Pension credit and current JSA claim

Flyflot

Hi,

My partner and myself have a joint JSA claim right now. He is eligible for Pension Credit as of September this year.

We have just been informed that as of July this year we will be transferred from the JSA onto the Work Programme because of length of JSA claim (12 months in July).

Will he/we need to continue to be on the Work Programme to qualify/obtain the Pension Credit? Or would it be our 'right' to claim anyway!

Because of my partners small personal pension we currently only get £33 pw on JSA and it does not seem to be worth the financial bother and/or the upheaval to attend this new Work Programme in July with its large added travel costs that will be incurred to attend this scheme which is about 20 miles away.

My partner is highly unlikely to get a job being 61 years old, and I have enough health issues to stop me doing all sorts of jobs that involve lifting, standing, and other medical issues etc., and feel that going 'through the motions' of this Work Programme something of a farce - especially when there are so many young people out of work and who need the work/experience etc., and much fitter and younger than we are.

Any advice or feedback on the above please!

Thanks

epitome

Have you asked the JC if the Work Programme is voluntary?
There was a lot on the news a few weeks ago about how the government did a U-turn on some sort of work programme and said it was now entirely voluntary..... Though which bits are voluntary and compulsory I have no idea,

Whiteknight

Flyflot wrote: »

Hi,

My partner and myself have a joint JSA claim right now. He is eligible for Pension Credit as of September this year.

We have just been informed that as of July this year we will be transferred from the JSA onto the Work Programme because of length of JSA claim (12 months in July).

Will he/we need to continue to be on the Work Programme to qualify/obtain the Pension Credit? Or would it be our 'right' to claim anyway!

Because of my partners small personal pension we currently only get £33 pw on JSA and it does not seem to be worth the financial bother and/or the upheaval to attend this new Work Programme in July with its large added travel costs that will be incurred to attend this scheme which is about 20 miles away.

My partner is highly unlikely to get a job being 61 years old, and I have enough health issues to stop me doing all sorts of jobs that involve lifting, standing, and other medical issues etc., and feel that going 'through the motions' of this Work Programme something of a farce - especially when there are so many young people out of work and who need the work/experience etc., and much fitter and younger than we are.

Any advice or feedback on the above please!

Thanks

He will not claim until he gets to the qualifying age - if that is September then he will not be able to claim until September.

So not sure what he will do between July and the 06th September if he does not want to go on the work programme.

fogartyblue.

Flyflot wrote: »

Hi,

My partner and myself have a joint JSA claim right now. He is eligible for Pension Credit as of September this year.

We have just been informed that as of July this year we will be transferred from the JSA onto the Work Programme because of length of JSA claim (12 months in July).

Will he/we need to continue to be on the Work Programme to qualify/obtain the Pension Credit? Or would it be our 'right' to claim anyway!

Because of my partners small personal pension we currently only get £33 pw on JSA and it does not seem to be worth the financial bother and/or the upheaval to attend this new Work Programme in July with its large added travel costs that will be incurred to attend this scheme which is about 20 miles away.

My partner is highly unlikely to get a job being 61 years old, and I have enough health issues to stop me doing all sorts of jobs that involve lifting, standing, and other medical issues etc., and feel that going 'through the motions' of this Work Programme something of a farce - especially when there are so many young people out of work and who need the work/experience etc., and much fitter and younger than we are.

Any advice or feedback on the above please!

Thanks

Direct from the horses mouth is this one and is backed up by postings on Rightsnet.

Anybody that is on ESA or JSA and they are over the prescribed age to qualify for Pension Credit can just swap over.

However the Pension Service now have a policy of hitting people with the deprivation rules.

If you give up one benefit soley for the purposes of claiming Pension Credit and you could have continued to stay on the original benefit, you will be treated as depriving yourself of that benefit and will find that you will be assumed to still be receiving it even though you don't anymore.

You cannot simply pick and choose & swap a benefit for another benefit.

The reason it seems is that those on JSA going on to Pension Credit then don't have to sign on anymore. As they are still of working age, they should be looking for a job. This will only affect people until both the retirement age of a woman matches that of a man.

Likewise for ESA, you cannot go onto Pension Credit if you are of an age that you are still entitled to claim ESA (ie up to 65 years of age).

People have been moving over to Pension Credit for an easier life away from the JC+ signings and job searches and those on ESA so as to avoid the medical assessments.

If you go straight onto Pension Credit and having not claimed any other benefit before you will be OK.

A lot of people are being caught up in this at the moment, including a very good friend who was on ESA and decided that he had enough and claimed Pension Credit. He is down £98 a week assumed income! He has claimed to go back onto ESA as he can't afford to lose that sort of money every week.

Single man being transitioned from IB to ESA, already on PC top-up, might not
qualify for ESA, and would find the procedure stressful. No anticipated life
changes before SRP age. Seems to us that he could just withdraw his sickness
benefit claim and rely on pure PC. Is there a significant risk of PC deciding he
has deprived himself of income?

Wihdrawing” could be problematic as your client wouldn’t want to be seen as
deliberately getting rid of income in order to increase Pension Credit
entitlement, the Pension Service could treat this as deprivation of Income. (
Reg 18 (6) SPC Regs). However if they failed the ESA test then there would be
no problem.

Daney555

Hi,
It would be wise to claim Pension Credit as soon as he qualify's, as from April 2013 those of qualifying age with a partner who is not of qualifying age will not be able to get Pension Credit until both partners are of qualifying age. This will be a change due to the Welfare Reform Bill.

fogartyblue.

Daney555 wrote: »

Hi,
It would be wise to claim Pension Credit as soon as he qualify's, as from April 2013 those of qualifying age with a partner who is not of qualifying age will not be able to get Pension Credit until both partners are of qualifying age. This will be a change due to the Welfare Reform Bill.

And as long as they aren't closing down one benefit claim that they could have continued to get, to claim Pension Credit! Otherwise deprivation rules will apply!

Whiteknight

fogartyblue. wrote: »

And as long as they aren't closing down one benefit claim that they could have continued to get, to claim Pension Credit! Otherwise deprivation rules will apply!

Only if they are closing a contribution based benefit - if it is income related ESA you will more likely find that you are advised to claim Pension Credit (it helps with the statistics)

epitome

Daney555 wrote: »

Hi,
It would be wise to claim Pension Credit as soon as he qualify's, as from April 2013 those of qualifying age with a partner who is not of qualifying age will not be able to get Pension Credit until both partners are of qualifying age. This will be a change due to the Welfare Reform Bill.

And about time too.

epitome

Whiteknight wrote: »

Only if they are closing a contribution based benefit - if it is income related ESA you will more likely find that you are advised to claim Pension Credit (it helps with the statistics)

Will you be sanctioned if you switch to PC from
ESA IR
ESA conts
JSA conts
JSA IB
IS

Does anyone know? It may only apply to conts benefits as those can be claimed at the same time as PC.

Whiteknight

epitome wrote: »

Will you be sanctioned if you switch to PC from
ESA IR
ESA conts
JSA conts
JSA IB
IS

Does anyone know? It may only apply to conts benefits as those can be claimed at the same time as PC.

If you are claiming a conts based benefit such as

ESA conts
JSA conts
Incapacity Benefit

and you cancel this to claim Pension Credit they should look at notional income as you can claim these benefits along with Pension Credit.

Income Support will only be paid up to the age a woman could claim Pension Credit.