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going on holiday while seeking jsa

comradeguevara
Posts: 16 Forumite
the job seekers allowance regulations 1996 clearly state that one can be treated as actively seeking work if:
you advise the job centre you will not be looking for work in a period
AND you will be residing at an address other than your normal place of residence for at least 1 day
BUT subject to the proviso that this does not exceed 2 weeks in any 12 month period.
the manager of the job centre in preston tells me this is not the case because her guidance notes say so. to my mind an act of parliament overrides guidance notes which clearly need to be rewriten.
i would like to know of any cases where someone has either gone on holiday while claiming and not signed off or challenged such a decision and won. i know i am in the right on this one but it is time and effort to pursue it individually.
before i get attacked for being a lazy so and so trying to get holidays at the expense of the taxpayer, I am in my current predicament due to the actions of a few individuals at the home office (long story) and not through choice. i have retained savings (allowed by law while claiming benefit) to fund my break which i want for some much needed stress relief and to ease depression, not for a week of fun in the sun.
clearly if i pursue this, it wil help my cause if i am able to quote precedent cases. any feedback appreciated.
you advise the job centre you will not be looking for work in a period
AND you will be residing at an address other than your normal place of residence for at least 1 day
BUT subject to the proviso that this does not exceed 2 weeks in any 12 month period.
the manager of the job centre in preston tells me this is not the case because her guidance notes say so. to my mind an act of parliament overrides guidance notes which clearly need to be rewriten.
i would like to know of any cases where someone has either gone on holiday while claiming and not signed off or challenged such a decision and won. i know i am in the right on this one but it is time and effort to pursue it individually.
before i get attacked for being a lazy so and so trying to get holidays at the expense of the taxpayer, I am in my current predicament due to the actions of a few individuals at the home office (long story) and not through choice. i have retained savings (allowed by law while claiming benefit) to fund my break which i want for some much needed stress relief and to ease depression, not for a week of fun in the sun.
clearly if i pursue this, it wil help my cause if i am able to quote precedent cases. any feedback appreciated.
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Comments
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JSA: Job Seeker Allowance?
How can you possibly be seeking a job when you're on holiday that I paid for?0 -
Of course you can go on holiday and not have to sign off. I remember being on holiday in the UK and because I couldn't get back in time for my signing on appointment I signed on at another local office. (this was a few years ago though)
Sounds like a bit of a jobs worth at your local office you didn't have to tell you were going/thinking of going on holiday and they would have been non the wiser. Sounds like you are actively seeking work anyway and what about all those that play the system and are on a permanent holiday?
I'd speak to someone else maybe in the place where they process the claims they will have a better knowledge of how it all works but go on holiday better than going on the sick with stress!!!!0 -
JSA: Job Seeker Allowance?
How can you possibly be seeking a job when you're on holiday that I paid for?
Not helpful everyone needs a holiday.
It can be hard work trying to look for work I know I have just spent the last three years looking for work after getting my degree and have had to take a crumby cleaning job just to get off benefits.0 -
You can go on holiday in the uk for 2 weeks without signing off, u fill out a holiday form at the jobcentre and then you sign on the day you come back and then they release the money.
You need to put a place where you will be staying and phone number ect.ect.
If going abroad u have to sign off and recieve no pay, or you could just say your staying in this country and add a family members address and stick your mobile number in the contact details, like a friend of mine did when he went abroad.
I personally think its stupid that you can have a holiday but only in this country.
Hope this helps0 -
Not helpful everyone needs a holiday.
It can be hard work trying to look for work I know I have just spent the last three years looking for work after getting my degree and have had to take a crumby cleaning job just to get off benefits.
I couldn't afford a holiday this year, so didn't get one but I needed one.£2 Coins Savings Club 2012 is £4.............................NCFC member No: 00005.........
......................................................................TCNC member No: 00008
NPFM 210 -
dmwrightuk wrote: »You can go on holiday in the uk for 2 weeks without signing off, u fill out a holiday form at the jobcentre and then you sign on the day you come back and then they release the money.
You need to put a place where you will be staying and phone number ect.ect.
If going abroad u have to sign off and recieve no pay, or you could just say your staying in this country and add a family members address and stick your mobile number in the contact details, like a friend of mine did when he went abroad.
I personally think its stupid that you can have a holiday but only in this country.
Hope this helps
People on benefits that can afford holidays abroad should consider themselves very lucky. It's not a right to be able to holiday abroad.
You are not available for work unless you are able to go for an interview / start work at short notice. You cannot get back from abroad at short notice so technically you are not available for work
If you holiday in this country you can return at any time when there is a job interview or to start work.£2 Coins Savings Club 2012 is £4.............................NCFC member No: 00005.........
......................................................................TCNC member No: 00008
NPFM 210 -
JSA: Job Seeker Allowance?
How can you possibly be seeking a job when you're on holiday that I paid for?
thats the whole point, the wise individuals who drafted the job seekers allowance regulations clearly appreciate the fact that everyone needs a break and so made provisions for a claimant to have a break as long as its for 2 weeks or les in any 12 month period. the regulations do no preclude this from being abroad.
(p) in any week in respect of which he has given notice to an employment officer, in writing if so required by the employment officer, that—-
(i) he does not intend to be actively seeking employment, but
-
(ii) he does intend to reside at a place other than his usual place of residence for at least one day;
-
clearly, 'a place other than his usual place of residence' does not preclude a place abroad...!!!
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People on benefits that can afford holidays abroad should consider themselves very lucky. It's not a right to be able to holiday abroad.
You are not available for work unless you are able to go for an interview / start work at short notice. You cannot get back from abroad at short notice so technically you are not available for work
If you holiday in this country you can return at any time when there is a job interview or to start work.
My friend could not afford a holiday abroad, however his parents took him away and paid for the holiday, which was all inclusive so he wouldnt need much money.
He had been out of work over a year and desperatly needed a break from the stress of constant knockbacks and no luck on the work front. So in my opinion people should be entitled to have a break and chill out. In case you hadnt noticed its very hard to get a job at the moment.
Just because your on benifits does not mean you dont deserve a holiday, especially if that person is still doing everything they can to find work.0 -
People sacrifice holidays in order to pay for house improvements, when having children etc because they cannot afford to have them, why should it be any different for those in receipt of benefits. I have no issue if the person on benefits has saved over a long period of time but one would think that if benefits paid for a holiday quite easily, with hardly any need to save up then the level of benefits being paid are too high.
And neither do I agree that anybody receiving JSA should be on holiday! In the UK or otherwise. In my opinion you should have to sign off for the holiday, end of. The clue is in the title of the benefit!0 -
dmwrightuk wrote: »My friend could not afford a holiday abroad, however his parents took him away and paid for the holiday, which was all inclusive so he wouldnt need much money.
He had been out of work over a year and desperatly needed a break from the stress of constant knockbacks and no luck on the work front. So in my opinion people should be entitled to have a break and chill out. In case you hadnt noticed its very hard to get a job at the moment.
Just because your on benifits does not mean you dont deserve a holiday, especially if that person is still doing everything they can to find work.
Holidays aren't an entitlement...even if you work you aren't entitled...who pays for their holidays if they cannot afford one?0
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