Job Seekers Allowence Eligibility??

AsknAnswer2

If he leaves his job voluntarily and claims JSA, they can sanction his claim for up to 26 weeks (approx 6 months). A sanction is when the claim is live, and he still has to keep to his side of the bargain such as signing on/being available for and actively seeking employment, but no money is paid. Nobody can say whether or not the claim would be sanctioned as this is ultimately down to the person who makes the decision based on all of the facts provided.

It has been said that a person who leaves employment cannot claim benefit for 6 months. This is rubbish. This type of sanction, if effected, takes place once the claim is made and is effected from that day, not the date employment ceased. So a person who voluntarily leaves employment who doesn't claim for 6 months can still be sanctioned once they do claim.

My own personal view is that if in this situation, I would never walk out of my job (and believe me I feel like it sometimes) and place my family in a position which might mean we are without any form of financial support. I'd keep looking for jobs in the area I want until I found one. Once on JSA for more than 13 weeks, he would be expected to expand his jobsearch anyway and could face further sanctions for failing to apply for jobs out with his preferred commute.

steph911

Thanks, I thought that's what it would be but everything is worth double checking. I can confirm he won't just leave his job or he would be divorced lol. I was simply checking if we had any other options should our darling daughter get worse. Like I stated in my previous post we knew working away would at some point cause problems. That's the choice we made now we have to get on with it, never mind that's life

Thanks again xx

mark555

Hello Asknanswer2........


I understand that hardship allowance is claimable if JSA is sanctioned / disallowed. Also, that hardship allowance can be claimed for a MAXIMUM of 6 months to cover such a period.

I also see that it can be awarded if the claimant can show that they will suffer, or whoever they live with may suffer in some way, if JSA was to be stopped / sanctioned.

If JSA was stopped in this household, then the council would charge tax and rent at the FULL rate, which would be completely unaffordable.
This is because if JSA wasnt being payed they would'nt know what my income was, and due to that they would charge the full tax and rent.

I would claim the hardship on the basis that if we had to pay full rate rent and tax that that would jeapordize our ability to afford to pay for basic household ammenities etc......


If JSA wasnt sanctioned, but they didnt award the hardship either, since the JSA claim is still 'live' but no money is paid, could the tax and rent office still charge at the maximum rate?

seven-day-weekend

You can claim rent and Council Tax Benefit on the basis of a low income, you don't have to be on a Benefit.

AsknAnswer2

mark555 wrote: »

Hello Asknanswer2........


I understand that hardship allowance is claimable if JSA is sanctioned / disallowed. Also, that hardship allowance can be claimed for a MAXIMUM of 6 months to cover such a period.

I also see that it can be awarded if the claimant can show that they will suffer, or whoever they live with may suffer in some way, if JSA was to be stopped / sanctioned.

If JSA was stopped in this household, then the council would charge tax and rent at the FULL rate, which would be completely unaffordable.
This is because if JSA wasnt being payed they would'nt know what my income was, and due to that they would charge the full tax and rent.

I would claim the hardship on the basis that if we had to pay full rate rent and tax that that would jeapordize our ability to afford to pay for basic household ammenities etc......


If JSA wasnt sanctioned, but they didnt award the hardship either, since the JSA claim is still 'live' but no money is paid, could the tax and rent office still charge at the maximum rate?

Yes, hardship can be claimed if a claim is sanctioned, however there is no direct entitlement to hardship, it is discretionary and extremely difficult to get if you have been sanctioned for failing to comply with a JS direction because ultimately the hardship could have reasonably been avoided; they will argue that complying with a JSA direction is a condition of receiving your benefit payments thus were aware that you would be placing yourself in that position. They do not generally award hardship in cases where the claimant could reasonably be expected to know that their actions would result in hardship.

You would not need to pay full rent and council tax as SDW states - benefits for rent and council tax are not dependent on another qualifying benefit being in payment. Your HB/CTB may be a linked claim (you receive it automatically because you are on income based JSA). HB/CTB should not even be suspended in this case because you are effectively still awarded income based JSA, you would just not be receiving the payment in respect of that benefit. If your CT/HB claims were suspended, you would need to satisfy the local authority that you are not receiving an income above the applicable amount, but like I say it should not be suspended unless your JSA claim is terminated. Terminations and sanctions are different things entirely.

ironpetal

Hi Im posting here because Im not sure wherelse to post.

Ive just come back into Britian after a 4 year absence in another country. I applied for JSA but they have not given me any timescale as to when I will get any benefit paid. Im 57. I have signed on and I am trying to seek employment. Life is difficult with no money and no benefits. I dont know how long I will have to wait to be paid does anyone have any idea? I had to fill in a form to state I was entitled to be here as a British citizen and of course details about where I am now which is another problem because I am technically homeless. So if I have no money and no home how am I suppposed to apply for jobs?? Im sort of in the middle and in limboland. :eek:

zaphriel

Ditto to what the last guy said.

I'm just wondering what this hardship you guys were talking about is? Is it by any chance the crisis loan? We've been claiming it for a month now, but we're really struggling, and we've just had our last JSA request turned down again, due to me being a full time student, while my partner isn't. If anyone has any advice this would be great.

Thanks.

dookar

AsknAnswer2 wrote: »

So a person who voluntarily leaves employment who doesn't claim for 6 months can still be sanctioned once they do claim.

No they can't

dookar

zaphriel wrote: »

Ditto to what the last guy said.

I'm just wondering what this hardship you guys were talking about is? Is it by any chance the crisis loan? We've been claiming it for a month now, but we're really struggling, and we've just had our last JSA request turned down again, due to me being a full time student, while my partner isn't. If anyone has any advice this would be great.

Thanks.

you shouldn't be turned down for that. Did you make a joint claim and apply to be exempted?

Indie_Kid

dookar wrote: »

you shouldn't be turned down for that. Did you make a joint claim and apply to be exempted?

It does also depend on how much the student loan and grant are.