Not entitled to claim Job Seekers Allowance

robc281274

I was told on the 18th June 2009 that I am not entitled to claim Job Seekers Allowance because I didn’t pay enough Class 1 National Insurance in the tax years ending April 2007 and April 2008.

Does anyone know why they don’t use the most recent two tax years (i.e. April 2008 and April 2009)…? I’m naturally disappointed because if they had used the tax years ending April 2008 and April 2009 I would have qualified.

Is there anything I can do to contest this? Is it worthwhile? Can I make up the shortfall in NI as I’m worried this may come back at me in future? Especially if I need to claim for state benefit at some point in future.

Also if I am still looking for work in (say) 3-6 months, can I re-apply for Job Seekers Allowance? At which point will they start using the most recent two tax years?

Any help appreciated…

Rob

dmg24

You can appeal, but unless their calculations were wrong (i.e. you had paid sufficient NI Conts in the relevant years), you would not win.

You can make up your missing NI Conts, but these would not count towards benefit calculations, only your pension.

Do you have another income coming into the household, and/ or capital?

Tax year ending '09 will only be applied from Jan 2010.

healy

They do not use the most recent year because the National Insurance accounts will not all be updated yet so they could not check the NI conts for last year.

There is nothing you can do to contest your NI record unless you think there has been an error. You cannot contest the years used.

You could make up the shortfall with voluntary class 3 contributions but this will only make the the year a qualifying year for State Reitrement Pwnsion and not JSA.

MamTor13

It sounds like they've refused you Contribution Based Job Seekers which is a non-means tested benefit. If your income is low and you have only a small amount of savings you should still be entitled to Income Based Job Seekers. Also, as far as I know, even if you can't get any money because your savings/household income is too high you should be able to sign on and receive NI credits for when you eventually retire.

savemeup

Sorry to hijack, but seems really relevant to my situation - are all current claims assessed for the tax years ending April 2007 and April 2008? and if so, does anyone know exactly how much constitutes a "sufficient contribution"?

healy

savemeup wrote: »

Sorry to hijack, but seems really relevant to my situation - are all current claims assessed for the tax years ending April 2007 and April 2008? and if so, does anyone know exactly how much constitutes a "sufficient contribution"?

Yes all claims are assessed on the 2006/7 and 2007/8 tax years.

The required contributions depend on the benefit claimed.

If you look on the following website there are details:

http://www.adviceguide.org.uk/index/life/benefits/national_insurance_contributions_and_benefits.htm

I think it is JSA you are talking about so here are the rules:

They must also have to have paid Class 1 National Insurance contributions on earnings of at least twenty five times the Lower Earnings Limit in one of the two complete financial years before the start of the claim year in which the claim is being made. They must also have to have paid Class 1 or Credited Class 1 contributions on earnings of at least fifty times the Lower Earnings Limit in both complete financial years before the start of the claim year in which the claim is being made.

savemeup

^thanks healy

robc281274

many thanks for all your comments