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Jsa Conts Claim - Backdating??

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Hi there

 

I am posting this question on behalf of my brother.

 

He was made redundant in the middle of october by his employer. At the time they informed him he would receive 4 weeks lying time, therefore being paid until the 19th Nov. During this period he was very actively seeking employment and attending interviews etc. He then contacted the jobcentre plus to apply for JSA Conts on the 19th nov as he thought this was when he was getting paid till.

 

The problem is that he has since been told by his previous employer that they are not paying him after 21st oct, they have lied to him but as he has nothing in writing he cant prove the previous conversation. so has had no further wage from them.

 

He wants to apply for a backdate in his claim for jsa as he was actively seeking employment at the time but just didnt apply sooner as he believed he was still employed until the middle of nov. Will the above reason be considered "good cause" to claim this backdated JSA.

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Did his employer give him a letter telling him how much money he was getting and what it was for? eg holiday pay, redundancy pay (stating so many years at x amount), notice in lieu etc? It should also say what he paid tax on and what he didn't?

 

I got this when I was made redundant and Job Centre asked for it so suspect his employers should have given it to him.

 

The experts will come on later and tell you definately but I don't think they'll backdate his JSA. The policy seems to be sign on as soon as you are redundant and they'll pay you when you are entitled. I didn't sign on soon enough either and missed out. Its difficult to know what to do when you've never claimed benefits before.

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Thanks for your reply. It seems a shame he wont get it when he really does need it and isnt screwing the system if you know what I mean.

 

No he got nothing in writing until last week when he got his wage slip and a compliments slip detailing what was included in his last wage, i.e. holiday pay etc.

 

This is when he called his ex boss to query this and he denyed ever saying he would get 4 weeks notice.

 

Luckily he got a job offer today so wont be too much longer but just want to know whats best to put on the backdate form. I know for housing benefits "good cause" is shown to be illness, bereavement etc but dont think this is the case with jsa as you have to be fit for work.

 

ANY ADVICE IS APPRECIATED....thanks

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Getting Jobseeker’s Allowance backdated

 

You may be able to get some Jobseeker's Allowance for a period before you make your claim if you could have claimed earlier and have reasons for claiming late. These have to be particular reasons laid down in law which are accepted by the Jobcentre Plus office, for example, you have language difficulties, or you were given wrong advice which made you think you wouldn’t get any money. Getting benefit for a period before you claim is called ‘backdating’. You will not get any backdated benefit just because you did not know that you could make a claim.

If you do have one of the accepted reasons for backdating your claim, your Jobseeker's Allowance may be backdated by up to a maximum of one or three months depending on the reason you failed to claim earlier. You will have to show that you met the entitlement conditions throughout the period of backdating, including being available for and actively seeking work. You should explain that you are claiming backdated Jobseeker's Allowance, and why, on your claim form.

If you want to claim backdated Jobseeker's Allowance, you should consult an experienced adviser, for example, at a Citizens Advice Bureau.

 

 

Found that but doesnt seem to fit your circumstances but it may be worth ringing CAB

 

congratulions on the job offer, hope it goes well for him :)

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I don't understand re his employer. did he work his month notice or did he get a month in lieu of notice?

 

Might be worth a quick call to ACAS to check he got what he was entitled to.

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Under the circumstances you've given your brother would not be allowed to backdate his JSA claim. The valid reasons would be something like attending a funeral of a close relative or severe weather conditions that affected telephone calls. I used to process JSA claims and can honestly say other than when we made the error no one was backdated as you really need a very good reason. Frustrating for people who have never claimed or don't understand how the system works, and people like your brother who was misinformed by his employer. Good to hear he has now found work, and hope that it all goes well for him :)

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