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JSA -am i entitled to payment


reginald77
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hi,

i had a career 6 years ago which i had been in for 12 years but had a stress episode and rather than taking me back was ill health pensioned off.

i sat around for 2 years doing nothing but occassionally helped at my mother's shop-i claimed no benefits.

i got bored so looked around for a job-got a job as a team leader, started gettin harrassed (put up with it for a year) then spoke to management and took a paycut to change shifts. lasted a further year but the atmosphere didnt change so i left the job. i was in this job 2 and a quarter years.

 

i looked on the benefits website and after entering my details including the pension it said i may b entitled to contribution based JSA. i went for introductory interview and everything seemed fine-took info off me and photocopies of my information. next day i received a letter saying i may not b entitled to it because id left job voluntarily and they would assess situation. i put in letter i was gettin harrassed, id informed management ,even switched shifts. i left it over 6 weeks before applying for JSA after leaving job which my mother said i had to if i was 1 leaving the job as opposed to getting sacked. thought no more of it.

i went in to do my fortnightly sign on and was informed i was not valid for JSA because my pension exceeded the JSA. i am of the opinion that this should not matter as i had worked for over 2 yrs in my last job, i am employable age and am actively looking for employment. i think they are looking for excuses not to pay me and are viewing it as whether i need the JSA as opposed to whether i am entitled to it.

am hoping someone in the know might be able to advise me or tell me where i can seek advice. many thanks

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A pension can indeed affect a claim to contributory based JSA. If the pension is over £50 per week JSA is reduced pence for pence.

 

Leaving employment can also affect JSA entitlement. You do not have to wait 6 weeks between resigning from employment and claiming JSA. Although the DWP can sanction benefit for voluntarily leaving employment (up to 26 weeks) the sanction, if they are going to apply it, commences after you claim JSA, not prior to it.

 

Info from dwp here and here

 

sanction info here.

 

Info from CAB here

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)

 

 

 

 

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With any claim to Jobseekers Allowance the government will look at both whether you're entitled to it and whether you need it. Contribution based benefit is not affected by savings or having additional properties to where you live but it can be affected by having a pension or wage coming in.

 

They are also obliged to investigate issues such as the reasons for any jobs that end in the last 6 months. They can sanction a claim for up to 26 weeks if it is deemed that for example you left without good cause (not that I'm saying you did, I'm merely expanding a little on why they would check up on such a matter). What your mother said is unfortunately a common misunderstanding, the best course is always to put the claim in and see whether a sanction will occur, at least then you know for sure.

 

I'm a little surprised that it was at your fortnightly interview that you were told of the outcome of your claim though. I thought that this usually comes in the form of an letter outlining the decision and reasons behind it but I could be wrong. Perhaps they were using their experience to advise you of the likely outcome?

 

Anyway should they deem your pension too high you can continue to claim JSA, but rather than receiving any financial help your National Insurance Credits will continue to be paid and you can still attend the jobcentre and avail yourself of the support they offer.

 

Edit:

 

Beaten to the point again by Erika, its becoming habit or something! :p

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As both Erika and Privatehudson have said contribution based JSA is affected by an occupational pension. If your occupational pension is in excess of £50, your contribution based JSA is reduced penny for penny by the remainder. This may seem unfair but this is the way it is calculated.

 

The reason they look at how, why and when your job ended is because its not deemed to be the job of the tax payer to support you when you willingly give up work, they do look at the circumstances and speak to your employer as well as yourself to make sure they are aware of all the relevant details and then make a decision. Again this may seem draconian but unfortunately these conditions of your claim are subject to the rules and laws used to establish eligilibilty and entitlement to benefit.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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