Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder tauran121 Novitiate

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    Default JSA advice needed.

    I have been out of work for 3 months and have decided to make a retorspective claim for JSA. I was told i could make a claim retrospectively by one of the telephone agents. I've filled out the form online and have had a call to attend an interview.

    question i have is, ive just had news and been offered a job, which i have accepted, so can i still go ahead with the claim, obviously i'll tell them i've got a job, but can i still go ahead with the claim for the 3 months i was out of work?


  2. #2
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    Default Re: JSA advice needed.

    Quote Originally Posted by tauran121 View Post
    I have been out of work for 3 months and have decided to make a retorspective claim for JSA. I was told i could make a claim retrospectively by one of the telephone agents. I've filled out the form online and have had a call to attend an interview.

    question i have is, ive just had news and been offered a job, which i have accepted, so can i still go ahead with the claim, obviously i'll tell them i've got a job, but can i still go ahead with the claim for the 3 months i was out of work?
    Yes you can...PROVIDED that it was recorded as proof that you were indeed registered as unemployed at that time 3 months ago,otherwise you shall not be entitled to the retrospective claim..

    All the best in your new Job Tauran and well done.


  3. #3
    Basic Account Holder tauran121 Novitiate

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    Default Re: JSA advice needed.

    what do you mean by "registered as unemployed"? is this something i should have done or the company that i worked for?


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    Default Re: JSA advice needed.

    Quote Originally Posted by tauran121 View Post
    what do you mean by "registered as unemployed"? is this something i should have done or the company that i worked for?
    What I mean is can you SHOW or PROVE that 3 months ago you were unemployed.For example did you pop into the Jobcentre and make a claim on that date 3 months ago even though you received no money.Are the Jobcentre or Glasgow aware that you were unemployed 3 montns ago.

    Or have you only NOW 3months later told them and is it ONLY NOW 3 months later that they are aware that you were unemployed 3 months ago.If this is the case then you will NOT be entitled to RETROSPECTIVE claiming.

    M2ae


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    Basic Account Holder tauran121 Novitiate

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    Default Re: JSA advice needed.

    the answer to that question is no, i did not inform anyone of my redundancyicon from work 3 months ago, but it is something my P45 can prove. i have been asked to bring along my p45 as well as details of my previous employer for them to contact and they may use these means to confirm this.


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    Default Re: JSA advice needed.

    You will be required to show "good cause" for failing to claim at the time.

    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.
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  7. #7
    Basic Account Holder tauran121 Novitiate

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    Default Re: JSA advice needed.

    ok, i'll go along and answer their questions, and hopefully things go my way.
    thanks for the help guys.


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    Default Re: JSA advice needed.

    Quote Originally Posted by tauran121 View Post
    ok, i'll go along and answer their questions, and hopefully things go my way.
    thanks for the help guys.

    You have to show that in the period of your unemployment you had no 'proof of income'.

    That is because they will wonder how you managed to support yourself..i.e cash in hand work...relatives...friend s etc..unfortunately the burden is on you to prove that you were not being helped or did not fall into any of these categories.

    Your P45 will only go to prove that you left/made redundanticon etc work on a particular day in addition to your tax details.

    It does not give any information as to what or how you sustained yourself in the interim 3 months until you contacted telephone agent.

    If you had spoken to that telephone agent 3 months before you actually did then that agent would have recorded the fact that you did make a claim on that date.In those circumstances you should be entitled to backdated claim.

    Hope that helps


  9. #9
    Basic Account Holder tauran121 Novitiate

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    Default Re: JSA advice needed.

    well i just lived off my redundancyicon pay to be honest, its wasnt huge but it was enough, not sure what they'll look for but hopefully my bank statements will show enough activity for them to realise i did just live off my own money. there was no other money going into my bank account apart from moving money from my savings into my current account whenever needed.


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    Default Re: JSA advice needed.

    Quote Originally Posted by tauran121 View Post
    well i just lived off my redundancyicon pay to be honest, its wasnt huge but it was enough, not sure what they'll look for but hopefully my bank statements will show enough activity for them to realise i did just live off my own money. there was no other money going into my bank account apart from moving money from my savings into my current account whenever needed.

    If you can demonstrate this then you may have done just enough to discharge the burden and be entitled to claim for backdated JSA...But then you must make sure that any savings do not reach the threshold that disentitle you to that backdated JSA.or from making a claim at all..but no doubt these questions would already have been put to you and it appears from the content of your answers that the only issue is as ERIKAPNP said ''good cause for not claiming''.

    In other words if you can show and it does seem to show through your documentary evidence that you were being sustained through your earned income from previous work and any savings you had did not amount to the 'relevant amount' then you may be legally entitled to back-claim.Make sure you take absolutely all relevant paperwork with you to the interview otherwise it will be delayed.

    rgds

    m2ae



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