JSA firs tthree days denied

[wishface]

I havejust had my first proper signing session following the start of my claim on the 3r (the interview was on the 4th). In the process of verifying my bank details it turns out that i won't get paid for the first 3 days of my claim. I was told this is standard practise now (since when I don't know). Is this right? That's a significant sum of money to arbitrarily deny someone for no apparent reason. The letter i got at the start of the week telling me my claim has been processed and that I can receive JSA makes no mention of this either. This can't be right, surely?

[Aviva]

I was on JSA for a few months over 10 years ago and my first 3 days were not paid then. So it's not a new thing.

[mixtrixx]

I havejust had my first proper signing session following the start of my claim on the 3r (the interview was on the 4th). In the process of verifying my bank details it turns out that i won't get paid for the first 3 days of my claim. I was told this is standard practise now (since when I don't know). Is this right? That's a significant sum of money to arbitrarily deny someone for no apparent reason. The letter i got at the start of the week telling me my claim has been processed and that I can receive JSA makes no mention of this either. This can't be right, surely?

 

 

Hi,

It's almost certain that your claim will only be payable from the date in which you fill in a Jobseekers Agreement form which clarifies that you agree to undertake the requirements neccessary in order to be elegible for Jobseekers Allowance. Where this same agreement (until signed by both you and an employment officer \ personal adviser, is where you actually confirm that you are actively seeking work. Therefore it may only be payable from the day in that benefit week to whuch you declared yourself as being available for work.

 

If you have been required to provide evidence in that you can show that you have actively been seeking work, or have actually made yourself available for work from day 1, then I can see no reason as to why you should not be entitled to claim for those 3 day's in question.

 

However, that said, I am in no way an expert on the benefits system yet, but I can tell you that you will need to keep a close eye as to what they are doing with regards to payments. I have recently been stopped 1 weeks JSA money after signing on 1 day later then I should have, after I had my days changed from a Tuesday to a Monday, which I had been previously signing on for for a few years, so it was my mistake, and I fully admit that, but to be penalised 1 weeks pay over a smple mistake in signing on 1 day late is way too harsh, (especially considering that this was the first time I had "caused" such a dispicable offence.. I would not of minded, but if it was that they were suspecting that I was working on the side, in which the "doubt" was raised, then I would of made sure I continued working that full week to make back the money they stopped had I of know it was going to be that harsh!

 

You have to be very careful with these people, 9 times out of 10, they hide behind the Governent abd don't guve two tosses who's lives they mess up in the process, it's just them looking after number 1.

 

So, with that in mind I would definetley get more then 1 or 2 peoples opinions on the issue, you may even be able to get a direct answer to your question if you simply phone the CAB. Either that, or do some Deep Underground Google Searching on Jobseekers Regulations. The only one other piece of advice I can give, is that you should never take what the job centre tell you at face value, and some people may criticize me for saying that, but obviously I have my reasons, and evidence to suggest there's alot of shady stuff going on, but of course, who in their right minds will go up against the government lol no win situation really.

[Nystagmite]

It does tell you on the letter that they can't pay you for the first 3 days.

[ErikaPNP]

The first three days of a JSA claim are known as "waiting days" and no money is payable during this time - but there are exceptions - as outlined below.

 

Claimants do not have to serve waiting days if:

1.their entitlement to JSA begins within twelve weeks of the end of their entitlement to IS, IB, ESA or CA or

2. they are young people who are only entitled to JSA because of a severe hardship direction by the Secretary of State or

3. they claim JSA and an award cannot be made because the claimant or their partner has an existing award of IS or JSA and the DM ends that award by supersession on the day immediately before the date the award on the new claim takes effect

 

(my emphasis)

 

It's in the Decision Makers Guide, paragraphs 20901 - 20904. If they are relying on the old version then they need to read the version amended in October 2009 - which is the one that I have linked to.

 

Legislative Sources:

Jobseekers Act 1995, schedule 1 paragraph 4

 

Jobseekers Allowance regulations 1996 - reg 46

 

If I remember you correctly, wishface, you have claimed ESA within the last twelve weeks. You therefore should not have to serve the waiting days.

[antone]

Noting Erika's qualification as above, yes, it's correct and has been standard since the year dot. In the time I worked for the DWP I was never able to get anyone to give me a satisfactory explanation as to why it's done other than "well, it's always been that way".

[caledfwlch]

Maybe it has some obscure origin in a time when jobs where a lot more prevalent, and people would often secure new employment within those three days?

[MIKEY DABODEE]

Same on old IB cases and SSP claims you dont get paid for the first three days, dont know about ESA

[antone]

Same on old IB cases and SSP claims you dont get paid for the first three days, dont know about ESA

 

ESA is the same, subject to the usual rules about linking claims.

[ptol]

going back to the dark ages, when it was income support (IS) and unemployment benefit (UB). (if you had NI contributions you qualified for UB and got more money as a result) but the first 3 days of UB was not paid, so if you didn't have savings, you claimed IS for those 3 days. However when JSA was introduced, both the extra money for contributions was lost, and the 3 day wait was applied to people who had no savings.

 

Hlowever, the extra £10 you got from being on UB was then docked from your housing benefit and council tax benefit, so you felt little real benefit for being on UB.

[flumps1976]

The 3 days waiting period actually stems back to when welfare payments first started. It was to stop people finishing work on a Friday then walking into the welfare office Friday afternoon to claim welfare payments during the weekend before returning to work on the Monday morning!

[liggy0]

ive just come off esa benefit after numerous operations but now im fit for work again, i phoned them on 17th of september to tell them this and a new claim was set up for jsa. my last esa payment was on the 17th monday, and my new claim has carried on from then without any breaks in claim, so my next payment was due on monday the 1st of october, but because ive switched benefit to jsa they have told me that i have to sign on on monday the 1st but wont get a payment till thusday the 4th i asked them what i will recieve they said two weeks money, so i explained that recieving my payment on thursday the 4th would mean that its 2 weeks 3 days since i last had any money, theyve told me thats just the way it is , so i have lost 3 days benefit because of this, i told the man on the phone i should of just changed over benefit on thursday the 20th from esa to jsa and maybe i wouldnt have lost any money he said it would not have made any difference.