Income Based JSA Spouse’s Foreign Earning Query

Got an interesting appeal on a Jobseekers Allowance (JSA) case.

Client is not entitled to Contribution Based JSA as she has been abroad in a non European country without any reciprocal arrangement; but she is a UK citizen who has passed the Habitual Residence test so Income Based JSA was assessed.

This claim was refused as she is married and her partner is working 25 hours a week in the non European country. His earnings amount to approximately £67.50 per week, which seems to be an average wage for that country, however the Jobcentre insist that he must be treated as though he is receiving the UK’s National Minimum Wage and have disallowed the claim on the grounds that the couple have an income of £142 per week.

The country he is in allows unrestricted cash transfers to the UK. The client is clear that she considers that they are a couple, that this is a temporary separation and that they will support each other financially. There’s no capital or other income to consider.

I can’t find any guidance on spouse’s income from abroad and I’d be grateful if anybody could help me mull the following questions;

1.  Are the Jobcentre correct to insist on treating her partner as being in receipt of the UK’s minimum wage?
2.  If they are incorrect on the earnings could they then disallow on the grounds that she has a partner working more than 24 hours per week?

This case has been appealed by the client and I have the Departments submission pack in front of me, the authority cited for their decision is “the advice of the Team Leader”!