Claiming JSA Returning From Abroad

[JayVelin]

Hi

 

I have a few vague invitations to go and live abroad and seek work. I'd like to pursue one of these at some point, but am very concerned about being able to claim JSA upon my return to the UK should the trip not work out as hoped.

 

I can see two issues: the question of whether I had quit a job voluntarily and the question of residency. Do these apply?

 

Would returning within six months obviate doubts regarding residency?

 

I am currently claiming income-based JSA and I would likely be returning to live at my parents' house in the above-mentioned scenario.

 

thanks

JV

[flumps1976]

If you decided to live abroad and then return to the UK at some point needing to claim income based benefits then you will be required to answer the questions refarding the Habitual Residency Test. This is to confirm that you have the right to reside and claim benefits in the UK and that your centre of interest is the UK and plan to remain here and settle in the UK. Until you are in that situation nobody can say you will be entitled or not entitlted as it will depend on your circumstances at the time of making the application.

The decision makers would only be looking at your most recent job so if you left your job abroad they wil still ask questions and again it will depend on the circumstances at that time.

 

Would you retain any links with the UK whist abroad e.g propert, bank accounts social clubs?

[JayVelin]

Thanks.

 

I would retain my bank account and I would be on the electoral roll. However, I no longer own a car and currently do not have accommodation in my own name. This would not change on my return. I would be no more or less 'resident' here than I have ever been and yet I have never been resident elsewhere.

 

One question is this: how long would do you have to be away before you were considered by the government as having lived elsewhere? For tax purposes, I believe I would have to be away for longer than six months (in the tax year?) in order to be considered as 'domiciled' abroad. Would the DoE not apply a similar criterion? What about their obsession with the 13 week and 26 week period?

 

I recently went abroad for a temporary job - less than three weeks. I was away for a similar period last year. On neither occasion was the residency issue raised. I was a rapid reclaim. If I went away for 12 weeks, I would still be a rapid reclaim, no?

 

The nightmare scenario would be consuming 'savings' while searching for work abroad, or working and then not getting paid (it happens) and then returning to be told I was no longer resident.

 

 

JV

[Tiger Lily]

This may answer some of your queries.

 

http://www.benefitsnow.co.uk/jsa/residence.asp

[JayVelin]

Thanks, Tiger Lily. Yes, these pages go some way to answering my queries.

 

I have a feeling they are being less than candid about the time periods used to guide their decisions - because they aren't stipulated by law. For example, it's not clear when a 'visit' becomes 'habitual residence' in another country, but I would expect some time period has been established, if only by precedence.

 

(I'll have to look into the consequences of opening a bank account in another country, because this would have to be done as soon as possible if one was intending to work in that country.)