Help - JC+ threatening to cancel my claim

Pea-pod

Hope someone can help me with this one...

I was made redundant last summer and am still looking for work.

Last September, I enrolled on an advanced diploma course at a local university to retrain for a different sector as my old industry sector has all but vanished and what I used to do was quite specialised.

The course is part time and less than 16 hours a week - I cleared it with my jobseeker consultant first to make sure it did not conflict with my jobsearch obligations.

I am still looking for work, but doing well on the course and building up new contacts. I have a field trip in 2 weeks time which takes me to europe for a couple of days. The trip conflicts with my next sign on date.

Yesterday, I asked at the jobcentre what alternative arrangements I should make when signing on. I was told that leaving the country would automatically result in my claim (I don't get any money, just my stamp paid) being cancelled. This would invalidate my mortgage protection insurance which requires me to submit an ABI1 every month.

What is worse, I was told that my course itself may render me ineligible to sign on. I have been told to complete a form which will then be assessed to see if I can continue to claim - although only part time, I was told that some part time courses are considered to be full time because they are so demanding.

I am now sick with worry and don't know where to turn. When I asked for a copy of the assessment criteria for course classification they refused on the grounds that I would use it to my advantage!!!

I can't believe this is happening to me - I have paid for the course out of my redundancy settlement to retrain, yet if they decide to disqualify my claim, I will probably have to drop out because I will then loose my insurance payments.

Also, can I do about the field trip? It is part of the course and certainly not a holiday.

Please, can anyone help?

DCFC79

Could you not find a part time job to cover some of the payments

skintbint_2

ask to speak to your adviser again or speak to citizens advice - it really depends on the course regarding classed as >16hrs even althougha ttending for <16 its a matter of course that you fill in a form and it goes to a decision maker for a formal decision - as for going abroad ask them to double check the guidance on training courses abroad but generally it is a case of you have to sign off if leaving the country and reclaim as soon as you return, however there are some occasions (not very many though) that allow your claim to run and i cant remember them off the top of my head.

Pea-pod

I've just found this post on another web-site - can anyone explain what the exceptions are?

Reg 19(1)(p) of the JSA Regs does allow for a claimant to be away from home (on holiday) for up to 14 days, on the basis that they allowed to be treated as actively seeking work, although they must still be available for work. However, JSA entitlement is still normally dependent on the claimant being in GB (sec 1(2)(i) Jobseekers Act 1995). Regulation 50 of the Jobseeker�s Allowance Regs does allow for some exceptions to this for varying numbers of weeks where someone is �temporally absent from GB. These are also summarised on page 639 of the current CPAG Handbook, but none of the exceptions are as "straightforward" as a claimant being on holiday.

Stryder

suggest you see if the library has a copy if the CPAG handbook

skintbint_2

as stated in my post there are exceptions but few and far between and seldom come across - medical treatment abroad is one that i can remember. And the availability is normally you have to be able to take up employment within 24 hrs again there are exceptions - caring, voluntary work etc. Hence why OP has to speak in depth with an experienced adviser who can find the regulations or CAB

dmg24

Whilst there are exceptions to the general rule, if you are on a course whilst you are away then you are not available for work. I cannot see how they will allow you to continue your claim for this period, though you should be able to do a rapid reclaim when you return.

skintbint_2

you can attend a work related course for a period of up to two weeks within any twelve month period, however not sure if aboad is covered.

ceridwen

I would have thought that you could take the two weeks abroad part of the course as the (measly) 2 weeks per year of holiday that unemployed claimants are allowed to have??

Oldernotwiser

ceridwen wrote: »

I would have thought that you could take the two weeks abroad part of the course as the (measly) 2 weeks per year of holiday that unemployed claimants are allowed to have??

You cannot claim whilst on holiday abroad; only in the UK.

oldmotherreilly

There is a lot of 'ignorance' (for want of a better word) around courses and JSA in JCP. The 16 hour rule is only in relation to courses that are funded by the Learning and Skills Council-all other courses are subject to different rules and regulations. Your original advisor should, however, have definitely got you to complete the 'course' stencil as this is the proof that s/he has agreed that the course is OK. You will be asked to bring this in and also to provide a copy of your Learning Agreement-how many hours a week does this state? What does the educational establishment you are attending class the course as-full or part time? If they class it as full time, then the Decision Maker is liable to disallow your claim as full time students are considered to not be available for work. Even if your prescribed study hours are less than 16, the course can still be full time-degree students guided learning hours are less than 16 but the courses are full time.