Resigning from job and then claiming JSA - how long do sanctions apply and from when?

noelphobic

My son (22 year old graduate) had a temporary job through an agency for a few months. Prior to that he had been on means tested JSA for around 8 months. He stayed in this job for approximately 6 months but then resigned. He left around 3 months ago and has been unable to fnd anything else yet.

He has not claimed JSA or any other benefits since leaving his job. I know that if you have resigned from your job that DWP will apply sanctions which mean it can be some time before you get any JSA. Does anyone know how long the sanction would be likely to apply for and whether it would count from the date he made a claim or from the date he actually left his job?

I have looked on the benefits websiite and elsewhere but not been able to find an answer.

dmg24

The sanction will be for up to 26 weeks, and will apply from the time he applies for JSA. He *may* qualify for a hardship payment, which is 60% of the applicable amount.

noelphobic

dmg24 wrote: »

The sanction will be for up to 26 weeks, and will apply from the time he applies for JSA. He *may* qualify for a hardship payment, which is 60% of the applicable amount.

so the fact that it is a few months since he left his job won't be taken into account at all then?

irishjohn

I resigned from my job to look after a relative in February. I went to sign on at the end of October and my contributions based JSA payments started last week. I think he should go along and sign on and see what happens.

dmg24

noelphobic wrote: »

so the fact that it is a few months since he left his job won't be taken into account at all then?

No, the fact that he has not chosen to sign earlier will not be taken into account.

irishjohn wrote: »

I resigned from my job to look after a relative in February. I went to sign on at the end of October and my contributions based JSA payments started last week. I think he should go along and sign on and see what happens.

Have you been asked to complete a form explaining the reasons why you left your last position? If so, it may still be under consideration by the DM. If there is a backlog, you will be paid JSA at the full rate until your case is considered. You will not be asked to pay this back if a sanction is later applied.

noelphobic

If you are claiming means-tested JSA and have over 6k in savings (but less than 16k) when you apply and a sanction is applied, then how much of your savings would it be considered reasonable to spend while you are waiting out your sanction?

dmg24

noelphobic wrote: »

If you are claiming means-tested JSA and have over 6k in savings (but less than 16k) when you apply and a sanction is applied, then how much of your savings would it be considered reasonable to spend while you are waiting out your sanction?

'Reasonable costs of living' is about as specific as I could be on that. It would be up to a DM as to what is reasonable.

irishjohn

dmg24 wrote: »

Have you been asked to complete a form explaining the reasons why you left your last position? If so, it may still be under consideration by the DM. If there is a backlog, you will be paid JSA at the full rate until your case is considered. You will not be asked to pay this back if a sanction is later applied.

No - I had a face to face interview to apply for JSA and explained my circumstances at this interview

dmg24

irishjohn wrote: »

No - I had a face to face interview to apply for JSA and explained my circumstances at this interview

The advisor that did your interview is not a DM, so cannot decide whether you would be sanctioned or not. They will have sent your information to a DM, so you may get a letter about it in the future. If you don't, the advisor did not complete the right form, so keep quiet about it!

CCFC_80

Don't want to build your hopes up but the fact that he left the job as it was temporary and not permanent might not go against you. He obviously has his reasons and just an Idea, I would have got a letter from the employment agency to confirm it was in the best interests for him to leave as the job was unsuitable.This would probably carry some weight when making a new claim and may avoid sanctions of up to 26 weeks.

After all the likelyhood is that the company might have got rid of him anyway at any time being a temp and never offer him a permanent job. It would all depend on the views of the so called Independent adjudicating Officer who the claim would be referred to.

sammyjammy

andy46 wrote: »

Don't want to build your hopes up but the fact that he left the job as it was temporary and not permanent might not go against you. He obviously has his reasons and just an Idea, I would have got a letter from the employment agency to confirm it was in the best interests for him to leave as the job was unsuitable.This would probably carry some weight when making a new claim and may avoid sanctions of up to 26 weeks.

After all the likelyhood is that the company might have got rid of him anyway at any time being a temp and never offer him a permanent job. It would all depend on the views of the so called Independent adjudicating Officer who the claim would be referred to.

If this were the case then the employer would be asked when the job might have reasonably ended, if the answer is less than six months then the sanction would be timed accordingly and might not last 26 weeks, all other things considered of course.