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I have just been awarded JSA contribution Based, I would also be eligible for Income Based (no other savings or income) which I would rather have as although the money is the same, it would open to the door to other benefits.
Does anyone know if I can appeal this or just ask If I could have Income Based ?. It says in the leaflet in situations like this then people would get Contributrion Based which seems rather unfair because if I hadnt been employed or had been self employed then I would be eligible for Income Based and the various other benefits that that then entitles you too (specifically legal fees I may incur as a result of a leasehold dispute).
Just to add this is now quite important I get IB JSA as without it I won't qualify for SMI Support for mortgageinterest, and without that I'm screwed !
Andy
The rules for both JSA and ESA are that where the income related element is at the same rate as the contributory element then the contributory element takes precedence.
JSA(C) is only payable for 26 weeks, after which you will get the JSA(IB) provided your circumstances haven't change.
JSA(IB) provides automatic entitlement to HB/CTB, as well as free NHS dental treatment, NHS eyecare and free prescriptions.
You are still able to claim HB/CTB based on your income, although you will have to fill in the whole form!!!! So long as you income and any income from capital or other sources capital does not exceed the applicable amount,in your case £64.30, for HB/CTB then you will get full HB/CTB. For income above the applicable amount then the HB will be reduced by 65% of the excess income and CTB by 20% of the excess income.
For NHS treatment purposes you will need to complete a HC11 form on grounds of income.
The rules for both JSA and ESA are that where the income related element is at the same rate as the contributory element then the contributory element takes precedence.
JSA(C) is only payable for 26 weeks, after which you will get the JSA(IB) provided your circumstances haven't change.
JSA(IB) provides automatic entitlement to HB/CTB, as well as free NHS dental treatment, NHS eyecare and free prescriptions.
You are still able to claim HB/CTB based on your income, although you will have to fill in the whole form!!!! So long as you income and any income from capital or other sources capital does not exceed the applicable amount,in your case £64.30, for HB/CTB then you will get full HB/CTB. For income above the applicable amount then the HB will be reduced by 65% of the excess income and CTB by 20% of the excess income.
For NHS treatment purposes you will need to complete a HC11 form on grounds of income.
Thanks thats all clear now BUT the worrying bit is elligibilty for SMI Support for mortgageinterest which states you only get this if you claim INCOME BASED but this is confusing as when I was in the same situation about 6 years ago..I got CB JSA BUT the SMI did then kick in (under the previous rules I waited 8 weeks to get 50% and then 18 weeks to get 100%).
Should there be something else to claim for to enable entitlement to SMI ?
Thanks thats all clear now BUT the worrying bit is elligibilty for SMI Support for mortgageinterest which states you only get this if you claim INCOME BASED but this is confusing as when I was in the same situation about 6 years ago..I got CB JSA BUT the SMI did then kick in (under the previous rules I waited 8 weeks to get 50% and then 18 weeks to get 100%).
Should there be something else to claim for to enable entitlement to SMI ?
Andy
Aha..wasnt easy to find but I found my answers here..
Prior to 5 January 2009 those of working age had to serve a 39 week waiting period before they could become eligible to SMI. There was a shorter waiting period, of 26 weeks, for those who had taken out their loan prior to 2 October 1995. Any period that a working age claimant spent on IS, Employment and Support Allowance (ESA) and Jobseeker's Allowance (JSA) counted towards the waiting period. In the case of JSA and ESA, this was regardless of whether the claimant was in receipt of the contribution-based version or the means-tested version of the benefit. In other words, time spent on contribution-based JSA or ESA counted towards the 26 or 39 week waiting period for SMI, but only those on the means-tested version of the benefit at the end of the qualifying period would become eligible at that point. The exception to this is that those who remained in receipt of a contribution-based JSA or contribution-based ESA, but could establish their eligibility to the income-based version, would also become eligible at that point.
The important bit being...
Since 5 January 2009, new SMI measures were introduced which, among other changes, reduced the waiting period to 13 weeks. This has changed the position and made it possible for some claimants to both be in receipt of contribution based JSA and potentially eligible for SMI, having completed the waiting period.
and...
After the 13 week stage, if the contribution-based JSA claimant meets the qualifying criteria for income-based JSA (and housing costs will now be taken into account in the assessment), they can be awarded SMI.
I wish the Job Center site was clearer about this, it claims 'you must be claiming income based JSA' to get SMI but this is in fact incorrect !
Hope this helps anyone else in a similar situation. Ill be phoning the Claims Office on monday to verify all this.
Had the bit about SMI been there when I posted....
The rules were changed late last year to take into account the drastic downturn in the economy and the increase in unemployment, especially seen in "middle income and professional earners"
Had the bit about SMI been there when I posted....
The rules were changed late last year to take into account the drastic downturn in the economy and the increase in unemployment, especially seen in "middle income and professional earners"
I was a busy editing bunny !... Still bit annoyed that ill get CB JSA, doesnt seem at all fair that you are penalised for actually having worked for the last 20 years or so !
Still bit annoyed that ill get CB JSA, doesnt seem at all fair that you are penalised for actually having worked for the last 20 years or so !
'Tis a sad reflection on today's society
Those who cannot be bothered to do a hard day's graft get it handed on plate to them by the state. Those who graft so that they may try and make a decent wage get treated worse and pay for those who can't be bothered to work.
Those who cannot be bothered to do a hard day's graft get it handed on plate to them by the state. Those who graft so that they may try and make a decent wage get treated worse and pay for those who can't be bothered to work.
Yep..It sucks...You would of thought that CB JSA would at least be slightly more as youve been paying into it for umpteen years whereas people who have never paid a penny get preferential treatment !
.....I fail to see any benefit in actually claiming CB JSA, was wondering what would happen if I denied i had ever had a job or lost my p45 or something, too late now of course.
I may investigate further as getting IB JSA would be so much more useful.
was wondering what would happen if I denied i had ever had a job or lost my p45 or something,
The records which are retrieved by the JSAPs system from the computer records at Newcastle would still show the information.
Incidentally, there was a time when contributions benefit (unemployment benefit as it was) was a higher amount than income based (then, income support). This was levelled out in the early nineties.
I take it that you are a single claimant, andyd. For the record, it would be different if you claimed for a partner as the amount would go up for income based and not for contributions based and it would then entitle you.
The records which are retrieved by the JSAPs system from the computer records at Newcastle would still show the information.
Incidentally, there was a time when contributions benefit (unemployment benefit as it was) was a higher amount than income based (then, income support). This was levelled out in the early nineties.
I take it that you are a single claimant, andyd. For the record, it would be different if you claimed for a partner as the amount would go up for income based and not for contributions based and it would then entitle you.
Yep..its just me, single, no savings, etc so in every respect I would be eligible for IB JSA too.
Seems so unfair to me, I shall try and investigate it further.
Phoned today and the woman on the other end understood me and agreed that it is a horribly unfair situation but said that these are the rules laid down by government, she thought my idea of writing a letter of complaint was good although on its own wasn't likely to change anything.
There must be many others in the same situation, not getting IB JSA because youve had the cheek to work previously closing the doors for you for so many extra 'benefits', latest one Ive noticed is being eleigible for reduced cost part time training course.
My MP is taking a very similar situation up with the Secretary of State. He believes I have unearthed an anomaly in the system
ie
A householder/owner in receipt of Income Support/Pension Credit etc who has a non-dependant (son or daughter over eighteen) living with them who is in receipt of CB JSA.
The householder would be liable for a non-dependant deduction in respect of Housing and Council Tax Benefit, whereas if the non-dependant was in receipt of IB JSA there would be no non-dependant deduction.
Effectively if the non-dependant paid the housholder the amount of the deduction, the non-dependant would be having to live on less than the government claim is needed. On the other hand if the non-dependant refused to pay the deduction liability would rest with the householder and they would then have to live on less than the government claim is needed.
Either way, one or the other would be living on less than what the government say they are entitled to.
my son was made redundant in november 2009, he was put on jsa contribution based, he has a mortgage lives on his own , cant get changed to IB jsa until his 6 months are up !! as for claiming SMI after 13 weeks ..... thats a no go either i quoted the "house of commons - treasury - written evidence..... thanks for that info .....but was told as he has no dependant living with him he cant get any help whatsoever until his 6 months are up !!!! is a shocking disgrace , he is 25 yrs old worked at the same place since leaving school , got made redundant and now may lose his house , all his redundancy money has gone on his mortgage ....
I have been reading all of the above and I am in the same position, I was hoping that if i was on the boardlines for Income based JSA and contribution JSA I might be considered for SMI. I have my 13 week review next week. I am a female on my own, no children. I am in shared ownership so also claiming full council tax benefit and housing benefit (for the rent side). I'm doing everything I can to get back into a job (one job got to 3rd interview!) and had 7 interviews at separate companies. My money will run out in a couple of months.....and still on contribution based JSA....I feel very cheated that I have worked all these years for what could be nothing and yet others seem to get it handed to them on a plate, surely it should be the other way round??? Or is that just my thinking??. I am very hopeful something will come up soon and if I were able to claim SMI it would only be for a couple of months. Instead I risk losing my house!
Its a shocking disgrace , my sons redundancy money was eaten up on his mortgage,nothing left at all to pay his bills etc, he has to stay with us so no heavy bills, he has applied for lots of jobs had a few interviews but nothing come of it.He now is trying to get a job with Manpower, which will be temporary, but needs the money , his mortgage lender have frozen his mortgage for a couple of months, he may be able to get on IB at the end of may when his 6 months are up , but hopefully he will be in employment......he hates going to "sign on" but needs must, seems this country dont want to look after its own, and the ppl that want to work ...Rant over.... hope everyone gets sorted..but looks like you have to wait 6 months to get put on IB and get SMI, my some originally signed up to jsa via Internet and prob put himself on the wrong thing but "they" would not help him out
looks like you have to wait 6 months to get put on IB and get SMI
That's not the case. Even if you are receiving contributory based JSA, you could be awarded SMI after the 13 weeks if you meet the qualifying criteria for Income based JSA (or any other income based benefit that falls within SMI criteria such as income support or income related employment and support allowance) - that is, that if you would meet all of the criteria for the Income based benefit was it not for your contributions, you can claim SMI.
My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.
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That's not the case. Even if you are receiving contributory based JSA, you could be awarded SMI after the 13 weeks if you meet the qualifying criteria for Income based JSA (or any other income based benefit that falls within SMI criteria such as income support or income related employment and support allowance) - that is, that if you would meet all of the criteria for the Income based benefit was it not for your contributions, you can claim SMI.
True..I had to wait 13 weeks to get SMI whilst still being on CB-JSA. Interestly, I think that if you get SMI you may then be eligible for other benefits or help such as waived court fees, NHS Travel fees (I got these whilst still being on CB-JSA), etc
I appreciate yr replies, but my son has tried numerous times and ...same old "NO YOU CANNOT CLAIM SMI OR GO ON IB UNTILL YOU HAVE BEEN SIGNING FOR 6 MONTHS" so what does he do ??? its obvious someone doesn't know what they are doing ! help please, he lives in wigan lancs , has no money only his jsa has a mortgage and the usual bills to pay. Thank You all.
I appreciate yr replies, but my son has tried numerous times and ...same old "NO YOU CANNOT CLAIM SMI OR GO ON IB UNTILL YOU HAVE BEEN SIGNING FOR 6 MONTHS" so what does he do ??? its obvious someone doesn't know what they are doing ! help please, he lives in wigan lancs , has no money only his jsa has a mortgage and the usual bills to pay. Thank You all.
Its deff 13 weeks, thats when I got mine, tell himto phone up his local BDC and if he is told the same info again then ask to speak to someone senior, they may not be available straight away but they'll arrange a call back.
Changes to SMI during the economic downturn
Temporary extra help through SMI has been available since 5 January 2009 because of the economic downturn. Conditions that apply to SMI since 5 January 2009
There are some conditions that apply to most claims for help with your mortgageinterest made since 5 January 2009:
you wait 13 weeks from the date you claim before you get SMI (this is known as a waiting period and was previously 39 or 26 weeks)
you’ll be able to claim for mortgage interest on up to £200,000 of your mortgage (this was previously £100,000)
if you have claimed Jobseeker’s Allowance on or after 5 January 2009 you’ll be paid SMI for two years only
The Standard Interest Rate used to calculate SMI, remains frozen at 6.08% for all SMI customers until December 2010.
From 5 January 2010 help was extended to a particular group of customers who:
claimed one of the benefits mentioned above on or after 5 January 2009
were not entitled to that benefit until their housing costs became payable
The confusion lays in the fact, its true you cant go on IB-JSA till 6 months BUT when you get SMI at 13 weeks that is kind of the equivalant of getting IB-JSA, hence when I appliedfor NHS travel costs I didnt meet the IB-JSA criteria BUT as I was receiving SMI this meant I was in equivalant position so I could get the travel costs, as my post (and Erika's) above points out, getting SMI may open the door to other IB-JSA only benefits/help.
If your son gets no help on the phone, drop them a letter, I had to do lots of this back n forth when there was confusion about my SMI/other mortgage costs/servicecharge costs...Eventually I got a call back from a senior manager who sorted it allout.
I appreciate yr replies, but my son has tried numerous times and ...same old "NO YOU CANNOT CLAIM SMI OR GO ON IB UNTILL YOU HAVE BEEN SIGNING FOR 6 MONTHS" so what does he do ??? its obvious someone doesn't know what they are doing ! help please, he lives in wigan lancs , has no money only his jsa has a mortgage and the usual bills to pay. Thank You all.
Has he been told this verbally or in a letter?
My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.
Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
(exceptions for prior authorisation)
If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post
JSA - Income vs Contribution based
Based, I would also be eligible for Income Based (no other savings or income) which I would rather have as although the money is the same, it would open to the door to other benefits.
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Originally Posted by installspark
its obvious someone doesn't know what they are doing ! help please, he lives in wigan lancs , has no money only his jsa has a 