Been refused JSA need advice urgently

meme2012

UPDATED 20th July 2011

It has been confirmed today by the DWP that I am eligible to claim JSA during the summer vacation. My first payment has been issued and should hit my bank account Monday 25th July.

So, to confirm, should any other full-time lone parent students with a child aged over seven be misinformed by JCP that they cannot claim JSA during the summer vacation...

Full-time lone parent students with a child over seven whom are enrolled on an undergraduate course CAN claim JSA during the summer vacation.

You will need the following documents when you apply:

1) details of your loan/grants payments for the current year from Student Finance
2) A letter from your university confirming term dates, the date of your last exam (if applicable) and that you are no-longer expected to attend tuition-led lectures until the start of the next academic year.
3) Your passport
4) Most recent statements from all your bank accounts

Many thanks to all those that offered advice in this thread. Particularly, crystaltips and abbey1234519.


Looking for a bit of advice here.

I am a full-time lone parent student. During the summer break last year I was able to claim income support as my child was 7. Income support advised at that time, that this summer I would have to apply for JSA as my child would be over 8. My university and several other places (E.g. Cpag, NUS) confirmed this info. On page 17 of the JSA handbook it clearly states that full time lone parent students and student couples can claim JSA. And regulation 15 of the Social Security Act was amended in 2008 to allow full-time lone parent students to claim JSA during the summer vacation - to my knowledge this has not changed. However, I applied for JSA two weeks ago and have been refused - reason given is that apparently I'm deemed not available for work, even though it is clearly stated on my application that I am available for full-time work upto the 23rd September 2011. When I called JSA dept they told me that a full time loan parent student cannot claim JSA...but as previously mentioned, this is not what is relayed elsewhere. I have now been told that I will need to appeal the decision and that this could take months!

My problem is that I only have enough savings to cover basic utility bills (electric, water rates, insurance) until I return to university. I receive £50 child tax credit and £20 child benefit per week , but I have to pay £60 rent per week, I have no other income whatsoever. I have been applying for jobs (5 in last week)...but nothing yet, not even an interview. I really need some advice on what I can do, I must be entitled to some form of help.

Does anyone have any advice, please?

MissMoneypenny

meme2012 wrote: »

I receive £50 child tax credit and £20 child benefit per week , but I have to pay £60 rent per week, I have no other income whatsoever. I have been applying for jobs (5 in last week)...but nothing yet, not even an interview. I really need some advice on what I can do,

Phone up recruitment agencies and asked to be placed on their books for any type of temp work. Go to your local library and use their newspapers for job searching.

Applying for just 5 jobs a week is not enough to find work urgently.

meme2012

I've signed up with 4 agencies, I job search numerous websites daily. Problem is there are not many jobs available on temp basis between the hours of 9:30 - 14:30 - I need to drop and pick daughter up from school, I can't get a child minder and extend available hours until I get a job and have some funds coming in...child minders won't work for nothing.

ETA...and I have clearly stated on my application to agencies that I will take ANY kind of work.

RAS

Go and talk to your student welfare officer at ther Union, today.

meme2012

RAS wrote: »

Go and talk to your student welfare officer at ther Union, today.

Thanks. I contacted them yesterday, they should be contacting me with an appointment date today hopefully.

welshmoneylover

meme2012 wrote: »

I've signed up with 4 agencies, I job search numerous websites daily. Problem is there are not many jobs available on temp basis between the hours of 9:30 - 14:30 - I need to drop and pick daughter up from school, I can't get a child minder and extend available hours until I get a job and have some funds coming in...child minders won't work for nothing.

ETA...and I have clearly stated on my application to agencies that I will take ANY kind of work.

you seem to be restricting yourself with the hours you only want to work. Have you tried being more flexible? Are you receiving child maintenance from the father?

pinklady21

Hi there Meme
Sorry I do not have any experience of claiming JSA, however from your post, it would appear that the DWP have made an error in law.
Is there any mechanism to ask them to look at their decision again, quoting the actual law to them, prior to making an appeal?

Sorry I do not know the answer, I would hope your student advisor will be more up to speed on this one.
Best of luck.

meme2012

welshmoneylover wrote: »

you seem to be restricting yourself with the hours you only want to work. Have you tried being more flexible? Are you receiving child maintenance from the father?

I don't have much choice in the hours I work, as I said..my daughter is 8, I need to take her school and pick her up (I have no-one else to do this for me). The earliest I could get to work - if local - is 9:30 (she starts school at 8:55) and the latest I could work is 2:30pm (she finishes at 3:00pm). The school does not have a breakfast or after school club. I can't get a child minder until I get a job and some funds to pay for their services.

I don't get child maintenance from her father and nor can I. He lives in America (no idea where and I can't find out...I have tried in past) and he has not had contact since child was 10 months old.

meme2012

pinklady21 wrote: »

Hi there Meme
Sorry I do not have any experience of claiming JSA, however from your post, it would appear that the DWP have made an error in law.
Is there any mechanism to ask them to look at their decision again, quoting the actual law to them, prior to making an appeal?

Sorry I do not know the answer, I would hope your student advisor will be more up to speed on this one.
Best of luck.

Hi,

Yes, it does appear that an error in law has been made. I have discussed the legal aspect with the assessment team, they informed me that I would have to appeal...according to them there is no other way around it....even though they agreed that the JSA guidance & the 2008 amendment to regulation 15 makes its clear that full time loan parent students can claim JSA during the summer vacation! After contacting several other departments to seek clarification on this matter, this does appear to be the case. I was told the appeals process will take some time (weeks, not days), no definite time frame was given nor can it be given. I am preparing an appeal letter at present, I'm also considering making an application to ECHR's on the matter.

Many thanks for the good luck.

Oldernotwiser

Have you applied for HB/LHA for help with your rent?

Anubis_2

Is there anything in the rules that would prevent you from re- applying? It has to be quicker than appeal. Also put a note in regarding the law.