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Can i claim JSA if i have literally just had a baby?

Ok, this is a bit complicated.

I am being made redundant Jan 9th. My due date is 11th Jan. I am waiving my SMP voluntarily, after long discussions with my Insurance company with whom i have redundancy insurance, it seems the only way to claim on my policy is NOT to have SMP pay, meaning i can claim Contributions based JSA in order to access my policy payout. The insurance company, and myself, are happy with this. My employer is giving me a similar level of payout to my SMP so again, I'm happy with this if anyone wants to question this decision its already done and dusted.

So, when I am made redundant, I have 15 days to pop the baby out (yes, i Know, it may be late etc... but its a risk I am happy to take) and then sign on for Contributions based JSA, so I can get my ABI 1 form signed and get my insurance payout.

My question is this. When I sign on, assuming the baby is out by then, and given I WILL DEFINATELY BE ACTIVELY SEARCHING FOR WORK BECAUSE MY INSURANCE DOESNT REALLY TOUCH THE SIDES OF MY OUTGOINGS - ALTHOUGH ITS MILES BETTER THAN SMP!! - will DWP ask me if I have any children, what their birthdays are etc, and try to force me not to take JSA on the assumption I can't work cos I have a new baby? Although I definately will be actively searching!! I am thinking the JC need not know i have just had a baby so it should not be a problem.

Any job I'd be going for would probably take 2-3 months to get (long interview processes for my line of work etc) so even if i found an interview on the 11th I wouldnt be working full time until the same time I would have been had I not been made redundant. Childcare is not an issue, my husband will be at home with the baby.

Do you anticipate the DWP getting sticky about this situation at all?

Thanks all.

Comments

  • krisskross
    krisskross Posts: 7,677 Forumite
    All Social departments share information and I assume you will be claiming child benefit and child tax credits. However this does not mean you could not be looking for work, a lot of women go back to work soon after giving birth.
  • natty16
    natty16 Posts: 418 Forumite
    krisskross wrote: »
    All Social departments share information and I assume you will be claiming child benefit and child tax credits. However this does not mean you could not be looking for work, a lot of women go back to work soon after giving birth.

    Once you have your baby you must have 2 weeks off from work, after that you are free to return to work at any time.
  • Thanks Natty, the chances of me actually getting a job and starting it in 2 weeks are pretty slim, but I assume there's nothing to say I can't look for work? To set up an interview would take a few days at least surely.

    And besides - how would they know I had a baby in the last 2 weeks unless I tell them? I can wait a month before signing on for child benefit I assume.
  • clairec79
    clairec79 Posts: 2,512 Forumite
    I'm not so sure that you can just choose not to get SMP if you are entitled to it
  • oliver2008
    oliver2008 Posts: 1,484 Forumite
    I think, as you will have a baby by then it will be Income Support not JSA :confused:
    Finally, I can see you crystal clear
  • Can you not claim Maternity Allowance instead of SMP (which is the next best thing at about £117p/w for 39 weeks) and would the redundancy insurers be happy with this (surely they would be as it's a benefit just like JSA)??
  • CarolynH
    CarolynH Posts: 570 Forumite
    natty16 wrote: »
    Once you have your baby you must have 2 weeks off from work, after that you are free to return to work at any time.

    To claim JSA you must be 'available for, actively seeking and capable of full time employment. As mentioned above, you MUST have two weeks off work after the birth. As such, the law deems you 'not capable' of full time work.
    So, putting aside all the other maybes, you'll not be able to claim JSA for these two weeks. Although, as another poster said, you will likely have to claim a different benefit anyway.

    Sorry if this info is sketchy and useless - I last worked in the jobcentre in 2000 so my knowledge is way out of date unfortunately.

    Also , I have to mention, realistically, taking baby brain, sleep deprevation, etc, into account, it might be better to have a 'plan B'. You're putting yourself under a heck of a lot of pressure to be job hunting that soon. I know you feel that 'needs must' right now (I also know that the needs wont change). Why not post a SOA on DFW, and get over to the OS board for seriously cheap (and easy) meal ideas. You may find you can reduce your outgoings to a level that you don't need to rush back to work quite so soon.

    Just an idea, no criticism intended.

    Good luck with bubs and enjoy every precious second of parenthood.
    :D Make a list of important things to do today. At the top, put 'eat chocolate'. Now, you'll get at least one thing done today. :D
  • raq
    raq Posts: 1,716 Forumite
    hi there

    shouldn't say this but someone pretty close to me done this last year. Had another baby and was so desperate for money when the baby was 6 weeks old she started claiming for jsa contribution based and was fine. Claimed for 6 months and non one within the job centre ever asked her was she fit and well for full time work. Awful thing is she never was interested in getting a job that soon but was so desperate for the money.
    :A Tomorrow's just another day - keep smiling
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