asking for yourself or for your spouse?

Looking back on your posts, you were not working in the UK in 2019 and therefore will not meet the requirement for New Style JSA of paying Type 1 NICs for the two previous tax years.
https://www.gov.uk/guidance/new-style-j ... -allowance

You are on a spouse visa and cannot take public funds; the job seeking part of the low income benefit Universal Credit (which replaced income based JSA). Although if your spouse is claiming UC, they would have to claim as a joint application but could not take extra benefit money for you.

[Elle268]

Thanks JB007 for your detailed reply.

I am aware I am not able to claim any public funds. For my own research I started looking into all the different terms and guidance and got myself confused.

First and foremost, I just want to ensure my spouse (British Citizen) can claim the new style JSA, if that would impact on my UK spouse visa at all? My visa has been granted; I just have not been able to relocate to the UK yet due to the pandemic.

And secondly if my spouse were to decide to claim Universal Credit, could he still do this if I were not located in the UK yet? Given it needs to be a joint application?

[JB007]

First and foremost, I just want to ensure my spouse (British Citizen) can claim the new style JSA, if that would impact on my UK spouse visa at all?

It would not. New Style JSA is a contribution based benefit and he would claim that soley in his own name, based on his own contributions over the 2 relevant tax years; there is no extra NS JSA money for a partner.

My visa has been granted; I just have not been able to relocate to the UK yet due to the pandemic.

And secondly if my spouse were to decide to claim Universal Credit, could he still do this if I were not located in the UK yet? Given it needs to be a joint application?

He can put in a claim. You can read this sticky for the DWP (the benefit office for Universal Credit) account of what a partner is. It also explains about how UC is claimed with a partner. Be sure to read the other links also, to ensure that you don't end up taking public funds by mistake through your husband's Universal Credit claim.
https://www.immigrationboards.com/claim ... 02126.html

[JB007]

If he claims JSA and Universal Credit, the JSA payment will reduce any UC award pound for pound. It still might be in his interest to claim both, rather than just UC


Why should I claim New Style JSA?
https://www.gov.uk/guidance/new-style-j ... -allowance

[Elle268]

Thanks JB007 for your replies!