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Entitlement to JSA

Does anyone know exactly or have ref to a Gov document that states the NI history conditions for entitlement to Contribution Based JSA.

My wife was made redundant on the 15th June 09 and after searching several advisery websites and actually getting advice from the Citizens Advice we was told that the claiments earnings must add up to 50 times the lower earnings limit for each of the two tax years immediately before the benefit year in which the jobseeking began.

In my wifes case this would be 2007-08 and 2008-09, her earnings was as follows:
2007-08 £5552.80 more than 50 x LEL
2008-09 £5581.59 more than 50 x LEL

However we received a letter today from the DWP saying she is not entitled as she has not paid enough NI during the tax years 2006-07 and 2007-09.

My wife earned only £2737 2006-07

My question is why are they using years 2006-08 and not 2007-09 when the claim year is 2009-10,

Please can someone help as I can't find anything on a DWP or Gov site that states the actual years they take into account.

Comments

  • calleyw
    calleyw Posts: 9,896 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    The year for benefits (DWP)runs from Jan to Dec and not the tax year. So they don't include 2008-2009. Even though we have clicked over to the new tax year.

    So that is correct they are going 2006-2007 and 2007-2008.

    The tax year 2008-2009 will only be used next Jan when the benefit (DWP)year clicks over.

    Yours

    Calley
    Hope for everything and expect nothing!!!

    Good enough is almost always good enough -Prof Barry Schwartz

    If it scares you, it might be a good thing to try -Seth Godin
  • calleyw
    calleyw Posts: 9,896 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    right found it look here

    It explains it better than I did. Basically it is the two tax years before the calendar year of the claim.

    As I said it makes no difference that we have clicked over to a new tax year. It is all based on the calendar year not the tax year.

    Yours


    Calley
    Hope for everything and expect nothing!!!

    Good enough is almost always good enough -Prof Barry Schwartz

    If it scares you, it might be a good thing to try -Seth Godin
  • Thanks, that answers my question clearly, why can't they say this in any of there literature beggons belief. I will also let the Citizens Advice know there literature is incorrect.

    Also the DWP say my wife still needs to sign on each week to get her NI credits????? but we have children age 8 and 12 so shouldn't she be credited anyway as she will be classed as a home carer? do we need to notify anybody of this?

    Thanks
  • healy
    healy Posts: 5,292 Forumite
    Part of the Furniture 1,000 Posts
    Does anyone know exactly or have ref to a Gov document that states the NI history conditions for entitlement to Contribution Based JSA.

    My wife was made redundant on the 15th June 09 and after searching several advisery websites and actually getting advice from the Citizens Advice we was told that the claiments earnings must add up to 50 times the lower earnings limit for each of the two tax years immediately before the benefit year in which the jobseeking began.

    In my wifes case this would be 2007-08 and 2008-09, her earnings was as follows:
    2007-08 £5552.80 more than 50 x LEL
    2008-09 £5581.59 more than 50 x LEL

    However we received a letter today from the DWP saying she is not entitled as she has not paid enough NI during the tax years 2006-07 and 2007-09.

    My wife earned only £2737 2006-07

    My question is why are they using years 2006-08 and not 2007-09 when the claim year is 2009-10,

    Please can someone help as I can't find anything on a DWP or Gov site that states the actual years they take into account.

    The reason that they are using the tax years 2006/7 and 2007/8 is because the 2008/9 tax year only ended in April peoples National Insurance accounts (on which contribution based benefits are decided) will not be updated yet.
  • sammyjammy
    sammyjammy Posts: 7,977 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Your wife won't get her NI credited unless she signs on, the fact that she is receiving Child benefit if its in her name means she has Home Responsbility Protection, it basically menas those years can be disregarded for pension purposes.
    "You've been reading SOS when it's just your clock reading 5:05 "
  • calleyw
    calleyw Posts: 9,896 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    sammyjammy wrote: »
    Your wife won't get her NI credited unless she signs on, the fact that she is receiving Child benefit if its in her name means she has Home Responsbility Protection, it basically menas those years can be disregarded for pension purposes.


    NI credits cover entitlement to the following

    • State pension,
    • contribution-based Jobseekers Allowance,
    • contribution-based Incapacity Benefit,
    • contributory Employment and Support Allowance, and
    • bereavement benefits.
    Yours


    Calley
    Hope for everything and expect nothing!!!

    Good enough is almost always good enough -Prof Barry Schwartz

    If it scares you, it might be a good thing to try -Seth Godin
  • sammyjammy wrote: »
    Your wife won't get her NI credited unless she signs on, the fact that she is receiving Child benefit if its in her name means she has Home Responsbility Protection, it basically menas those years can be disregarded for pension purposes.


    Sorry to sound stupid but what do you actually mean by disregarded?

    Do you mean she will have NI credit towrads BSP when she has Home Responsibility Protection?
  • alwaysonthego_2
    alwaysonthego_2 Posts: 8,445 Forumite
    1,000 Posts Combo Breaker
    Sorry to sound stupid but what do you actually mean by disregarded?

    Do you mean she will have NI credit towrads BSP when she has Home Responsibility Protection?
    No what she means is that your wife will not have to pay as many years as someone who does not get HRP. Even if she gets her NI stamp paid whilst signing on does not mean she will be entitled to Contribution Based benefits unless she has been working.
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