JSA suspended, what options do I have??

evangelista

Hi there, I became employed at the beginning of the year but had to leave the job as I had to travel from Harrow to Godalming,Surrey everyday. It took 2 and a half hours getting there and 2 and a half getting back, that was a total of 5 hours commuting. After a month they reviewed my salary from 18k per annum and dropped it by 6k to 12k per annum.This was a a serious blow as I was already spending £300 a month to get there. I had to leave as it was too inconvenient for me. Anyway, I filled in a form they sent me regarding this and as a result have decided to suspend my jsa till June. This is a big problem for me now as I have only just got a place and have got the housing benefit sorted out. My wife is unemployed and 5 months pregnant and we have a 1 year old too. Went to the jobcentre and they told me to fill in a hardship form. The lady also said if I could show some evidence I was looking for work while I was employed it would show that I was still trying... Please help, what can I do?!? Will my Housing Benefit and council tax benefit be cancelled now??

dmg24

Your LHA and CTB will not be affected. Is your wife claiming JSA in her own right? You may be entitled to the hardship rate, which is 80% of the full rate.

evangelista

thanks for the reply, it's jst that in other threads I see jsa suspension, dwp then notifying Local authority to stop hb and ct. Will I be receiving a letter saying it will stop? I dont know what to do...

dmg24

Sorry, I should have said, you would be best to speak to the LA yourself to explain the situation and ask that your claim continues. You are still eligible on the basis of being on a low income.

cit_k

34259 If employers tried to impose a change in the terms and conditions of employment
1. without agreement and
2. which makes them a lot less favourable than before
they may have ended the employment by breaking the contract of employment1. If
claimants left their employment in such circumstances, they will not have left
voluntarily. Employees who are dismissed for refusing to accept such changes have
not left voluntarily2.

Does that not meet your circumstances?
If your terms of contract were changed without agreement, and they are less favourable, then you did not leave voluntarilly from what I can see?

lewt

evangelista wrote: »

Hi there, I became employed at the beginning of the year but had to leave the job as I had to travel from Harrow to Godalming,Surrey everyday. It took 2 and a half hours getting there and 2 and a half getting back, that was a total of 5 hours commuting. After a month they reviewed my salary from 18k per annum and dropped it by 6k to 12k per annum.This was a a serious blow as I was already spending £300 a month to get there. I had to leave as it was too inconvenient for me. Anyway, I filled in a form they sent me regarding this and as a result have decided to suspend my jsa till June. This is a big problem for me now as I have only just got a place and have got the housing benefit sorted out. My wife is unemployed and 5 months pregnant and we have a 1 year old too. Went to the jobcentre and they told me to fill in a hardship form. The lady also said if I could show some evidence I was looking for work while I was employed it would show that I was still trying... Please help, what can I do?!? Will my Housing Benefit and council tax benefit be cancelled now??

Are you joking?

cit_k

lewt wrote: »

Are you joking?

How many people would be happy with an employer dropping the arranged salary by 6K without warning?

The law appears to side with the O/P on this one, as I posted from the decision makers guide, it clearly states that unfavourable changes to a contract of employment, without agreement, mean an employer did not leave voluntarily if they walk out or are dismissed.

Its just a shame, yet again, someone at the DWP didn't do their job properly.

Hopefully if the O/P appeals, and qoutes that section from the decision makers guide, someone will do their job properly and get it sorted.

property.advert

Constructive dismissal springs to mind.

IronMaidenFan

cit_k wrote: »

How many people would be happy with an employer dropping the arranged salary by 6K without warning?

The law appears to side with the O/P on this one, as I posted from the decision makers guide, it clearly states that unfavourable changes to a contract of employment, without agreement, mean an employer did not leave voluntarily if they walk out or are dismissed.

Its just a shame, yet again, someone at the DWP didn't do their job properly.

Hopefully if the O/P appeals, and qoutes that section from the decision makers guide, someone will do their job properly and get it sorted.

Well said cit_k!

What is the point of an employment contract if your employer can reduce your salary by a third whenever they feel like. Hopefully the OP appeals against this ridiculous decision and its sorted out a.s.a.p.

speedfreek1000

dmg24 wrote: »

Your LHA and CTB will not be affected.

The award will not be but the payments will be automatically suspended :eek:

The DWP will inform the Council of the stopping of JSA for fraud prevention. Council automatically suspend benefit payments and send letter 'payments have been suspended until the following evidence is provided'.

Unless......

You provide a Change in Circumstance to the council notifying them of this. before the DWP does :rotfl:

OP the quickest way to sort this out is to call Council Office tomorrow and ask them what evidence they require. Go to office with evidence, see an advisor & sign a declaration. It's that simple.

All changes of income require you to do this. Please see your Council website for a list of changes in circumstance which you are required to inform them of :T

suelees1

Just to clarify it for you evangelista, HB is not only awarded because you are on a qualifying benefit such as JSA, it's based on your income so you should still get full benefit but do as speedfreek has said and get the ball rollling tomorrow.

We don't know what the terms of your employment were but it sounds very unfair so there might be grounds for claiming constructive dismissal

In the meantime lodge an appeal arguing that it was reasonable for you to finish work.

In the meantime you can chose to swap claimant roles so your wife becomes the JSA claimant for a while although I realise it's not ideal. Alternatively if she's not capable of work she should claim Employment Support Allowance for the two of you.