Question about jobseekers allowance sanctions for being sacked and long term sickness

dag_2

I want to check my understanding of the Jobseeker's Allowance sanction rules.

I understand that if you left your last job voluntarily, or were dismissed under disciplinary rules, then a future Jobseeker's Allowance award may be sanctioned for up to six months.

However - I'm also led to believe that this sanction cannot be applied if it has been more than six months since you worked in the job that you left or were dismissed from.

So - what happens if you've been off sick for six months - and then you get sacked - for example, because they've just decided that you're a malingerer? I believe that as long as it's been more than six months since you actually worked for them, then the sanction shouldn't apply. Whether the decision to dismiss you happened more or less than six months ago shouldn't make any difference. Even if it was only yesterday.

And I guess the same thing applies to leaving voluntarily after a period of continuous sickness of more than six months. If you decide you're well enough to work again but don't want to go back to your last job for whatever reason - for example, you felt you were being bullied by them, or you feel that the job simply never suited you anyway - then, similarly, you're in the clear from sactions on Jobseeker's Allowance.

I just want to check that I've got that right. Do you know of anyone who has ever had a sanction applied to them for leaving or being sacked from a job that they last worked for more than six months ago? Thanks.

CIS

As I understand it,

The 6 months time limit fir sanctions from leaving an employer to claiming JSA is possibly right, but.

Under the law, whilst your on the sick from an employer you legally still work for that employer, so the fact your on the sick shouldn't effect t.

Theres nothing in the CPAG handbook about 6 month timelimits, and its pretty much authorative.

Leaving a job because "you feel that the job simply never suited you anyway" isnt a legitimate reason under JSA rules and can be sanctioned for upto 26 weeks, as can any dismissal for misconduct.

hjb123

If you have been off sick for 6 months then they sack you they would have to have very good grounds.

I was off sick for 6 months then had my contract terminated as they said that they couldnt keep the job open any longer. I had been on full pay for 18 weeks of this and SSP for the rest. After I left I was on Incapacity til November and am currently on reduced rate Income Support. It shouldnt matter why you left your last job unless you were dismissed with reasons like stealing etc

dag_2

Theres nothing in the CPAG handbook about 6 month timelimits, and its pretty much authorative.

Do you have a link to the CPAG handbook? Even if you do - I don't believe that the CPAG handbook and the actual legislation are one and the same thing.

Leaving a job because "you feel that the job simply never suited you anyway" isnt a legitimate reason under JSA rules and can be sanctioned for upto 26 weeks, as can any dismissal for misconduct.

Maybe but let's think of another similar scenario. What if you've left a job that you feel never suited you to take another job? You stay in this new job for a year, and then the employer goes bankrupt - but your previous employer is still trading, but not hiring any more. Do you still face a sanction for that? If not - why not?

It shouldnt matter why you left your last job unless you were dismissed with reasons like stealing etc

For income support and incapacity benefit - no, it doesn't make any difference whatsoever, even if you were dismissed for stealing. But it's jobseeker's allowance sanctions that I'd like to know about - not IS or IB.

Thanks for the help so far. I'm sure I've heard about this six-month limit somewhere, but I can't remember where. However, I've yet to hear of any cases where sanctions have been applied more than six months down the line from the date that an employee last worked.

Furthermore, I'm also aware that the government is trying to get people off Incapacity Benefit. The government probably believes that it's much better to have people on Jobseeker's Allowance, because then they can be encouraged to look for a job. However, I find it hard to believe that the government would discourage people from making this move with the threat of a sanction for not going back to a job that they left ages and ages ago, when they first went off sick.

So I'm still unsure.