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Jobseekers allowance: Appealing against a claim. Confused :(


lulu90
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Hey all, I was wondering if anyone could give me advice about the situation i'm in. I have no clue how to go about this problem at all.

 

Firstly, I transferred my claim to West sussex on the 2nd of September 2010 when I moved to the area from East sussex. This was finalised on the 6th of September when I had to go into the jobcentre to give in transfer forms plus evidence of any money coming in i.e. my partner’s student finance letters.

After this I signed on at the jobcentre on Monday 13th September in which payment should have been in my bank account on the following Thursday, in which it was not.

I called up the Jobcentre the following day to explain my concern and someone called back at 2.15pm to discuss what had happened.

The man that I spoke to told me that I wasn’t getting paid because of my partner’s student finance in which he gets £3564.00 paid to him for the academic year 2010/2011 and a further £3225.00 gets paid to the University for tuition fees straight from student finance. I was further told that I wasn’t getting paid because my partner is apparently getting £267.99 per week, which is not correct at all because the £3,564 he gets from student finance equates to only £68.54 per week.

The man who I spoke to on the phone advised me to write in a letter about my claim because he thought that head office have included the amount that gets paid to the University as income, even though my partner does not receive this money; it goes straight to the University from student finance, for tuition fees. He only receives £3654 over the year in three separate payments, which are as follows:

06/09/2010 - £1176.12

17/01/2011 - £1176.12

25/04/2011 - £1211.76

(I previously gave evidence of this money when I transferred) I sent this letter on the 17th September.

 

After this, I received a letter on the 14th October (with various calls inbetween this time to try and find out what was going on but to no avail) still stating that I wasnt getting benefit because they still thought I was getting £267.99 per week. I rang up later on that day in which they told me that they would send me an appeal form so that I could appeal. I received this on the 18th october and filled it out and sent it back on the 21st October.

 

I don't understand how they keep telling me all this. I have no other income whatsoever, no savings or anything.

 

Does anyone know how long it takes for them to get back to you after you've sent an appeal off?

I just feel a bit lost since all this has been going on. It's so difficult for me and my partner to live off his university loan as this is only designed to cover his accomodation/food etc. and is not sufficient to cover two peoples needs.

 

Sorry i've gone on a bit.

Thankyou to everyone in advance who can give me any advice.

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I have tried to work out for you where they get the £267.99 figure from and I cant, Usually a student loan grant is worked out a bit like this. All tution fees paid direct to the University should be disregarded, then a further disregard is given for books and travel, and then a further ten pounds disregard is given on the final amount so, his £3.6k student loan, or just under should have the disregard for books travel taken off fiirst , you can look up this figure, it should be on the Net somewhere, then that figure is diivided by 39 weeks, but this can depend if he is first second or third year, but its a guidance for you.

Then knock of your £10 and thats the figure that should be used as household income.

 

Sometimes a basic student loan can knock someone off I.S and depending on your age, the youger you are the less JSA you will get it may still do. Where you entitled last year.

 

The only other problem you may have is that they may think he should claim an allowance for you on his grant. If this is available and he has not taken it up then they can assume it.

 

I dont know how long the appeal can take but I think you would be better asking for a reconsideration of the decision first. Basically this means another processor has to look at the claim again and see if they get the same result. You are entitled to this, so I would maybe write everything down, go to the Jobcentre and ask for this.. Your appeal will still go on but if someone else looks at it for you they may see the error if there is one ,

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I wasn't living with my partner last year and he is in his second year now. I have been claiming since December last year.

 

I have already had a reconsideration, this was through the letter that I sent to them explaining everything but obviously nothing good came out of it.

 

I will try working that out and see if it matches how much they think i'm getting.

 

Thankyou for your time (: It's very much appreciated.

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Then if its second year then it will be taken into account from the first week in Septemeber to last week in June,

this is always roughly 39 weeks. So find the disregard for the books etc and travel knock that off his grant. Then divide it and then knock of the ten pounds disregard that is applied by the DWP, this should give you the weekly figure they should use.

I dont know how much JSA you were on but take that figure minus the figure above and that should give you the amount of JSA you should get lol. Assuming he isnt entitled to claim an allowance for you on his loan. ;)

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