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New claim for IB-JSA messed up by WTC 4 week run on period??


Midnight Tboy
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Hi there.

 

Stressful times ahead...lol....

 

ok so heres the basic background.

 

I am 33, live with my partner (not married), and we have 2 children together, 2 and 5, in a rented house.

 

For the past few years I worked, as a contractor through an agency, for the NHS, on 2+ month contracts that rolled on. I was paid by my agency through an umbrella company (not by choice - agency insisted it was either that, or by me setting up a limited company), and I've been in receipt of working tax credits.

 

We have around 2k in total savings (and of course plenty debts to offset it)

 

Now at the end of July, for this particular NHS, due to the cuts, all the contracters were released early.

 

I then started the process of claiming Income Based JSA, as I believe this is what I was best for and entitled to.

 

3 Days later however, I was interviewed and accepted a job with a different NHS PCT on an 8 week contract (since extended to 11weeks)....and so I was only signing on for the 1 week, so signed off more or less straight away

 

A few weeks later, we received a letter through the post, saying the claim was successful etc...and that I would be £65.45 per week...though obviously was only a few days worth I'd have received.

 

I was confused to this, as I was under the impression that with me living with partner and having 2 children, we would be getting a little over £100 per week, until I noticed they'd put me onto CB-JSA instead of IB-JSA.

 

I called them up to query it anyway, and the reason they said it went to Contributions Based JSA was because after leaving work, I get a 4 week run on period of Working Tax Credits....and so they have to put it to CB-JSA as (in their words) "Its in my best interests as I receive more that way".

 

I wasn't overly bothered at the time, just curious, as it did not matter, seeing as I was back in employment.

 

Anyway......I have just worked my final day today of the 11 week contract, so tomorrow I will be needing to make, I believe a rapid reclaim.

 

My concern is this.......

 

Presumably.....I will still get a 4 week run on for Working Tax Credit (as presumably anybody who works and entitled to it would get)

 

Now that would mean then that they will insist that I receive CB-JSA and not IB-JSA as its "in my interests"

 

Now that is and sounds fine for while those first 4 weeks of automatic run on of WTC are paid...that I am paid the lesser amount.

 

BUT....CB-JSA lasts for 6 months if I read it correctly, Working Tax Credits are only paid for the 4 weeks period after leaving a job.

 

What does this mean will happen after the 4 week period of working tax credits has stopped? Will I be forced to continue to get CB-JSA?

 

Which will ultimately mean, that even though I have low savings, a partner and 2 children, only be entitled to a single persons allowance of £65.45 per week, instead of the £100+ per week for a full 6 months?

 

Or once the WTC run on period ends, do they automatically re-assess my benefit?

 

I don't quite get how this will work because of this WTC run on period causing the problems, which is stressing me out at the moment, as money was going to be tight, but potentially now way tighter than I'd at first anticipated

 

Hope you can help,

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What they told you is absolute tosh. Contributions based JSA has nothing to do with tax credit income. It is based solely on your national insurance contributions in the qualifying years. If you have paid sufficient national insurance contributions in the qualifying years, you will receive contributory based JSA and can't "opt" to receive income based JSA instead, nor can DWP choose to place you on it. They can only pay income based JSA if you haven't paid sufficient contributions in the qualifying years, or after contributions have exhausted, or in the circumstances described below.

 

However, as your partner is not working and you won't be working, your contributory based JSA of £65.45 per week can be topped up with income based JSA to take you to your full "couples" entitlement.

 

Your savings of £2000 are below the lower capital limit so won't affect the income based part of the claim. You would not be entitled to the income based part of the claim during the "run on" if the income you receive from the run on is higher than the sum of income based JSA, but will remain entitled to the contributory part of £65.45.

 

Once the run on has ceased, and your household has no income save for the Child tax credit, child benefit and the contributory based part of JSA, and your capital limit remains below £6000, you would be entitled to the income based element to top up your claim to the couples rate of £100.75 per week.

 

Hope this helps and best wishes,

Erika

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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Thank you Erica....

 

that was very very helpful information and you have put my mind at ease about it.

 

Can I ask you though please, after the run on period has ended, is this something I will have to approach them to ask for myself, or will my payments be automatically 'topped up'?

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If the end period is known by the processing office then they can input it into the system and it will automatically change the allowance. If you want to check that you can contact the processing centre and ask them to tell you if this is the case.

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thank you both for your comments.

 

Thats one less thing to worry about :)

 

Feels like I have a humongous list of jobs to do over the next few days (on top of jobs need doing around house etc - so good opportunity to also catch up)...so one less thing to have to worry about :)

 

Tuck

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Glad that your mind has been set at ease. The benefits system is not easy to navigate

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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