# Will my husband qualify for JSA if I choose to take unpaid maternity leave?



## monkey14 (27 May 2011)

This is a bit longwinded, but please bear with me! 
My husband has been on JSB for 10 months (he's actually on the Back to Education Allowance). He's now planning to start his own business, so we're looking at the Back to Work Enterprise Allowance, (will apply when he's been 12 months on JSB). We need to have an entitlement to JSA to qualify for this scheme.
I am employed, on €30,000, working 3 days a week (only 17 hours so don't qualify for FIS). But I'm currently on maternity leave (have 3 children in total), getting maternity benefit. My benefit runs out 1 week before my husband's JSB runs out.
If I go back to work when my paid leave runs out, my husband will have to mind the kids and won't have enough time to get his business going. If I take 16 weeks unpaid maternity leave, and possibly another 14 weeks unpaid parental leave, I could mind the kids and give him a chance to get the business up and running, before I have to go back. But he won't have any hope of income for a few months, (as he has to develop his product), so we can't afford to do this unless he qualifies for the BTWEA. 
We can't manage long-term on just my salary (we have some savings but they won't last long), so we need him to be earning something.
Is there any chance that Welfare will look at the long-term scenario, and accept our application for JSA based on me not earning anything for up to 7 months, or are they likely to tell me to get back to work asap?
We will obviously talk to them, but I'm just wondering are we being totally unrealistic, and is it even worth a try?
Thanks for reading all this, would really appreciate any opinions.


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## SN9 (30 May 2011)

Hi monkey, I believe you're entitled to extended maternity leave (the unpaid 16 weeks) just the same as you're entitled to maternity leave.  The only difference in entitlements is money.  Parental leave, I'm not sure about, but same rules could apply.  Good luck to you husband, hope it all works out for you!


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## stephnyc (30 May 2011)

SN9 - i dont think the OP was asking if she was entitled to unpaid mat leave - she was asking will her husband qualify for JSA if she takes unpaid mat leave

monkey14 - i cant find a definitive answer - but it does appear that your reduced earnings (assuming your job does not topup) would be taken into account when your husband applies for JSA (rather than your full wages), so it is quite possible that if you take unpaid then he might qualify
http://www.askaboutmoney.com/showthread.php?t=153197

is FIS an option here? hopefully some more experienced will be along to help you


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## monkey14 (31 May 2011)

Thanks for your replies, and for the link to the other thread, which is very interesting. As far as I know, I don't qualify for FIS when I'm working, as I only work 17 hours, which is below the threshold. I presumed I couldn't apply for it when on mat leave, but will certainly check it out. If anyone else has any thoughts on whether we have any chance of qualifying for JSA, either for the short term while I'm not working, or ideally so we could get the BTWEA, I'd really appreciate it. Thanks.


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