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Claiming JSA after dismissal?

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Comments

  • cassieB57
    cassieB57 Posts: 506 Forumite
    CCFC_80 wrote: »
    Out of interest though If they did lie about why they left the job,what would they be charged with. I do not think this would be classed as benefit fraud which covers other areas like.

    Types of Benefit Fraud
    • Working and claiming -claimants who are receiving housing/council tax benefit on the basis that they are entitled to job seekers allowance/income support but are in fact working.
    • Non-disclosure of property, capital or income - claimants who do not tell us about all their income, savings, capital or property so that the amount of benefit they get is higher than it should be.
    • Non-disclosure of partner (living together as man and wife, as civil partners and as same sex couples) -claimants not telling us they have a partner, knowing that if they did they would not be entitled to benefit.
    • Non-declaration of non-dependants or sub-tenants -claimants who do not tell us about other adults living in the property so that they keep, or increase their entitlement to benefit.
    • False claims by homeowners - homeowners falsely claim housing benefit, stating they are paying rent for the property, inventing a fictitious landlord and using false rent books and tenancy agreements.
    • False address or failing to declare a change of address -claimants who claim benefit for an address where they do not live. These types of offences can involve the landlord or other tenants, or occur when the claimant doesn't tell us that the have moved out of a property.
    • Landlord fraud -landlords who continue to receive benefit paid direct to them when they know the claimant has left the premises.
    • Fictitious tenancies -a tenancy is created between friends or family where the property would not normally be rented in order to obtain benefit to which they are not entitled.
    I cannot see what sort of action they could take against the claimant other then the upto 26 week normal suspension which they would have got anyway. Perhaps a JSA adviser could comment if lying on the form as to why they left their job is perceived as benefit fraud.

    Because if you leave a job voluntarily without good cause, or are sacked for misconduct, a sanction may be imposed for anything up to 26 weeks. Therefore if the material fact of a sacking was not disclosed, the claimant could receive benefit to which they were not entitled.

    As I said, the sanction would be no longer than the time left to run on the contract however.
  • CCFC_80
    CCFC_80 Posts: 1,289 Forumite
    cassieB57 wrote: »
    Because if you leave a job voluntarily without good cause, or are sacked for misconduct, a sanction may be imposed for anything up to 26 weeks. Therefore if the material fact of a sacking was not disclosed, the claimant could receive benefit to which they were not entitled.

    As I said, the sanction would be no longer than the time left to run on the contract however.

    Thanks,so then it would just be the usual upto 26 week sanction on receiving JSA if you do not tell the truth as to why they left their job.

    Not Fraud or Prison like some of the scaremongering people who have have replied so far who appear to be a bit clueless on this issue.
  • cassieB57
    cassieB57 Posts: 506 Forumite
    CCFC_80 wrote: »
    Thanks,so then it would just be the usual upto 26 week sanction on receiving JSA if you do not tell the truth as to why they left their job.

    Not Fraud or Prison like some of the scaremongering people who have have replied so far who appear to be a bit clueless on this issue.

    A sanction is imposed if a Decision Maker decides the jobseeker lost their job through misconduct. Non disclosure of a material fact with intent to receive benefit is fraud. Prison sentences are given for benefit fraud but are rare and usually involve large amounts over a long period.
  • CCFC_80
    CCFC_80 Posts: 1,289 Forumite
    cassieB57 wrote: »
    A sanction is imposed if a Decision Maker decides the jobseeker lost their job through misconduct. Non disclosure of a material fact with intent to receive benefit is fraud. Prison sentences are given for benefit fraud but are rare and usually involve large amounts over a long period.

    So then just to establish, no-one is likely to face a benefit fraud charge if they put on the form their reason for leaving their last job was that their contract was terminated or any another reason, as opposed to them stating that they were sacked if that was the case.
  • cassieB57
    cassieB57 Posts: 506 Forumite
    CCFC_80 wrote: »
    So then just to establish, no-one is likely to face a benefit fraud charge if they put on the form their reason for leaving their last job was that their contract was terminated or any another reason, as opposed to them stating that they were sacked if that was the case.

    I've never heard of it happening but I have seem where customer's were 'found out' and had a sanction anyway.
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