Dilemma help!

[marksroomspain]

This goes out to Terpe could you give me further advice on something because every time I make progress something else comes along its regarding my savings Terpe I mentioned before £6000 in my current account £8000 in my ISA to support my wifes spouse visa due to me being in receipt of jsa and DLA I have now been told that I could have savings under £16000 and still be entitled to jsa now I have been told that amounts over £6000 my jsa would be reduced by £1 per week for every £250 over the initial £6000 now this is where the dilemma is I am receiving full jsa and now I know I should be receiving a lesser amount because of my savings as you know my wife is about to put in the visa application I am terrified that the ECO will accuse me of benefit fraud even though I did not know about this till now I know I have to tell the DWP about this and declare a change of circumstances I am really worried now that under the Immigration rules they could refuse my wifes visa because of this thank you...

[Terpe]

Hi Mark,
Sorry for the delay. I've just got back home and seen this post.

I thought you mentioned that you were in receipt of contribution based JSA?

The rules about income and cash savings are different for contribution based JSA and the means tested income-based JSA

Which JSA are you receiving?
Normally these people are pretty good at deciding your entitlement.

[marksroomspain]

Its income based JSA Terpe thats why I am worrying now I was told by a friend at the DWP about the difference I only come into this extra £8000 from a compensation claim after my car accident 3 years ago hence myself being on DLA due to damaged verterbraes in my back I received this back in March so decided to invest it in an ISA I put my maximum in before the tax year ended then the rest after the new tax year started so now I just need your advice on how I continue thanks Terpe for your help on this matter

[Terpe]

Well Mark, that's unfortunate information There's not much more to say that's not already been said.
If you have savings over £16,000, you can’t usually get income based Jobseeker’s Allowance.
Yes your quite right, that for each £250 of your savings over £6,000, your benefit is reduced by £1 a week
I guess this means your JSA will be reduced by £32 per week based on being £8k over the limit.

How it came about isn't the big issue, but you'll need to get back on track with the JSA and get you finances regularised for at least one month before submitting the visa application.

The principle facts remain the same in that you must evidence a disposable income of £111.45 or above.
Savings may help you, but these in themselves cannot be relied up as under the financial requirement exemption you must have a level of regular maintenance income at or above income support levels.

You case is highly marginal. As I've mentioned before you need to seek the guidance of your immigration advisor. But your ability to demonstrate maintenance sufficiency is marginal and fragile.

On top of that, it's likely that your JSA overpayment may need to be repaid.

I'm sorry I can't offer an instant solution. It still quite surprising that your JSA claim was able to be processed in error unless you initially provided inaccurate information.