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Denied Contribution based JSA - please help


sarah1980
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Oddly similar to the previous poster, I am also a company director and have had to close down the business due to the recession. However, my other half is employed full-time so I don't qualify for income-based JSA. I was told that I would qualify for contributions based JSA on the basis that I have been employed and paying Class 1 NICs for the past 2 years (continuously). I went through a lengthy telephone interview where I gave the various dates of employment, salary etc. They set me up with a Jobcentre Plus interview and after this I have been signing on.

 

Today I received a letter telling me that they are actually unable to pay me any JSA as I had not paid enough Class 1 NICs in the relevant years. Now here is the thing - we are in tax year 2010/11, therefore the previous 2 tax years are 2008/2009 and 2009/2010, correct? Seemingly not so. I was self employed up to Feb 2008 you see, so until then I did not pay Class 1 NICs and had not done so since 2004 (when I began self-employment).

 

Is there anything at all that can be done? I realise my other half has a wage and we are thankful for that, but it doesn't change the fact that I used to contribute 50% towards the household bills and now am unable to contribute anything!

 

I have never been out of work before, never claimed JSA so I don't really know what I am doing but am praying that all my years of faithfully paying taxes and NICs will somehow be repaid in kind at a time when I need it most.

 

thanks in advance.

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The relevant tax years are the two complete tax years preceeding the current benefit year. A tax year runs from April, a benefit year commences in January. Therefore the relevant tax year for a contributory based JSA claim which is made in the year 2010, are 07/08 and 08/09. The tax year 09/10 will not be relevant to JSA © until January of 2011.

 

I'm afraid that unless you have paid sufficient contributions in 07/08 and 08/09, your claim will not currently satisfy the eligibility conditions.

 

Have you looked at the benefit checker to find out if there may be other benefits you could be entitled to? If not, it's 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

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Hi, thanks for the quick response. I didn't realise the benefit year ran from Jan, that seems a bit silly considering everything else is April-April! And I can't understand why they ran through the whole interview with me when I wasn't eligible. Very frustrating. Thank you also for the other link, yes I did that already and there is nothing else I can claim for. I am just going to have to keep applying for jobs, I have applied for some and had a couple of interviews but there are so many others looking for work and I have been told I am over-qualified (although I don't actually hav any formal qualifications, or even a Uni degree - crazy!).

 

Thanks again for the reponse.

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I can explain about the interview. Your interview is your initial claim; the people who you deal with at this stage are there solely to take your claim. They don't have the access to your NI records, and aren't in a position to advise on entitlement or make a decision on entitlement. When a claim is complete, it is sent to the Benefit Delivery Centre where someone known as a "Decision Maker" will consider if a claim satisfies the eligibility conditions. Notification of that decision then must be issued to the claimant, along with information on how to appeal against the decision.

 

The jobmarket is a tough place to be at the moment, I agree. I wish you all the best though with your jobsearch, here's hoping you find something soon.

 

Remember if you haven't suceeded in securing employment by January 2011, the tax years for contributions purposes will have altered and you should submit a new claim for JSA.

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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They ran through the whole interview because the person taking your claim doesn't have the information needed to see whether you qualify on the basis of contributions. They're also not necessarily trained on the details of each benefit, and I think that many of them take claims for more than one benefit.

 

Also, there is the issue of NI contributions. If you continue to claim you won't get cash, but you'll get NI contributions credited to you, to help protect your entitlement to a state retirement pension. It's up to you to decide if this is worth the hassle - you would need to claim income-based JSA if you haven't already done so, and of course you would have to sign on, follow Jobseekers Directions if they issue you any, and jump through the usual annoying hoops.

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Thanks so much everyone, sone really helpful input there. As for income-based JSA, the people I spoke to initially on the phone (who went through the lengthy interview) said I couldn't apply for this as my husband is employed full-time. Do you think this is correct?

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It does tend to be stated if a partner works in excess of 24 hours per week, that the couple won't qualify for income based. If the household income (excluding any child related or disability benefits) is more than £102.75 per week, then the household has more than the personal allowance for a couple and you won't qualify for income based.

 

They also look at savings for an income based claim. Anything in excess of £16000 disqualifies an income based claim. Anything between £6000 and £16000 reduces the benefit by £1 per week for every £250 or part of £250 between the two figures.

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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[

I have never been out of work before, never claimed JSA so I don't really know what I am doing but am praying that all my years of faithfully paying taxes and NICs will somehow be repaid in kind at a time when I need it most.

 

Are you kidding the dwp don't care how long you've worked even if it's a century long you'll still won't get nothing I've been working for 27 years and had to stop through ill health it took five years before they paid me the Premium even that they want to take off me and put me straight back on JSA basic rate.

 

I wish you luck

 

 

take care

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