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JSA/Community care grant issue


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Hey all, I've just moved into a flat, with no carpet, bed, washing machine, cooker etc. In the Community care grants infinite wisdom, i would have been awarded one, if it hadn't been for the fact i was apparently on contribution based job seekers allowance, which as far as i am concerned is just not possible? I got a letter stating i was on Incomebased originally and now the bugers won't pay up.

 

Anyone got any specific details on exactly how much you have to earn to get contribution based. I will find every little bit of detail I can to fight this, but unforutnatly alot of the documents are very non-specific frown.gif

 

Any help would be greatly appreciated smile.gif

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If you call your Benefit Delivery Centre, they should be able to tell you which form of JSA you receive. But basically, the rules are:

 

The last three tax years are considered for JSA. If you claimed originally in 2009, they will be the tax years 07/08, 06/07, and 05/06.

 

You will be paid JSA (contribution based) if:

 

1) In any one of those three tax years, you actually paid (as opposed to being credited with) National Insurance contributions on an income that was 25 times the weekly Lower Earnings Limit. The LEL changes annually, but it will likely be around £80 - £90 per week for those years;

 

AND

 

2) In the latest two relevant tax years, you paid or were credited with contributions on 50 times the LEL for the relevant tax year.

 

You will be credited with contributions if you receive certain benefits, including JSA, ESA, IS and IB.

 

If you think that Jobcentre Plus has made a mistake, you can talk to them or to HMRC, who are responsible for maintaining your contributions record. This post is a bit oversimplified, but without knowing more about your circumstances, there's no point in boring everyone with the detailed laws.

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Unfortunately you would not get the decision overturned if it is contribution based JSA you receive, as a person must be in reciept of a benefit which is payable by DWP and income based in order to satisfy the "qualifying benefit" criteria of a Community Care Grant.

 

Of course you still have the right to ask for a review but a review can only overturn a decision if the directions have not been applied correctly. The conditions of a claim cannot be set aside.

 

However - I notice that you said originally you got a letter telling you that you were in reciept of Income Based JSA. What I would do is as antone suggested - contact the office that pays your JSA to find out exactly what type of JSA you are recieving. If it does turn out to be income based, ask for a review of the CCG straight away.

 

There is obviously something on the computer which leads them to believe you're in reciept of contribution based, but something doesn't sound right to me. One thing you can be clear on. If you have been getting JSA for more than 6 months consecutively, it definately isn't contribution based, because conts based is only payable for a maximum of 6 months. consecutively.

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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