Joint-claim JSA, one partner is working

I’ve read the info’ in the CPAG book (pages 49/50) and am still a little confused. If you’re the claimant, you can’t get JSA if you work 16+ hours, or if your partner works 24+ hours?

But then it says that if one of you isn’t working (or works less then 16 hours), the other one can work up to 24 hours, which sounds like the same thing but worded differently to me. And then it says that the one who works 16 to 24 hours doesn’t have to make a joint claim. So does that means that a couple doesn’t always have to make a joint claim for JSA if they live together?

My client is working, but her husband isn’t - and he isn’t claiming JSA. I want to be clear about whether her work stops him claiming or whether he needs to put in a claim for JSA.

I’m totally confused by the pages in CPAG, possibly because I didn’t get a very good night’s sleep, or possibly because I’m a bit dim generally. EIther way, please help.

The first sentence sets out the basic rules of entitlement, re: claiming JSA and being in full time employment. The next sentence clarifies that you cannot receive joint claim JSA if either one of you is treated as being in full-time employment, and the next sentences aim to highlight that if one partner is working up to 24 hours a week, then provided the other partner is working less than 16 hours a week, they can claim JSA and the working partner does not need to satisfy the joint claim JSA rules (confirmed you will note on p.55, last section).

I’ll pass your comments onto the WBH editor so see whether they think this information can be explained differently.

Thanks, I think I’m with you :)

Hi, I guess this would also work for EEA nationals?
If one partner is working under 24 hours, and other partner is not working, the one that is not working can make a claim for JSA? Do they still have to say that they have a partner who is working below 24 h/week?

Also if they are EEA nationals and one partner is working and they have a child under 5 years old, can the other partner make a claim for IS?

thanks

Sue3131 - 19 February 2015 09:51 AM

Hi, I guess this would also work for EEA nationals?
If one partner is working under 24 hours, and other partner is not working, the one that is not working can make a claim for JSA? Do they still have to say that they have a partner who is working below 24 h/week?

Also if they are EEA nationals and one partner is working and they have a child under 5 years old, can the other partner make a claim for IS?

thanks

If someone is the spouse or civil partner of a worker, then they have a right to reside as a family member and would therefore need to satisfy the usual conditions of entitlement for whatever particular benefit they seek to claim. You should always notify the fact of having a spouse or civil partner if making a claim for benefit.

I don;t see how they would be entitled to IS in the situation you describe, as they wouldn’t come within the prescribed categories of people who can claim.

I don;t see how they would be entitled to IS in the situation you describe, as they wouldn’t come within the prescribed categories of people who can claim.[/quote]

Sorry my mistake, I didn’t realize what I was writing before I wrote it :~ sorry

thank you for a reply.

Sue3131 - 19 February 2015 11:59 AM

I don;t see how they would be entitled to IS in the situation you describe, as they wouldn’t come within the prescribed categories of people who can claim.

Sorry my mistake, I didn’t realize what I was writing before I wrote it :~ sorry

thank you for a reply.

No worries, you just have to remember that satisfying the right to reside is only part of the problem - as noted above, there is still an overarching need to satisfy the basic benefit entitlement conditions whatever. So in the JSA case you flagged, yes someone who wasn’t working and who is an EEA national and who has a partner working less than 24 hours a week would be able to claim JSA as they are a family member of a worker (and therefore have a right to reside) and the working partner wouldn’t be required to be part of a JSA joint claim.

However, the earnings of the working partner would still be taken into account, so if they were working 16 hours a week at NMW, they’d earn £104p/w and with £10 disregard would be entitled to £19.70 a week JSA potentially, but working 20 hours a week at NMW would bring earnings of £130 p/w and therefore nil entitlement as £120 exceeds the JSA applicable amount of £113.70 p/w. (For illustration purposes only, this doesn’t take account of NI/tax or any other circumstances that may apply in the specific case of a claimant).

That’s a great explanation, thank you, I appreciate it.