Refused JSA because my previous claim failed - how long before I can reapply ?

crunchie1

I tried to claim contribution based JSA in October but was refused due to insufficient national insurance credits for the year ending April 2008.

I waited until the new year as the contributions record then rolls to the years ending April 2008 and 2009, for which I have plenty of contributions.

But my local job centre have stated that it is still part of the last, failed, claim, and that I will still receive nothing. I asked how to start a new claim, or how long I must wait before reclaiming but they said they did not know !

If I had not initially claimed until January there would be no problem. It seems ridiculous that despite qualifying now I still won't get a penny.

They have said they will write to head office to try to find out, but that will take ages. Does anyone know what my rights are, or how to initiate a fresh claim ?

laulau1

Hi, if you claim within 12 weeks of your last claim, it "links" back to that claim and they will use the same years. You would need to sign off, and make a new claim 12 weeks 2 days after the last day of your last claim.

crunchie1

Is it possible to withdraw the original claim, or terminate by, for instance, going away for a couple of days holiday ?

laulau1

you don't need to go away for a few days. just hand in your ES40 card and say you no longer wish to claim, and what date you want your last effective date to be.

crunchie1

Thank you very much. So can I make my last effective date of the old claim to be, say, the day after I put the first claim in ? I did not receive any money and the claim was rejected as soon as it was processed.

It really seems unfair that if I had waited until January I would now be getting my payment. I did not realise that I had insufficient contributions until too late.

NASA_2

In ESA and IB there is something called 'Modification' or 'PIW Breaking' - essentially what this is is a request for a previous claim (In a previous benefit year) to be disregarded with a new claim made in the new benefit year and the linking period being ignored.

I'm pretty sure this exists with JSA as well but cant find the relevant details online.

Its worth ringing them and asking - be prepared for them not having a clue what you are talking about though.

crunchie1

Thanks for the helpful replies. I am still confused as to the interpretation of the 12 week rule. I first signed on in October, and I suppose my claim ended on the 20th Oct when they told me I would get no money due to insufficient NI contributions. So I waited for the new benefits year and signed on again on 11th Jan.

I am now signing on while they reach a decision. So if they refuse me again as they say it is part of the original claim, will I have to wait yet another 12 weeks to reclaim ? Or does this claim not count ? If I had known and waited a few more days in January all would have been ok, but how does anyone know until too late ?

NickyBat

crunchie1 wrote: »

Thanks for the helpful replies. I am still confused as to the interpretation of the 12 week rule. I first signed on in October, and I suppose my claim ended on the 20th Oct when they told me I would get no money due to insufficient NI contributions. So I waited for the new benefits year and signed on again on 11th Jan.


So according to these dates you were one day early for the 12 weeks

dseventy

What income do you have now? If you cant get JSA how are you paying for things?

D70

crunchie1

Yes it seems I was a day or two early - but I had no idea there were any restrictions on reapplying, and no-one at the job centre told me.

I can't get get income based JSA as my husband has earnings.

crunchie1

I have today had my claim rejected because it was 2 days early. The appeals department would not help. I cannot reapply until May as I have to finish this claim and wait 12 weeks from today.

Please, please, does anyone know if there is any other way to appeal as I am desperate.