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Not entitled to jsa because I'm seeing my children

Ok new here.

A little history, I was on 'the sick' and claiming income support for over 2 years because of stress as I hadn't seen my children for over a year, (mother is being implacably hostile). I recently had to go for a medical for the dwp who promptly told me I was fit for work even though my own GP says I am not and the court appointed psychologist also concluded the same in her report.

I appealed and lost (no suprise there).

Contact with my children has resumed which is currently every 2 weeks, whilst on income support I also claimed a Community Care Grant from the Social Fund - to visit a child who is being looked after by another parent while waiting for a court decision.

You may be able to get a community care grant if you are getting one of the following qualifying benefits:
  • [FONT=Swiss 721 BT,Swiss][FONT=Swiss 721 BT,Swiss]Income Support[/FONT][/FONT]
  • [FONT=Swiss 721 BT,Swiss][FONT=Swiss 721 BT,Swiss]income-based Jobseeker's Allowance [/FONT][/FONT]
[FONT=Swiss 721 BT,Swiss][FONT=Swiss 721 BT,Swiss]You can see it at the [/FONT][/FONT][FONT=Swiss 721 BT,Swiss][FONT=Swiss 721 BT,Swiss]dwp website claimform sf3000[/FONT][/FONT]

[FONT=Swiss 721 BT,Swiss][FONT=Swiss 721 BT,Swiss]Of course now I am off income support and claiming income-based JSA however, to qualify for Jobseeker's Allowance you must be:
  • available for and actively seeking work
[/FONT][FONT=Swiss 721 BT,Swiss]Now I have been told by the DWP that I am no longer entitled to JSA because I am visiting my children as I have to spend a whole day to travel to see them (I live in Wales, they live in Kent, I have to pick them up at 9am sat morning), as part of the commitment to jsa I have to be looking for and available for work! ALL the time.[/FONT]

[FONT=Swiss 721 BT,Swiss]To top this off now, the travel allowance has now been stopped, as I am no longer on JSA (I have to be in receipt of money not just 'signing on') even though jsa is a qualifying prerequisite.[/FONT]

[FONT=Swiss 721 BT,Swiss]I am back in court mid this month and was hoping for overnight and holiday contact, I do not think that I can do this now.[/FONT]

[FONT=Swiss 721 BT,Swiss]If I get a job, I will be liable for the legal bill, bearing in mind the psychologist cost £15,000 for a report on 3 of us. (costs to be awarded at the final hearing) I think I can earn up to £600 per month and still qualify but I cannot find a job that pays so little :( typical but and am also worried I will have to pay my solicitor in advance before further court action so everything will be stopped. [/FONT]

[FONT=Swiss 721 BT,Swiss]I am now living in my caravan parked in the street with no income and being helped out by my friends and family.[/FONT]

[FONT=Swiss 721 BT,Swiss]Any advice?[/FONT]
[/FONT]
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Comments

  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    As you have no job and no proper place to live, why don't you just move from Wales to Kent and rent a flat there? You'll be nearer to your children and in an area with more opportunities for employment.
  • absent_dad
    absent_dad Posts: 57 Forumite
    Thanks for the reply, moving costs money, renting will require a deposit which I do not have nor the rent in advance. A job will mean no legal aid therefore no contact and this made me ill in the first place. Besides, I don't want to live in Kent thanks.

    The real question is why do they offer me a grant which to qualify for, you have to be on jsa but then claiming this grant will make you ineligible for the qualifying benefit?

    I am now caught between seeing my children or income
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    Moving costs very little if all you have is in a caravan - how could you have your children to stay for holidays in this situation?

    It sounds as if you don't actually want a job so you shouldn't be claiming JSA anyway; I can quite understand your not wanting to move but then don't complain that seeing your children is difficult.

    If you keep putting your own wishes before living near (and providing for) your children then I don't think that you should expect everybody else to bend over backwards to sort out your problems.
  • missmontana
    missmontana Posts: 1,994 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    How do you think you would get over night and holiday contact whist staying in a caravan on a street?

    Can you not get a part time job to help pay for things, then you'd be able to apply for HB/LHA and get a place for you to have the kids?
    Be who you are, say what you feel, those who mind don't matter, those who matter don't mind.
    They say that talking to yourself is a sign of mental illness. So I talk to the cats instead.
  • Lou76
    Lou76 Posts: 428 Forumite
    Part of the Furniture 100 Posts Name Dropper
    absent_dad wrote: »

    A little history, I was on 'the sick' and claiming income support for over 2 years because of stress as I hadn't seen my children for over a year, (mother is being implacably hostile). [FONT=Swiss 721 BT,Swiss][FONT=Swiss 721 BT,Swiss][/FONT]
    [/FONT]
    absent_dad wrote: »
    Besides, I don't want to live in Kent thanks.

    Surely the fact that your children live in Kent, and you've been given visitation rights, would mean that, with no ties to the area you live now, you would do anything to move nearer to them?

    This would at least solve the Wales - Kent return train/bus fare each time, so no need for added travel expenses.

    You can't exactly complain that you're no longer receiving benefits on the basis of "stress" through not seeing your children if you now put up your own obstacles to avoid seeing them.

    Why wouldn't you move nearer them and, that way, you can claim JSA and still see them at the arranged times?

    I have no idea what Kent's like, I've never been, but it can't be that bad a place to live if you allow your children to be brought up there. Afterall, they're the ones we're talking about here.

    I don't have children, so I don't have that maternal gene in me ;) , but if I had to move in order to see the people I love most, I would walk to the ends of the earth for them. Kent would be a breeze for me.
  • dookar
    dookar Posts: 1,654 Forumite
    absent_dad wrote: »
    as part of the commitment to jsa I have to be looking for and available for work! ALL the time

    lies

    jesus. that stupid 10 character limit
  • AnxiousMum
    AnxiousMum Posts: 2,709 Forumite
    Part of the Furniture Combo Breaker
    Nothing at all wrong with Kent! In fact, it's quite lovely :) But, if you really have a problem with Kent, there's loads of other areas that are within a reasonable distance for commuting to see your children.

    It almost sounds like, from your original post, that you being in Wales and the travel times required to see your children is one of the reasons stopping you from getting work? Also you state you need a job that pays you less than £600 per month in order to keep what, legal aid?

    Your relationship with your children is important, and you obviously feel that is the case. But you cannot go on relying on the state to fund your choice to live on benefits so that you can maintain the contact with your children.

    You've come on here looking for advice, and if your children mean so much to you - and the visitation is as important to you as it is to their wellbeing, really give some thought to moving down to the South East, getting work and having regular contact with your kids. I know for a fact that for a simple £45 and doing a test for the CCSC (or is it CSCC?) card, you could get a job as a labourer on any of the new academy building sites going on in NW Kent. It may not pay a whole lot - but it would be a great new start, get you into a home where you can have your children visit you, heck - you'd even be able to go to school events to support them, sporting events etc as you'd be so close! Give it some thought :)
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    absent_dad wrote: »
    [FONT=Swiss 721 BT,Swiss][FONT=Swiss 721 BT,Swiss]Now I have been told by the DWP that I am no longer entitled to JSA because I am visiting my children as I have to spend a whole day to travel to see them (I live in Wales, they live in Kent, I have to pick them up at 9am sat morning), as part of the commitment to jsa I have to be looking for and available for work! ALL the time.[/FONT]
    [FONT=Swiss 721 BT,Swiss][/FONT]
    [FONT=Swiss 721 BT,Swiss]If I get a job, I will be liable for the legal bill, bearing in mind the psychologist cost £15,000 for a report on 3 of us. (costs to be awarded at the final hearing) I think I can earn up to £600 per month and still qualify but I cannot find a job that pays so little :( typical but and am also worried I will have to pay my solicitor in advance before further court action so everything will be stopped. [/FONT]
    [/FONT]

    Thanks for the reply, moving costs money, renting will require a deposit which I do not have nor the rent in advance. A job will mean no legal aid therefore no contact and this made me ill in the first place. Besides, I don't want to live in Kent thanks.

    The way I read this it is not a case that you have been taken off JSA because you cannot work one day a week, you are being taken off JSA because you are putting so many limitations on your job-hunting that you are not, in fact, actively seeking and available for full time work. The state is there to help you help yourself, but you come over more as if you want to milk the system - don't you want to set an example to your children and work anywhere for any wage? :huh:

    I have every sympathy for your mental health issues, having experienced them seriously enough not to be able to work myself for a couple of years. I am newly unemployed after an end of contract and have been permitted not to work mornings due to my medication, so it is possible to work round some commitments. Why are you wedded to Wales? There are towns and cities in striking distance of both Kent AND Wales so you can see both branches of your family.

    Once you find work and it is too low paid to manage on or too highly paid to be eligible for legal aid that is because the government believes you have sufficient income to live on. You have found MSE forums - there are boards to help you survive Debt Management Plans, bankruptcy and IVAs, how to cook and eat healthily on next to nothing, how to increase your income without affecting your family life, competitions, freebies and bargains. :money:
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • jacklink
    jacklink Posts: 778 Forumite
    dont forget, the whole system is against n.r.p's so that they can make moneys in court ect, they make it deliberately unfair so that there will always be a battle which in-turn generates money
  • dookar
    dookar Posts: 1,654 Forumite
    jacklink wrote: »
    dont forget, the whole system is against n.r.p's so that they can make moneys in court ect, they make it deliberately unfair so that there will always be a battle which in-turn generates money

    :D You're funny
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