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 Ren41 Novitiate

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    Default Advice please - Income-based JSA/DLA/Carer's Allowance

    hello, I'm hoping someone on here can give me some advice. It's quite complex.

    I and my husband have been in receipt of income-based JSA, having not paid enough class 1 contributions (partners in a partnership-based company for the previous 25 years). We are receiving MIP, although not yet had a letter to say how much this is being reduced by under the interesticon rate changes.

    I have been awarded DLA at higher rate mobility & middle rate care, due to long term chronic autoimmune diseases. Following advice from the JC+, some months ago I filled in a JSA 6 and have been handing in medical certificates to the JC+ office, and I am classified as exempt from attending to 'sign on'.

    I was advised by JC+ that this was the best course of action - apparently I could otherwise have moved us both onto income-based ESA, or split the joint JSA claim, or applied for contributions-only ESA and continued with the joint JSA claim. Everyone I spoke with at the DWP had a different opinion on what we could or couldn't do; the JSA 6 option seemed like the least disruptive.

    My husband has received a letter today confirming that he will be awarded Carer's Allowance. We already receive a carer's premium in the JSA payment, & we understand that the JSA will be reduced by the amount of the Carer's Allowance. I do however have questions as to what happens next with my husband's JSA claim.

    I understand that he may be able to make changes to his JSA agreement, given that he will be in receipt of Carer's Allowance. Are there likely to be any other changes, or other options? Should we, or will we have to, move to Income Support, and what implications are there likely to be if this happens?

    Many thanks for any help anyone can offer.

    Ren


  2. #2
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    He can make a claim for IS for himself and you as his partner, you should end up with the same amount of benefit, and the help you receive with your mortgageicon would stay the same.
    He would not need to sign on but this would mean that his with stamp would not be credited.
    Make an appointment with welfare rights.


  3. #3
    Basic Account Holder Ren41 Novitiate

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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    Thank you for the information, Mikey. But who is welfare rights?

    Ren


  4. #4
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    Hello there. Mikey may not be around again until this evening. You would normally contact Welfare Rights [if they're in your area] through the local council helpline or website, or maybe the CAB. They're good guys, judging by people's experiences on this forum.

    HB

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  5. #5
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    Thanks, Honeybee. It seems to me from Mikey's answer that the only difference in changing between JSA and IS is likely to be the NIS stamp. Could he pay it himself? I don't know how much it is - as per my original post, we have been paying class II & IV for many years.

    Ren


  6. #6
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    Sorry, I don't know that sort of stuff. You need one of our gurus to turn up later. It's worth trying Welfare Rights as well, I think.

    My best, HB

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  7. #7
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    http://www.nidirect.gov.uk/carers-credit

    It would seem your husband would get this class three credit whilst on CA.


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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    Hi Mikey

    yes, I thought I had read that somewhere.

    Have tried to call the CAB to get an appointment, as it looks as though the welfare rights specialists work through them, but annoyingly they have a message this afternoon saying - not surprisingly - that they are experiencing a high volume of calls. It's a local number so costs money just to get the message, I preferred it this morning when I was getting the engaged tone. I shall have to try & go in on Monday.

    We had hoped that we could regenerate our business long before this, but have been hampered not just by the recession but my inability to work most of the time, my husband's having had 3 operations in the last 3 years, and the DWP's less than helpful attitude at times. It's quite clear that no-one wants to employ people of our age and level of experience, let alone my state of health, and I was actually told once that if I was questioned at an interview and mentioned my illnesses or that I couldn't work a full day, our JSA would be stopped. We were also told that if we spent any time trying to get business going, our JSA would be stopped. I don't want to be on any of these benefits, but we clearly have to be to survive and IS looks like a better alternative than JSA, as far as I can see.

    Ren


  9. #9
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    Hi Ren,
    I cant tell you what to do in respect of your benefit claim, but I process I.S and given your circumstances with your ill health and your husband caring for you then I would say you would be better on IS because your husband then could concentrate on the most important job at the moment caring for you.
    Benefit wise you would receive the same amount as your on now, if indeed your are on JSA IB based.
    Its easy to switch benefit, maybe wait untill after your husband receives his benefit then the same day phone the contact centre and make the claim to IS, its should be an easy switch over.
    You will have to make a claim for your mortgageicon again on the new IS claim and maybe fill out a new mortgageicon MI12, the form you give to your building society, but dont worry there will be no gap in your mortgage payments.
    Good luck in your decision and if you want further help we are all here


  10. #10
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    that's lovely Mikey, thanks. I think the IS would be better (and yes, it is income based JSA) from what I understand; everything does seem to mess up the system though, and twice our mortgageicon payment has gone wrong for random reasons - the last when I claimed DLA, and our JSA also stopped, we had to chase it.When I called to enquire about it they said it always did when someone claimed a different benefit, just in case it was a conflicting benefit. I would have expected their system to be sophisticated enough to check that sort of thing automatically & flag it only if they did clash, but clearly not! We have of course been penalised because they count as 'late payments'.

    So, call on the day the benefit arrives, not on the day he's signed on?

    regards

    Ren


  11. #11
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    I would phone up the day after signing then it should work out as no break in your claim. The date you phone the contact centre will the date your IS claims goes from this is called your IDOC date. When you have completed your form over the phone then inform JSA you are making a claim to I.S. Has your partner definately been awarded Carers Allowance because if he has then your claim to IS will have no problems.
    The mortgageicon side may have a bit of a hiccup whilst you transfer benefits but there shouldnt be a gap, I would inform your building society of the change over of benefits and at least they should then be patient whilst its sorted out. They will get their payment

    The problem with the DLA and JSA is the system. DLA put a download onto the JSA computer system informing them that there has been a new or change of rate of DLA, this stops the payment going out usually not noticed untill you inform the department you have had no money. Its not intentional these downloads are usually cleared but sometimes they are missed ;


  12. #12
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    Hi Mikey

    yes, letter says he is entitled to CA, full award notification with detailed info will follow & will be sent on or around 25/10 - as they need to check it against JSA payments first, presumably.

    So should we wait until then, do you think? Sorry if questions are inane!

    many thanks

    Ren


  13. #13
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    hi Ren,
    Carers have to send a recovary for benefit to JSA before they can start paying the benefit,
    So in light of this then I would say yes. Phone and make your claim the day after your husband is due to sign on after the 25th October..
    In other words after the 25th has passed and after his signing on make the claim to IS
    This will make your claim to IS a lot easier. You should get your first Carers Allowance on the 25th October making it live in payment whe your IS claim is made. A lot easier to process for IS as the Carers Allowance recovary has been done already.
    Its hard to explain to you the recovary bit
    But the hard part would have been done by JSA
    Your payday for IS will depend on the last two didgits of your husband NINO, 01- 20 Mon, 21-40 Tuesday 41-60 Wed 61_80 Thur Fri 81_99 and its paid two weeks in arrears.


  14. #14
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    Hi Mikey

    Yes, I understand that the Carer's Allowance element is removed from JSA, so although my OH has claimed for CA back to June which is when my DLA dates from, he won't get anything backdated for that period as it's already been paid to us via JSA.

    Let's hope it's as easy as it appears! I can see it should be as it's all DWP, albeit different departments, but I remain sceptical - I'll keep you posted!

    Again, thank you for your help.

    Ren


  15. #15
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    sorry Mikey just another question

    he's reminded me that he's been asked in for a 'New Deal' interview on the 26th, his signing on day - should he r call to cancel it, or will that be counterproductive and confuse things? Should he just attend it?

    thank again

    Ren


  16. #16
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    he needs to sign on to get the full two weeks JSA before he makes his claim to IS. He could go to the New deal meeting and then tell them he is claiming IS from the next day, or he could ring and explain.

    You will get arrears from the carers recovary even though its been off set by JSA. If the period CA has been backdated is from June and hes getting the CA awarded from October it works out at about 30 per week, so count the weeks from the award in June to October and times that by thirty pounds and that will give you a rough amount due


  17. #17
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    Sorry, not a new deal interview - a Gateway interview.

    Ren


  18. #18
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    Thanks Mikey

    I expect he'll call & then sign on at the normal time, so they can free up the interview slot for someone else.

    Ren


  19. #19
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    Good luck with your claim to Income Support


  20. #20
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    Default Re: Advice please - Income-based JSA/DLA/Carer's Allowance

    thanks Mikey, will let you know.

    Ren



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