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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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JSA - I own a one bedroom apartment in the USA (as

Customer Question

Tax Question. I own a one bedroom apartment in the USA (as I was married to an American and children have dual citizenship). In recent years I have rented this out and after all fees make about $1400 a year (I pay Management fees, County taxes, A tax accountant and HOA fees).
I am now available to work as my childcare duties as a nan have lessened. My question is can I claim JSA while looking for a job. Previously I used my savings to live on but these are now at £8000. Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.For now please let me know what the equity in the property is please?
Customer: replied 1 year ago.
Hello,~ $50K
Expert:  Ash replied 1 year ago.
You could claim JSA but if you have capital in excess of £16,000 it probably won't be allowed. You would need to declare it as it you don't and they later find out, you could be prosecuted for failure to provide a change in circumstances.So declare it, be up front. The could allow it but you appear to be over the capital allowance. If it's your only home you may be ok.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Sorry this isn't definitive enough.
Expert:  Ash replied 1 year ago.
Nothing stopping you making a claim - but I dont think it will be successful as you have capital in excess of the current allowance which is £16,000. You have $50,000 which is about £34,000.Does that clarify?Alex
Customer: replied 1 year ago.
Hi, I know about the £16000 threshold but want to know whether the overseas property (as my only owned property) will or will not be counted as Capital. I am looking for advice not readily available on the JSA website. So if I owned a home here I could not claim JSA? I don't want to go through the effort of filling in forms for nothing plus if I declare it on a JSA form then I will be bombarded with HMRC documents.
Expert:  Ash replied 1 year ago.
Yes it will be counted. It makes no difference whether it is abroad. Imagine if you had £1,000,000 of assets abroad and tried to claim JSA.So no the threshold does not just apply to the Uk.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clairfy anything for you?Alex
Customer: replied 1 year ago.
My confusion is that you say above they "could" allow it but then say they "will" count it. Is it could or will?
Expert:  Ash replied 1 year ago.
They will count it. That's not my fault for not being clear enough.You see the point though about assets abroad, otherwise people just push everything abroad and claim benefits here.Does that clairfy?Alex
Customer: replied 1 year ago.
Yes thank you
Expert:  Ash replied 1 year ago.
Good luck.AlexIf this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Just to clarify, you are saying I cannot claim JSA because my assets are over 16k? I thought the 16k was savings not property? How am I supposed to live from day to day? Are you saying I should sell the property?
Expert:  Ash replied 1 year ago.
Its because its a property abroad. If it was your sole property in the UK and you would be living there, that would be different.Alex
Customer: replied 1 year ago.
Above you say it doesnt matter if it is in the UK or abroad. The Jsa website clearly states 16k in savings not capital. I am sorry but I have read around this and find the above answers give me no more clarity than searching the web myself.
Expert:  Ash replied 1 year ago.
You have a home which you do not live and this is counted as capital and therefore towards the £16k limit.Alex
Customer: replied 1 year ago.
Ok, so if I lived in a UK home that would not count?
Expert:  Ash replied 1 year ago.
Sole home which you live in as your primary residence, no.

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