Son's JSA decision affecting our Benefit

[mgzteed]

Until recently my 20 year old son was in full time education.

 

That ahs now been reduced to 1 day per week.

 

Additionally he works part time in a local cafe anything from 5 to 15 hours per week.

The hours are very erratic, he's done nothing for the last 16 days but will be working for 3x6 hours from Sunday.

 

He applied for JSA who during the 7 weeks he visited them decided he was earning over 16 hours per week and was not allowed benefit.

 

I've spoken to his employer and she confirms in the time under question his average hours worked were under 2 per week.

 

Now my local council have given me 14 days to prove my son is still at College and also to provide sufficient evidence of his weekly earnings,

as they have been informed by the benefits office that he is earning and his income will affect our benefit.

 

Unfortunately my son feels alienated by the alck of assistance at the jobcentre and refuses to go back,

 

to sort out what I feel are inaccurate decisions.

Any advice.

[insyder]

I've spoken to his employer and she confirms in the time under question his average hours worked were under 2 per week.

 

What period in question is it? The usual method is the last five payslips for variable wages so that implies that your son has worked less than 10 hours in 5 weeks. It looks like although he hasn't worked in the last 16 days he may have worked much more before that in the period the processing centre are looking at.

 

Can you fill in a bit more for me?

[mgzteed]

Thanks, for asking.

Her figures, his bosses, are :

last week 0 hours

previous week sun 4 hours

previous week mon 5 hours

previous week 0 hours

previous week , sun, 4 hours

Previous week sat, sun, mon, tues, 20 hrs

previous week 10 hours

previous week 0 hours, previous week 0 hours

 

any help ?

Edited May 6, 2012 by mgzteed

[insyder]

Okay, well the last five weeks would be 13/5 = 2.4 hours a week - this applies for weekly paid.

 

For a monthly paid, the last three months would be taken into account so we'll use all the figures you've supplied

 

33/8 = 4.22 hours a week

 

Unless before that he was doing a larger amount of hours and they are taking that into consideration and it brings him over 16 hours a week (this isn't even an option as he would have to have been doing 192 hours in 12 weeks - in other words in one month he would have worked 159 hours, 39.75 hours a week)

 

So it's not the average wage they are looking at. It may be that your son is considered to be still employed even on a 0 hours a week contract.

 

I think you need your son to contact the processing centre and ask them on what basis they have decided he is doing over 16 hours a week work.

[mgzteed]

No he rarely gets more than 2 days a week work and usually they6 are on sat and sun, sunday being a short day. It might get better during the summer months but he went to the jobcentre because College had finished, he thought, and he had worked for 5 hours in the previous 3 weeks. Then of course when he went he found that he 10 then 20 hours of work and college decided he had to return for 2 days a week.

I have tried to persuade him to complain but he will not.

Now all I have to do is sort out the council re our benefit

[insyder]

It's a difficult position to be in but you should try and persuade your son to contact the processing centre, not to complain but to clarify, and your son needs to know that this could well cause you problems. I hope that the council rate your benefit correctly.