a strange question on jsa

dookar

I don't know how to say this without sounding pompous, so here goes - I try not to state my opinion, just the law/rules

dan160987

pomposity backed by substance is admirable

thank you so much for your help.

does anybody know if the income will be taken from the jsa as and when it is paid, or when it is earnt?

thanks all"

epitome

dookar wrote: »

A rapid reclaim is an administrative concept, not a legal one. In terms of legislation there is no such thing, merely 'an appropriate form recognised by the secretary of state'. As far as a claimant is concerned there is no such thing.

It is called a Rapid Reclaim as you say in the administration of benefits, it is done on a JSA4RR form, we all know what the RR stands for. The computer refers to it as a rapid reclaim, the letters you get refer to it as a rapid reclaim.

May seem a petty distinction but it's an important one in terms of expectations

I'm not sure of the point you are making. It doesn't matter what the process is called, we can refer to it any way you like, but at the end of the day, it is what is, a claim which uses existing information held on file, to speed up the process of claiming when the circumstances have not changed.

Out of interest can a claimant be stopped (from doing this) or have their benefit reduced if they do decide to sign off for the 1 day they are due to get 3hours irregular work. Because the obvious advantage of doing it this way would be to get full rate JSA paid for all those weeks without work and then for the week where 1 days work was expected they would get JSA for Sun Mon Tues Wed (sign off for Thursday to do the work) sign back on Friday and get JSA for Fri & Sat. No deductions for income, claimant gets to keep all the JSA and the employed earnings. It seems to me that if you can't be stopped from doing this although it is jumping through a few (small) hoops it would be well worth your time.

epitome

dan160987 wrote: »

does anybody know if the income will be taken from the jsa as and when it is paid, or when it is earnt?

thanks all"

The benefit is reduced for the week or the fortnight (not sure) when the money is paid to her.

So what will happen is this...
Next time she signs on she will declare that she did within the last fortnight, 3 hours work on such day. She will declare that she has not yet been paid for this work. She may continue to do this in subsequent fortnightly signings declaring all the work she has been doing but has not yet been paid for. If the worked hours in any one benefit week go up to 16 hours or more the benefit will be stopped from the day before the 16 hours work began. She will then need to do a Rapid Reclaim starting from the day after the 16 hrs work stopped. She will continue in this process for as long as it takes at full rate JSA as long as she is not yet been paid .

When she gets paid
She will declare that payment to the jobcentre at the following signing day, a photocopy of her payslip will be taken. This then gets sent for processing, DWP will then either

• reduce her JSA for that fortnight only by an equal amount to her earnings -£5 e.g. £50earned becomes £45 deduction.... They may -£5 for the payment or they may -£10 = (2 x £5) (£5 per week for the fortnight of benefits) (I don't know which) and then she will revert to full JSA or
• They will do the above and adjust her future JSA weekly amount to take account of expected future earnings based on an average of her earnings over the period she was working but not being paid.....

This may not be entirely accurate but it gives you an idea of what might happen.

If she is not signed on for the week in which she finally gets paid....her earnings will not be taken into account on her next rapid reclaim. It will be basically back to square one i.e. full rate JSA.

Also although Dookar may be technically correct with the EIOR rules, she may encounter someone in the jobcentre who will tell her she needs to sign off as she is now earning too much (assuming she is paid each week/fortnight) in which case she will have to refute that and insist she is within her rights to stay on JSA......It happens all the time unfortunately.

pmlindyloo

dan160987 wrote: »

Sorry dookar, what is eior? Does it matter that my partner has to invoice for her work?

Thanks so much again guys

If your wife has to invoice for her work then you need to check whether she is self employed.

What does it say on her contract?

See here:

http://www.hmrc.gov.uk/selfemployed/register-selfemp.htm

for what she needs to do as regards self employment.

sammyjammy

dan160987 wrote: »

fantastic,

dookar is this certain or your opinion/thoughts?

the first 3 hours is on tuesday and i would hate for her to lose the jsa for 1 days pay.
there is a possibility she could do the role on a voluntary basis but she would like to be "earning" some money for prides sake whilst she continues to search for fulll time employment,

also if she say works week ending the 27th but doesnt get paid till the week ending the 15th of next month i which week would the jsa be reduced (to zero)

cheers

dan

Dookar is correct she can continue to declare the work when she signs on unless she does more than 16hrs in a benefit week.

dookar

epitome wrote: »

I'm not sure of the point you are making.

the point is the 'rapid' implies quicker payment when this is not necessarily the case. As I said, it's about expectation

epitome wrote: »

Out of interest can a claimant be stopped (from doing this) or have their benefit reduced if they do decide to sign off for the 1 day they are due to get 3hours irregular work. Because the obvious advantage of doing it this way would be to get full rate JSA paid for all those weeks without work and then for the week where 1 days work was expected they would get JSA for Sun Mon Tues Wed (sign off for Thursday to do the work) sign back on Friday and get JSA for Fri & Sat. No deductions for income, claimant gets to keep all the JSA and the employed earnings. It seems to me that if you can't be stopped from doing this although it is jumping through a few (small) hoops it would be well worth your time.

Well, they're still getting an income

epitome

But an income outside of claim dates and therefore not going to be taken into account for calculation of benefits. Someone working FT for 35 hours one week will have to sign off they won't have the £300 they earned during that week affecting their JSA claim either side of the work so why should someone earning £75 have to have it affect them?

Answer = They don't, if they are smart.

dookar

The you have to consider cycles, identifiable or not, benefit weeks, attribution, linking etc

The system is robust enough to handle such an abuse

epitome

dookar wrote: »

The you have to consider cycles, identifiable or not, benefit weeks, attribution, linking etc

The system is robust enough to handle such an abuse

But definately worth a try, you've nothing to lose.