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    • RebTech
    • By RebTech 5th Oct 17, 4:23 PM
    • 125Posts
    • 29Thanks
    RebTech
    New style JSA or UC?
    • #1
    • 5th Oct 17, 4:23 PM
    New style JSA or UC? 5th Oct 17 at 4:23 PM
    I just heard I'm being kicked off ESA and should claim JSA immediately. I'll likely contest the ESA decision but will put any questions about that in a different thread. This is about deciding between JSA and UC. They were emphatic I should get that claim in whether I intend to appeal or not.

    Because I've been on ESA up to now I can't claim JSA online, I have to ring. I did that this morning and the guy basically tried to talk me into claiming UC instead. I'm under the vague impression I'd be better off on JSA but I'm not at all sure and would appreciate advice. (I told the guy I needed to think about it.) Unfortunately, the situation is a wee bit complicated.

    I'm in a full service UC area, single and live alone in private rented accommodation, with capital < £6k. My only income besides ESA and HB/CTR is a small occupational pension, < £130/month. I reach Pension Credit age next March and state pension age in September '18. I'm quite sure I have sufficient NI for new style JSA, though maybe I need to complete and submit my tax return for 16/17 to prove that (the previous year's record is complete).

    What MIGHT be another option is to declare myself self-employed and claim working tax credit but I'd guess that would impact badly on an ESA appeal. Also, it seems these days the business has to be viable, rather than just an excuse to avoid the hassles of JSA. And there too I might be forced to go for UC rather than WTC.

    The main reason I think JSA (or maybe WTC) might be right from their point of view as well as mine is that I've seen somewhere you can't claim UC while on HB.

    Any comments?
Page 1
    • NineDeuce
    • By NineDeuce 5th Oct 17, 4:24 PM
    • 299 Posts
    • 242 Thanks
    NineDeuce
    • #2
    • 5th Oct 17, 4:24 PM
    • #2
    • 5th Oct 17, 4:24 PM
    I would prefer the 'get a job' option....
    • RebTech
    • By RebTech 5th Oct 17, 5:31 PM
    • 125 Posts
    • 29 Thanks
    RebTech
    • #3
    • 5th Oct 17, 5:31 PM
    • #3
    • 5th Oct 17, 5:31 PM
    I would prefer the 'get a job' option....
    Originally posted by NineDeuce
    So would I, but my hot, red, painful knee says "no".

    In fact, any potential employer who knew about the knee would probably say no too -- that is if they hadn't already been put off by my age (64) and not having been in regular employment since 2000.
    Last edited by RebTech; 05-10-2017 at 7:58 PM. Reason: Adding another paragraph
    • nannytone
    • By nannytone 5th Oct 17, 6:13 PM
    • 12,203 Posts
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    nannytone
    • #4
    • 5th Oct 17, 6:13 PM
    • #4
    • 5th Oct 17, 6:13 PM
    to claim JSA you would need to have paid ( not been credited with) NI contributions in the tax years 14/15 and 15/16
    • donnajunkie
    • By donnajunkie 5th Oct 17, 6:48 PM
    • 26,481 Posts
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    donnajunkie
    • #5
    • 5th Oct 17, 6:48 PM
    • #5
    • 5th Oct 17, 6:48 PM
    to claim JSA you would need to have paid ( not been credited with) NI contributions in the tax years 14/15 and 15/16
    Originally posted by nannytone
    There’s income based jsa if they haven’t. I guess there’s an income based version of uc also.
    • nannytone
    • By nannytone 5th Oct 17, 6:51 PM
    • 12,203 Posts
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    nannytone
    • #6
    • 5th Oct 17, 6:51 PM
    • #6
    • 5th Oct 17, 6:51 PM
    There’s income based jsa if they haven’t. I guess there’s an income based version of uc also.
    Originally posted by donnajunkie
    universal credit is replacing income related JSA.

    thats why i sized the criteria for contributions based JSA
    • donnajunkie
    • By donnajunkie 5th Oct 17, 6:55 PM
    • 26,481 Posts
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    donnajunkie
    • #7
    • 5th Oct 17, 6:55 PM
    • #7
    • 5th Oct 17, 6:55 PM
    universal credit is replacing income related JSA.

    thats why i sized the criteria for contributions based JSA
    Originally posted by nannytone
    It’s replacing jsa altogether isnt it? Your post may have led them to believe they would not qualify for anything. The aim of mine was to just point out an income based benefit should be available for anyone who does not qualify for a contribution based benefit.
    • nannytone
    • By nannytone 5th Oct 17, 7:01 PM
    • 12,203 Posts
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    nannytone
    • #8
    • 5th Oct 17, 7:01 PM
    • #8
    • 5th Oct 17, 7:01 PM
    UC is only replacing income related JSA.

    contributions based JSA and ESA are still available.

    i clearly stated that those that paid NI through employment ( not through credits) in the tax years 14/15 and 15/16 should be entitled to contributions based JSA rather than needing to claim universal credit
    • RebTech
    • By RebTech 5th Oct 17, 7:04 PM
    • 125 Posts
    • 29 Thanks
    RebTech
    • #9
    • 5th Oct 17, 7:04 PM
    • #9
    • 5th Oct 17, 7:04 PM
    to claim JSA you would need to have paid ( not been credited with) NI contributions in the tax years 14/15 and 15/16
    Originally posted by nannytone
    OK, I have full contribution records for these years, as well as about six months' worth in 16/17.
    • nannytone
    • By nannytone 5th Oct 17, 7:14 PM
    • 12,203 Posts
    • 18,114 Thanks
    nannytone
    you should claim contributions based JSA then .... but you will be expected to actively seek employment.

    some allowances should be made due to health, but it is variable how much leeway they will give you.

    once your mandatory reconsideration has been processed ... you would either go back onto ESA or appeal .... during which time you would be allowed to claim assessment rate ESA. but that is dependant on how long your previous ESA claim lasted and which group you were placed into
    • RebTech
    • By RebTech 5th Oct 17, 7:25 PM
    • 125 Posts
    • 29 Thanks
    RebTech
    Thanks nannytone. I've had just over 11 months ESA and was about to apply for the IR version, but there's probably no point worrying about that now, I need to focus on getting "new style" JSA and the ESA appeal (MR in the first instance). Thanks again.
    • nannytone
    • By nannytone 5th Oct 17, 7:29 PM
    • 12,203 Posts
    • 18,114 Thanks
    nannytone
    unless you get put into the support group then your ESA entitlement will have run out after 365 days.
    any future payment will depend on being placed into the support group.

    you need to look at the descriptors to see if it is applicable and then gather evidence to support your claim
    • RebTech
    • By RebTech 5th Oct 17, 7:52 PM
    • 125 Posts
    • 29 Thanks
    RebTech
    I was in the work related activities group and wouldn't expect that to change, there's no way my condition is stable enough to qualify for the support group. But before the work capability decision was made I was being advised by DWP to apply for ESA(IR) due to the 365 day limit approaching, which surely implies that it's available to people in the WRAG?
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