No benefit based on last tax year

richoneday

Can anyone help on where to go with this. My husband was working from May to September but his job ended (it was seasonal work). He went to sign on but has been told he can't get jobseekers allowance as he didn't have enough NI contributions in 06-07 yet he has just earned over £6000 in this tax year. Is there anyway we can appeal with this. I really don't know what we are supposed to live on I am working but only bring home about £1000 month and have two kids and a mortgage. Although he signed on over three weeks ago we haven't had a single letter from them yet. HELP!

healy

If he does not have enough NI contributions in a relevant year he will not get contribution based JSA. You cannot appeal against this.

stazi

Sorry healy, as this will have been a decision made by a Decision Maker, the OP can appeal against it- but- the OP would have to produce evidence to show JCP that the cont conditions are satisfied.

In practice, the easiest way to do sort this out is to produce the P60's for the relevant tax years JCP used. The satisfy the cont conditions, earnings that attract NIC, of at least £4K are needed in both tax years.

If no evidence can be produced, then the Appeals Service would be unlikley to proceed with a hearing.

There may well be some NIC missing from the NIC records held by HMRC that may need to be investigated, and if so, the JCP decision may need to be looked at again.

healy

stazi wrote: »

Sorry healy, as this will have been a decision made by a Decision Maker, the OP can appeal against it- but- the OP would have to produce evidence to show JCP that the cont conditions are satisfied.

In practice, the easiest way to do sort this out is to produce the P60's for the relevant tax years JCP used. The satisfy the cont conditions, earnings that attract NIC, of at least £4K are needed in both tax years.

If no evidence can be produced, then the Appeals Service would be unlikley to proceed with a hearing.

There may well be some NIC missing from the NIC records held by HMRC that may need to be investigated, and if so, the JCP decision may need to be looked at again.

I was assuming that it was correct that there were not enough contributions for the relevant year and in that case the appeal would not be accepted by the Trinunals Service.

stazi

I have read that HMRC have had a lot of probs with the NIC system/records since 1998. I would always double check any HMRC reply (about NIC) for this reason.

richoneday

Thanks for the comments. He has a P45 from his job which just ended. Do you think this will help? Where is the best place to go even to start an appeal is it the local JCP?

Oldernotwiser

What was his working pattern in 06/07? What he earned this tax year isn't really the issue.

krisskross

So are they saying he is not entitled to contribution based JSA as he hasn't made enough contributions and he can't get income based JSA as you are working?

Have you asked for tax credits to be adjusted?

stazi

richoneday

What you need to do is find the P60's for the tax years 05/06 & 06/07. If the earnings are more than £4K in each year, send copies of them to JCP and ask them to reconsider the decision.

If the earnings in one or both years are less than £4K, then the JSA decision sounds correct. See my post#3.

healy

stazi wrote: »

I have read that HMRC have had a lot of probs with the NIC system/records since 1998. I would always double check any HMRC reply (about NIC) for this reason.

Yes there was a new computer system brought in at that time and there have been problems with some peoples accounts since.

richoneday

Ok thanks for the advice. Unfortunately I don't think he did earn enough in those tax years as he has been only working on and off due to depression. He didn't claim benefit during this time because we were just about able to survive on my earnings and signing on would have been just one more problem that he would have had to deal with and he wouldn't have got anything anyway.
Why are they not able to take into account the fact that he has just earnt over £6000 in the last 4 months if he has proof of these earnings? This seems incredibly wrong. Does this mean that in April next year he can then start claiming job seekers allowance because they will then look at this financial year?? What a crazy system. Sorry rant over.