Kela benefits rejection

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ddfreedie
Posts: 35
Joined: Fri Apr 14, 2017 6:11 am

Kela benefits rejection

Post by ddfreedie » Mon May 25, 2020 3:20 pm

Hi
My wife moved to Finland in February and we registered in TE in february itself. Kela application we gave it in april as it took time for the finnish ID number to come.
However today we got a letter stating that, Kela rejects the benefits stating that the reason for quitting the previous job is not valid. My wife was working and had to quit the job when moving to Finland which they stated is not valid.
In another letter, they mentioned that 1. no payment from end of last job to April and 2. There is a waiting period from April till september and after that again we can try for reapplying of benefits but no benefits till then.
I am anyway planning for an appeal as the rejection seems to be not correct atleast to me.
But is there anyone who faced similar issue or any advice for this issue. TIA.



Kela benefits rejection

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betelgeuse
Posts: 3483
Joined: Thu Aug 29, 2013 1:24 am

Re: Kela benefits rejection

Post by betelgeuse » Mon May 25, 2020 5:44 pm

ddfreedie wrote:
Mon May 25, 2020 3:20 pm
Hi
My wife moved to Finland in February and we registered in TE in february itself. Kela application we gave it in april as it took time for the finnish ID number to come.
However today we got a letter stating that, Kela rejects the benefits stating that the reason for quitting the previous job is not valid. My wife was working and had to quit the job when moving to Finland which they stated is not valid.
In another letter, they mentioned that 1. no payment from end of last job to April and 2. There is a waiting period from April till september and after that again we can try for reapplying of benefits but no benefits till then.
I am anyway planning for an appeal as the rejection seems to be not correct atleast to me.
But is there anyone who faced similar issue or any advice for this issue. TIA.
Seems weird as one of the exceptions allowed is moving to where one's spouse lives:

"2) muuttaakseen viikon kuluessa eroamisesta toiselle paikkakunnalle, jossa hänen puolisollaan on toimeentulon turvaava pysyväisluontoinen työ tai yritystoimintaa, jos päivittäisen työmatkan kesto ylittää muuton jälkeen kokoaikatyössä keskimäärin kolme tuntia ja osa-aikatyössä keskimäärin kaksi tuntia;"

https://www.finlex.fi/fi/laki/ajantasa/ ... 90#O1L2aP3

betelgeuse
Posts: 3483
Joined: Thu Aug 29, 2013 1:24 am

Re: Kela benefits rejection

Post by betelgeuse » Mon May 25, 2020 5:47 pm

betelgeuse wrote:
Mon May 25, 2020 5:44 pm
Seems weird as one of the exceptions allowed is moving to where one's spouse lives:

"2) muuttaakseen viikon kuluessa eroamisesta toiselle paikkakunnalle, jossa hänen puolisollaan on toimeentulon turvaava pysyväisluontoinen työ tai yritystoimintaa, jos päivittäisen työmatkan kesto ylittää muuton jälkeen kokoaikatyössä keskimäärin kolme tuntia ja osa-aikatyössä keskimäärin kaksi tuntia;"

https://www.finlex.fi/fi/laki/ajantasa/ ... 90#O1L2aP3
There is a one week requirement there though so maybe your timeline doesn't match.

ddfreedie
Posts: 35
Joined: Fri Apr 14, 2017 6:11 am

Re: Kela benefits rejection

Post by ddfreedie » Mon May 25, 2020 7:50 pm

Thank you for pointing me out to the correct rule.
Yes, it does point out to these pointers. The was for labour market subsidy.
1. The reason for resignation is not valid to move to Finland and also moved after 1 week. The resignation was on 14.Jan and she moved to Finland on 7.Feb.

Työnhakijalla ei ole oikeutta työttömyysetuuteen:
90 päivän ajalta työsuhteen päättymisen jälkeen, jos hän on ilman pätevää syytä eronnut työstään;
and
muuttaakseen viikon kuluessa eroamisesta toiselle paikkakunnalle, jossa hänen puolisollaan on toimeentulon turvaava pysyväisluontoinen työ tai yritystoimintaa, jos päivittäisen työmatkan kesto ylittää muuton jälkeen kokoaikatyössä keskimäärin kolme tuntia ja osa-aikatyössä keskimäärin kaksi tuntia

And finally because of these she has a waiting period of close to 16 weeks before trying again. Which means no benefit till September.
Do you think i would succeed in appealing for the reasons that
1. It is moving from country to country and cannot facilitate the movement within a week of resignation and we moved within 3 weeks which was already quick enough.
2. The validity of the reason - this is a valid reason that my wife cannot stay in another country after getting the Resident permit. The very reason is to move in to Finland to be with me. How can this be not valid.
3. On the one week rule - i am not aware of such rules - though i am unsure if i can use this to Kela when appealing.
4. Also on the basis of commute, but her commute to office is not more than 3 hours to her office back home and hence not sure how this 1 week rule can be applied for movement within country.

There was also one more letter mentioning 1 luka 8 & ja 5 luka 3 & 1 mom, ja 4 & 2 ja 3 mom. This is for daily allowance.

Do you think there would be changes to the decision. Infact if they dont give the benefits for 90 days thats fine. But the waiting period seems too much.
Last edited by ddfreedie on Mon May 25, 2020 8:09 pm, edited 2 times in total.

ddfreedie
Posts: 35
Joined: Fri Apr 14, 2017 6:11 am

Re: Kela benefits rejection

Post by ddfreedie » Mon May 25, 2020 8:05 pm

Any help is highly appreciated. :(

babyloner
Posts: 116
Joined: Tue Aug 30, 2011 9:37 pm

Re: Kela benefits rejection

Post by babyloner » Wed May 27, 2020 9:08 am

I have similiar experience. I moved to finland in Sept and registered with kela and Te office almost immediately. It took me 6 months to get some sort of help + intergration support. Nothing inbetween these 6 months we just try to live within our means and we have savings that can last 2-3 months plus my husband has a job so it was not so bad. I have questioned kela on this and they said that it was the rule. Maybe you can try again and ask te office.
Kela will not entertain any payment if there is no decision from te office.

ddfreedie
Posts: 35
Joined: Fri Apr 14, 2017 6:11 am

Re: Kela benefits rejection

Post by ddfreedie » Wed May 27, 2020 5:14 pm

Oh. that looks bad.
Did you appeal to Kela and talk to TE?
I will be doing them both in the coming days. However I understood from few of my colleagues that if we quit voluntarily, travel to Finland and apply for unemployment benefits, they usually reject the application. Whats more annoying is the waiting period on top of the period of rejection.
The reason is perfectly valid to resign and travel to be with husband. I do not understand how this can be invalid reason for TE.

User avatar
agroot
Posts: 249
Joined: Sat Dec 22, 2018 5:04 pm

Re: Kela benefits rejection

Post by agroot » Thu Jun 18, 2020 1:45 am

don't think the basis of commuting applies to immigration. Isn't the basic idea that you need to be employed in Finland first in order to claim unemployment benefits later?


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