Seek Advice on Suspended Job Seekers Allowance

[Sarahmichelle]

Hello,

 

DWP informed me that my income-based JSA stopped after we submitted JSA2 form recently - we were asked to fill-in the form since we have been receiving JSA for long time and they need to review if they are paying correct amount.

They said they stopped because we hadn't reported my partner's self-employed income they found in the above JSA2 form.

The DWP lady I talked over the phone said we have to report the earnings every JSA sign-in session fortnightly and failure to do so is AGAINST The LAW, which we were not aware at all.

My partner's earnings is around £3,000 over the last 3 years, and the above DWP lady said with this amount the decision maker may reinstate our benefit, and currently we are waiting for the decision maker's letter.

 

What worries us is if this is considered as Benefit Fraud because we are now getting increasingly concerned about the lady's comment of "Againt The Law" - surely we never do it intentionally.

Can somebody advise me:

- is there any chance that DWP prosecutes us / bring us to court because of this (so far we have had no issues related with the benefits - no sanctions, no suspect etc, it's the first time to face such a problem)

- if we're prosecuted, do we loose our eligibility to receive other benefits such as Housing Benefit?

- probably we have to repay any overpayments, then how do they calculate the amounts?

- is there any chance that DWP requests penalty (then what sort amount is usually imposed?)

- any possible other consequences we may have to prepare?

 

Sorry for asking many questions, but we feel very scared now.

Very appreciate anyone's advice.

 

Thank you.

 

Sarah

[ims21]

Thread moved to correct forum

[abc123def]

Is that £3000 total over three years or £3000 each year for three years?

 

It will all depend on the amounts of any overpayment. It's advisable to put your hands up and admit you have failed to inform the DWP of your income, albeit unintentionally.

 

It's impossible to say what they will do as it depends on the figures and to an extent the person dealing with it but generally they are kinder to those that admit fault. Hopefully they will deduct the overpyament from your future JSA payments.

[Sarahmichelle]

Hi abc123def,

 

Many thanks for your prompt response.

The answer is not each year but £3,000 for 3-year total (to be specific 2.5 years), as £300 in the 1st year, £2,400 in the 2nd year and £300 in the 3rd (this year for 6 months).

 

Yes, as you said it must be difficult to predict their action though, given this level of amount, is there any thought about possible prosecution as fraud that is our biggest concern?

 

Thank you.

 

Sarah

[flumps1976]

Were you both signing on or just one of you?

On the ES24JP coupon there is a declaration at the top which you are agreeing to each time you sign on.

From what I remember the declaration asks if you have declared any changes of circumstances that could affect your payment, if you have completed any paid or unpaid work, have been actively seeking and available to take work as per your JSAg.

 

Obviously as I am not at work I can't give the full quite of the declaration but it is along those lines.

[Sarahmichelle]

Hi flumps1976,

 

For sign-up, only I as a main claimant visit the JCP and sign the form required.

But, we as an income-based JSA claimants, I must have reported my partner's income because it is supposed to be "any changes of circumstances that could affect your payment ", correct?

Honestly, until now we didn't know that any single income of my partner should affect our payment by somehow understanding that we don't have to report unless the working hours become over 24 hrs for my partner.

 

Oh boy, does it mean we are likely to be prosecuted due to the false declaration?

 

Sarah

[flumps1976]

If you have been signing the coupon and not declaring your partner hours then you have made a false declaration, not saying it was intentional please don't think I am, but the declaration is there at the top of the es24jp available for you to read.

If you had decared that your partner was working the BC would have written out for the further information required to ensure your payment was paid correctly.

 

Not sure how the decision will be decided sorry

[Sarahmichelle]

Hi flumps1976,

 

Thanks for the reply.

What does "BC" stand for?

 

Sarah

[Zonker]

Benefit centre im presuming

[Sarahmichelle]

Hi Zonker,

 

Thank you.

 

Sarah

[flumps1976]

Yes sorry BC is abbreviation for Benefit Centre.