holiday s whilst on jobseekers allowance?

1356724

Comments

  • camper wrote:
    Sorry Benefitmaster but you are wrong.

    JSA rules state that all claims MUST be closed if the claimant goes abroad UNLESS it is for an interview, of which proof is given beforehand, and three days max allowed.

    The Jobseekers Allowance Regulations 1996 disagree:

    Circumstances in which a person is to be treated as actively seeking employment
    19.—(1) A person shall be treated as actively seeking employment in the following circumstances, subject to paragraph (2) and to any maximum period specified in this paragraph

    (p) in any week in respect of which he has given notice to an employment officer, in writing if so required by the employment officer, that—
    (i) he does not intend to be actively seeking employment, but
    (ii) he does intend to reside at a place other than his usual place of residence for at least one day;

    That is the specific clause which allows holiday, and DOES NOT specify that the holiday may not be abroad. Clearly residing abroad meets the definitions of residing "at a place other than his usual place of residence "

    Yes, it will be a fight, but yes, I am aware of cases where people have had holidays abroad, been consdiered to be actively seeking for the purpose of section 19(p), and retained right to benefit.

    The Jobcentre will do anything to get you to sign off, including Lying to you. I know, I used to do so for a living.
  • jenpoptab
    jenpoptab Posts: 1,224 Forumite
    Benefitmaster, If this goes to decision maker, the customer may lose their Jsa anyway.

    I do not lie to customers, I tell them what I have been taught & what guidance says, as a current employee surely I have correct information to provide.

    As well why does close down procedure have a code for"going abroad" if customers can still sign on?
    WW Gold Member, trying to maintain !!!
    Hayden born July 07
    Tabitha born April 05
    Poppy born July 03
  • jenpoptab wrote:
    Benefitmaster, If this goes to decision maker, the customer may lose their Jsa anyway.

    If the decisionmaker makes a decision which is unsupportable by the regulations, the customer will win when he goes to the commissioners. In the meantime, while appealing, benefit will remain in payment.

    The reason for the shutdown process is because most "weeks" abroad are more than 7 days because of flights etc.
  • jenpoptab
    jenpoptab Posts: 1,224 Forumite
    benefitmaster, I'm pretty sure that even if you go abroad for a day you are supposed to sign off, this is what procedure i have followed for 8 years, I'm currently on maternity leave, so if things have changed in last 13 weeks i apologise, however I truely believe I am correct. Also I worked in two seperate districts and this was the case in both of them.
    WW Gold Member, trying to maintain !!!
    Hayden born July 07
    Tabitha born April 05
    Poppy born July 03
  • These rules ahve been in place for 9 years, and I am aware of several, but only several, cases where the rules have actually been properly applied in relation to Regulation 19.

    This is a training issue. The JSA staff are taught that going abroad means "close claim" but the regulations say you can be abroad for up to 12 weeks without losing your claim, and remain entitled to all of your money, in limited circumstances. A holiday of 7 days or less abroad is permitted by the regulations. Read them yourself...

    http://www.opsi.gov.uk/si/si1996/Uksi_19960207_en_1.htm
  • jenpoptab
    jenpoptab Posts: 1,224 Forumite
    Fair enough, if this is a training issue, when I return to work I will look at the current guidance that appears on the intranet & will follow from there, many thanks for guidance I'll read when I get a chance.
    WW Gold Member, trying to maintain !!!
    Hayden born July 07
    Tabitha born April 05
    Poppy born July 03
  • jenpoptab wrote:
    Fair enough, if this is a training issue, when I return to work I will look at the current guidance that appears on the intranet & will follow from there, many thanks for guidance I'll read when I get a chance.

    The point is that the guidance is DELIBERATELY wrong...
  • jenpoptab
    jenpoptab Posts: 1,224 Forumite
    ok, as I say when I get a chance I will read guidance and will go from there. I'm not trying to be awkward. I just believed the information I was taught was correct. I'm happy to be corrected!
    WW Gold Member, trying to maintain !!!
    Hayden born July 07
    Tabitha born April 05
    Poppy born July 03
  • GraemeB
    GraemeB Posts: 15 Forumite
    Surely the relevent regulation would be reg 50? This states the circumstances under which a customer can be treated as being in GB for periods abroad.

    Part of this regulation is surely adapted from the Social Security Claims and Payments Regs and if the customer does not satisfy the criteria set out in reg 50 then the question of avail/ASW is immaterial? :confused:
  • GraemeB wrote:
    Surely the relevent regulation would be reg 50? This states the circumstances under which a customer can be treated as being in GB for periods abroad.

    Part of this regulation is surely adapted from the Social Security Claims and Payments Regs and if the customer does not satisfy the criteria set out in reg 50 then the question of avail/ASW is immaterial? :confused:

    I disagree. Regulation 19 does not say that you have to also comply with regulation 50 to be deemed actively seeking and available. It refers only to itself.
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