Job Centre owe us £700!!

rajd

Thank You Kamitatsu, that is quite clear.

Can you please advise on how long they should have taken to advise us this was the position and should they have continued to ask her to come in to sign. If we had known this was the case, she could have gone back to MK at the time.

Thanks

Bamber19

Kimitatsu wrote: »

If she has been working whilst a student she may have had a tax exemption and so will not have paid enough.

As a student you have the same tax allowance as a non student, it wouldn' have made a difference. It's NI that's the issue anyway.

rajd

Right, Thank You.

She knows about her pay from the last 2 years and as this was a postgraduate degree she didnt get any tax exemptions and knows she earned enough to have paid enough stamp.

26 weeks is crazy! I will take what you have said and do some more research. Thankyou

Bamber19

rajd wrote: »

Right, Thank You.

She knows about her pay from the last 2 years and as this was a postgraduate degree she didnt get any tax exemptions and knows she earned enough to have paid enough stamp.

26 weeks is crazy! I will take what you have said and do some more research. Thankyou

There really shouldn't be an issue on the grounds of you living together as a couple then. Is it possible the decision ahs been made 2 fold, that she is both ineligible for income based as she lives with you as part of a couple and is also ineligible for conts based because she is deemed to still be a student (if what another user said is correct, and I think it may be, that you remain a full time student for benefit purposes if you are intending to return)

welshmoneylover

rajd wrote: »

This is my first post and I need some advice. Bare with me it's a doozy.

So I live in a shared flat in Southampton where I have recently moved to for a job. The job is nothing special, I get paid minimum wage but work long hours so earn enough to get by and pay off some of my debts very very slowly.

After moving, my recently new girlfriend, who was a student, had to withdraw temporarily from university and defer the year. She was living on her fathers sofa as she had little money and no where else to go. While searching for jobs she decided to sign on for job seekers in Milton Keynes where her father lived.

The first point comes here: the jobcentre required a letter from her university to prove she was no longer a student. She received this within a week or so and presented it to the Jobcentre. She continued to sign on and was eventually paid for a couple of weeks. The jobcentre had seen and approved the fact she was't a student anymore.

After a further couple weeks, the situation at home was difficult and I was paying for a flat that I hardly used during the day and thought this would give her some space and time to get a job. After all she was my girlfriend however young the relationship. She came up to stay but was going back home to Milton Keynes to sign on in Milton Keynes so we decided she may as well sign on here and stay here more often.

Now here comes the first fun part. you would think that her details were easily accessible in a organisation that costs the taxpayer £4bn annually. How silly of us to possibly think such a thing! They said that they needed to request her paperwork from Milton Keynes and then process in Southampton and that she should continue to sign on every 2 weeks. She did so. Every 2 weeks. From September.

After not being paid anything for a month and me having to request over time at the expense of my health, she contacted asked what was going on, Southampton hadn't a clue. She had to call the central number. After 4 days of being hold at costs I dont even want to contemplate, she got through and was told her claim from Milton Keynes had been cancelled and there was nothing in the pipeline! One hour later, and 3 systems on the computer checked, her new claim in Southampton had been found. Only problem was, as far as they were concerned, she was a still a student!

After explaining the situation and that Milton Keynes had already seen and accepted that she was no longer a student, the advisor had no advice!! They had to request all the paperwork from STOCKTON!! and she still had to keep signing on all the while.

Another month down the line and no payment, I had now started to loose money through supporting us both. We queried again and Southampton still hadn't got a clue. She just had to keep signing on. She even got invited to a jobs workshop!

I had had enough by Mid-November and told her to sort it out. She said there was no reason the JSA wouldn't be paid, they just needed to sort out that she wasn't a student. A week later she received a letter asking her to come in for a compliance meeting. With nothing to hide she went and told them the situation. This was 3 months with no payment. They asked her about my situation and just my pay rate, not hours. She said minimum wage. I am 23 by the way so not even the highest rate minimum wage. She said that if she did not stay with me she would be homeless, which was true as her father no longer had space for her.

Still there was no payment or decision. We called all over December and still nothing. They did say that her claim was being processed by paper!! actual pieces of paper. Today, being the 5th of January 2011, she called up the central office and was told the compliance officer had decided that we were living as a married couple and she was not entitled to any JSA what so ever, not even contribution based. No letter was sent with this decision.

You can understand my fury at this. 4 months have gone without payment, we have been lead along all this time that its was just because they needed proof she was no longer a student, she kept signing on and doing what she needed to do. We were not given any indication she may not be paid, we could have adjusted our situation or I could have called in a favour from a friend and she could have moved into a spare room. She owes me in rent that will not get paid. I have had to spend on a credit card. How can anyone assume a couple who have only been together for 2 months are "married". Surely I should get some sort of tax refund or credit. This whole process is ludicrous. Do they not have to have a time limit to make decision or justify not paying somebody for a certain period of time especially if they are completing their side of the jobseekers agreement?

I could have made provisions and other plans for my money if I knew I would have to fully support her. However we were lead to believe it was coming, just late.

I am seriously considering getting a solicitor involved. I would not have had a problem if they had told us in the first few weeks or even the first month but 4 months!! Its simply just not right and I really need your advice.

Sorry for the length, but it is complicated but you are some of the most helpful people I know.
Thank You

I wouldn't bother with a solicitor, the decision maker will run rings around him

Considering she's a bit older and wiser than yourself, make sure she's not taking you for a ride. At 28 she should be aware of the job seeker's rules and perhaps its time she got a job rather than living off your generosity.

rajd

ok steady on people, I appreciate your advice but any judgement on me or my partner's personality or intentions is not welcome and I will report it. I have ask for your advice.

So surely she would not be eligible at any point then? if she lived with friends who were earning then what?
If she lived with her dad who earns, could she claim? If I was just a friend with a couch then what?

As I mentioned, any comments about her intentions being my partner or any other similar comments will be reported.
@welshmoneylover - isn't your signature abit insensitive to some of the people on this site?

tcr_3

Rajd,

You're right to be upset at the considerable delay in them making a decision. The compliance officer doesn't make the decision, they do the interview to gather evidence. That gets passed onto a manager at the Benefit Delivery Centre ... and that's where the logjams are in the system. Because that DM's got to sit down, consider everything said at the interview, consider their guidance & make the decision. And there's so many similar cases, so few staff, that huge delays are the result.

It's not the fault of the staff. DWP has lost over 10,000 members of staff in the last year. Sure, complain. But there's no financial loss therefore no compensation to claim. All you'll get is a bog standard "sorry about the delay" letter. Take it to your MP if you like, they're the ones tightening the pursestrings.

Of course, most of the delay is down to what she put on the forms. She obviously didn't put you down as her partner, hence the reason they've had to investigate the whole thing. If she'd been straight with them at the beginning she'd have been told that she wasn't entitled right from day one.

Apart from that, her only option is to appeal against the decision. But she'll have to prove that you both maintain separate households under the same roof ... and from what you've said in this thread I reckon she'll be struggling to prove that.

The only other thing you'll need to investigate is JSA(Contributory). You say she's been working. They say she doesn't qualify (not enough stamps maybe ?) ... does she have her P60's for the last few years ? They'll give her taxable income details and can prove DWP is wrong.

Indie_Kid

enabledebra wrote: »

If your girlfriend has only temporarily withdrawn from university she is still a full time student for benefit purposes and not eligible for JSA. I don't agree that you should be considered to be living together for benefit purposes but this doesn't affect the JSA issue. She needs to contact Student Finance England and ask for student funding to continue during her time out on the basis of hardship. She can ask the Access to Learning Fund at her University to consider financial assistance if SFE won't agree to help. She should contact her university advice centre for help with this.

If she's withdraw, she can't get any help from SFE on the basis of hardship.

NASA_2

rajd wrote: »

This is my first post and I need some advice. Bare with me it's a doozy.

So I live in a shared flat in Southampton where I have recently moved to for a job. The job is nothing special, I get paid minimum wage but work long hours so earn enough to get by and pay off some of my debts very very slowly.

After moving, my recently new girlfriend, who was a student, had to withdraw temporarily from university and defer the year. She was living on her fathers sofa as she had little money and no where else to go. While searching for jobs she decided to sign on for job seekers in Milton Keynes where her father lived.

The first point comes here: the jobcentre required a letter from her university to prove she was no longer a student. She received this within a week or so and presented it to the Jobcentre. She continued to sign on and was eventually paid for a couple of weeks. The jobcentre had seen and approved the fact she was't a student anymore.

After a further couple weeks, the situation at home was difficult and I was paying for a flat that I hardly used during the day and thought this would give her some space and time to get a job. After all she was my girlfriend however young the relationship. She came up to stay but was going back home to Milton Keynes to sign on in Milton Keynes so we decided she may as well sign on here and stay here more often.

Now here comes the first fun part. you would think that her details were easily accessible in a organisation that costs the taxpayer £4bn annually. How silly of us to possibly think such a thing! They said that they needed to request her paperwork from Milton Keynes and then process in Southampton and that she should continue to sign on every 2 weeks. She did so. Every 2 weeks. From September.

After not being paid anything for a month and me having to request over time at the expense of my health, she contacted asked what was going on, Southampton hadn't a clue. She had to call the central number. After 4 days of being hold at costs I dont even want to contemplate, she got through and was told her claim from Milton Keynes had been cancelled and there was nothing in the pipeline! One hour later, and 3 systems on the computer checked, her new claim in Southampton had been found. Only problem was, as far as they were concerned, she was a still a student!

After explaining the situation and that Milton Keynes had already seen and accepted that she was no longer a student, the advisor had no advice!! They had to request all the paperwork from STOCKTON!! and she still had to keep signing on all the while.

Another month down the line and no payment, I had now started to loose money through supporting us both. We queried again and Southampton still hadn't got a clue. She just had to keep signing on. She even got invited to a jobs workshop!

I had had enough by Mid-November and told her to sort it out. She said there was no reason the JSA wouldn't be paid, they just needed to sort out that she wasn't a student. A week later she received a letter asking her to come in for a compliance meeting. With nothing to hide she went and told them the situation. This was 3 months with no payment. They asked her about my situation and just my pay rate, not hours. She said minimum wage. I am 23 by the way so not even the highest rate minimum wage. She said that if she did not stay with me she would be homeless, which was true as her father no longer had space for her.

Still there was no payment or decision. We called all over December and still nothing. They did say that her claim was being processed by paper!! actual pieces of paper. Today, being the 5th of January 2011, she called up the central office and was told the compliance officer had decided that we were living as a married couple and she was not entitled to any JSA what so ever, not even contribution based. No letter was sent with this decision.

You can understand my fury at this. 4 months have gone without payment, we have been lead along all this time that its was just because they needed proof she was no longer a student, she kept signing on and doing what she needed to do. We were not given any indication she may not be paid, we could have adjusted our situation or I could have called in a favour from a friend and she could have moved into a spare room. She owes me in rent that will not get paid. I have had to spend on a credit card. How can anyone assume a couple who have only been together for 2 months are "married". Surely I should get some sort of tax refund or credit. This whole process is ludicrous. Do they not have to have a time limit to make decision or justify not paying somebody for a certain period of time especially if they are completing their side of the jobseekers agreement?

I could have made provisions and other plans for my money if I knew I would have to fully support her. However we were lead to believe it was coming, just late.

I am seriously considering getting a solicitor involved. I would not have had a problem if they had told us in the first few weeks or even the first month but 4 months!! Its simply just not right and I really need your advice.

Sorry for the length, but it is complicated but you are some of the most helpful people I know.
Thank You

Decision seems fair enough. You are living together (as husband and wife) from what you have said.

Also, if she has not withdrawn from the course, merely skipping a year, then I am not convinced they made the right decision on the student question.

Oldernotwiser

rajd wrote: »

ok steady on people, I appreciate your advice but any judgement on me or my partner's personality or intentions is not welcome and I will report it. I have ask for your advice.

So surely she would not be eligible at any point then? if she lived with friends who were earning then what?
If she lived with her dad who earns, could she claim? If I was just a friend with a couch then what?

As I mentioned, any comments about her intentions being my partner or any other similar comments will be reported.
@welshmoneylover - isn't your signature abit insensitive to some of the people on this site?

You can report this if you like, but if your partner didn't state that she's living with you then she's lucky not to have been prosecuted for benefit fraud!