My partner and I are due to attend disciplinary hearing for Gross Misconduct - Help Please

[darkobird]

Hi,

 

 

My partner and I work for a Local Authority and and we have both been suspended from work 6 weeks ago due to sending of emails and internet use.We have the hearing in a few weeks and I am preparing myself for the worst.If we are both sacked will we get JSA ? We have a baby and a 7 year old so Im very concerned with what we are going to live on, we have one more payday left but most of that will go to debts etc.

Im aware its all our own fault but if anyone can give us some advice re benefits that would be a great help.

 

Thanks

[darkobird]

Hi,

 

 

If I am sacked due to Gross misconduct and apply for another job and they get a reference, will my old employers tell them thst I was sacked and why ?

Thanks

[honeybee13]

Hello and welcome to the forum.

 

I think they probably would declare that on a reference, but other people here know more than I do.

 

Has this already happened or are you going through the disciplinary process?

 

My best, HB

[darkobird]

Hi,

 

 

This hasnt happened yet , my hearing is end of the month so Im starting to apply for jobs now as I dont think ill get JSA so I really need to find a job

[honeybee13]

Hello again.

 

If you want advice on benefits, there's a dedicated forum here. Try starting a thread there, the guys are pretty clued up.

 

Are you looking for help with handling the meeting? Some of the people here are good at advising how to go about it.

 

Do you have a union to help you?

 

HB

[lbruk]

If you resign, i believe you have to wait quite a while before getting benefits, however if you are dismissed then you can get them straight away. Thats if my memory serves me correctly.

 

Did you want help with your meeting?

[lbruk]

Hmm, they can put on your reference that your reason for leaving was dismissal.

[darkobird]

Thanks for both your replies, I have reposted in Benefits thread.I am part of the union and have a union rep and hes pretty clued up so im covered from that base thanks

[freakyleaky]

Not sure if you will be eligible straight away. I am sure others will advise soon.

in the meantime have a look at this http://www.jobseekers-allowance.com/what-is-JSA.html

[Nystagmite]

It depends on the situation. If there is a sanction, it applies from the date of the claim.

[Feebee_71]

When I lost my job (last year) it was for GM and I put in a claim for JSA. I also claimed HB and CTB. I was awarded all 3 benefits. Soon after I received a letter telling me they were looking into my claim as a doubt had arisen about it - basically they were looking into the reasons I'd lost my job.

 

The next thing that arrived was a letter giving me the reasons my employer had provided for my leaving my job (the same reasons as I had given) and asking me if I agreed with what had been written or not (and if not, what my explanation was). I wrote that I didn't disagree with their reasons.

 

I was then informed that a santion would be imposed on me - for around 18 weeks - and that my money would stop on XX date. Until that letter was received I had been signing on and receiving my payments. I would have been able to apply for hardship payments which would have equalled 60% of the money I would have been receiving from JSA, if I had been able to prove that I would be in genuine hardship during the sanction period.

 

Feebee_71

[millitant]

i have never claimed benefits but even if they take jsa away, income support would kick in

 

their is a minimum amount that the goverment states you can live on, even they cant go below that minimum thresh hold

 

i would like to be corrected though as i have never claimed benefits

[Nystagmite]

You can only claim income support if you're a carer or a single parent of a child under 5. (?) You can't claim income support because you've been sanctioned, if you don't meet the criteria for income support.

 

You can claim hardship payments.

[millitant]

likle i said, i do not know the benefit system but the goverment cannot take you below their minimum level on what you are expected to live on

 

even the csa cant do that and they are HMRC

[ErikaPNP]

For some reason your post in the benefit forum has been merged with your post in the employment forum. I'm not clear whether you are seeking advice on the employment issue or only on the possibility of JSA so for now, I won't move your thread. If you want it moved, please ask.

 

JSA. Right, when you apply for JSA, you will be asked why you left your most recent job, or why your employment was terminated. The DWP will also in some circumstances write to your former employer to ask them for the reasons. Once they have a response from you and the employer, the case is sent to a Decision Maker who will decide based upon the evidence whether a sanction is applicable. A sanction is where you do not receive payment of the benefit for a certain period of time, but must still sign on and otherwise fulfil your side of the claim. The maximum length of a sanction is 26 weeks. In cases of gross misconduct, a sanction is usually applied. I have attached the sanction guide to this post so that you can read up about it. There is a specific section on misconduct.

 

If you are sanctioned, you will not be able to claim other benefits as an alternative unless you meet the eligibility for those benefits. What you may be able to claim is hardship payments. This is a reduced rate of benefit which can sometimes be paid when people are sanctioned but there is absolutely no guarantee of you being accepted for hardship payments. I have also attached the hardship guide to this post to help you. A sanction will not affect your entitlement to other benefits such as housing benefit or council tax benefit, for example. However, you are not eligible for a crisis loan during a sanction period. DWP Sanction guide.pdf

dmgch35.pdf

[darkobird]

Hi,

 

 

So in the case that they impose a sanction what am I to do ?As that would mean neither me or my partner would recieve JSA.How would we afford rent (Housing benefit only covers so much of my monthly rents) and to feed ourselfs, our children, pay bills ?

 

Thanks

[MIKEY DABODEE]

you could only claim Income Supprt as a couple, if the baby was under fifteen weeks old, you claim would close when the baby reached fifteen weeks.

[darkobird]

Both me and my partner will possibly be sacked and the only benefit we currently get is chb.Baby is 15 weeks old.

[ErikaPNP]

Hi,

 

 

So in the case that they impose a sanction what am I to do ?As that would mean neither me or my partner would recieve JSA.How would we afford rent (Housing benefit only covers so much of my monthly rents) and to feed ourselfs, our children, pay bills ?

 

Thanks

 

As above - apply for hardship payments for yourself/partner.

 

You will receive child benefit and child tax credit for your children, JSA does not include an element for children, only for the adults. You will need to contact tax credit if your job ends to advise them of the change in circumstances and income for the tax year - they will then adjust your award.

 

EDIT - you only get child benefit for the child? If you are not receiving child tax credit, apply straight away. Phone 0345 300 3900. They are open till 8pm. They will send you an application pack.

[MIKEY DABODEE]

If the baby is already fifteen weeks then sorry no I.S. If you do lose your jobs and I sincerly hope you dont, then you will be entitled to higher child tax credits so notify HMRC straight away. I think the only option would be to claim JSA and see how it goes but if the stress of everythng makes you ill claim ESA. There would be no sanctions on ESA but you would have to provide certs for this.

[darkobird]

If the baby is already fifteen weeks then sorry no I.S. If you do lose your jobs and I sincerly hope you dont, then you will be entitled to higher child tax credits so notify HMRC straight away. I think the only option would be to claim JSA and see how it goes but if the stress of everythng makes you ill claim ESA. There would be no sanctions on ESA but you would have to provide certs for this.

 

What is ESA ?

[darkobird]

As above - apply for hardship payments for yourself/partner.

 

You will receive child benefit and child tax credit for your children, JSA does not include an element for children, only for the adults. You will need to contact tax credit if your job ends to advise them of the change in circumstances and income for the tax year - they will then adjust your award.

 

EDIT - you only get child benefit for the child? If you are not receiving child tax credit, apply straight away. Phone 0345 300 3900. They are open till 8pm. They will send you an application pack.

 

Our income combined was too high for child tax credit, would it be amended straight away as i thought child tax credit was based on your previous years income ?

[MIKEY DABODEE]

What is ESA ?

 

ESA

 

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_171894

[Tiger Lily]

HMRC must be notified anyway within a month of a change of circumstances.

They should recalculate your entitlement straight away, a normal entitlement for two children would be in excess of £104 per week if on state benefits,

so hopefully you will get near to this

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/TaxCredits/Keepingyourtaxcreditsuptodate/Changesthataffectyourtaxcredits/DG_073824