Back-dating claims & Appeals

missapril75

epitome wrote: »

But it doesn't simply mean that, it means when the office is closed and there is no alternative.

So it could just say when the office is closed then. If the office is closed on a Saturday there naturally is no alternative.

But you get paid up till and including the Friday, and not beyond. Saturdays and Sundays are not 'paid days" not even for salaried staff as has been proven by test cases over strike pay.

Not sure about that. I have seen appeals under Supplementary Benefit for final pay taken into account and JSA for holiday pay taken into account confirming that weekends did count. Hard to explain but the way benefit calculations were done was different for salaried staff compared to weekly paid staff.

As a civil servant my salary always reflected weekends. If I deputised in a higher grade for Friday to Monday for example I used to get four days at the higher rate of pay, not two.

Mind you, the downside of that was that if I was off sick for Friday to Monday that counted as four days against me.

But you get paid up till and including the Friday, and not beyond.

It's a slightly different situation but if you have someone with a benefit week Tuesday to Monday and they have a p/t wage, payable for Mon-Fri on a Friday, the pay on a Friday is deducted from benefit due on the Monday.

If they finished that job and got paid as usual on Friday 1st, that pay (not going beyond the Friday) would still be deducted for benefit week ending 4th because it was received in that week.

That would be similar to my suggestion earlier about the Monday to Sunday calendar week.

All I can say with any certainty is that in about 20 years of being involved in claims to process (under UB/Supp Ben and JSA rules) I never once had a B1 or JSA1 accepted from a weekend date

Someone working to a Thursday and having a claim allowed from Friday while others worked to Friday and only had claims allowed from Monday was something very noticeable.

It doesn't seem right. But then when I started, benefits were paid in advance. Someone called Andrews would be a Monday signer - Wednesday payday, while a Williams would be a Thursday signer - Saturday payday.

They could both be in identical circumstances, claiming from exactly the same date and one got a week's money on a Wednesday while the other had to wait until Saturday. I was used to quirks in the system from an early point. :rotfl:

Anubis_2

JSA(C) is not paid for the first three days anyway (known as waiting days) unless other conditions apply.

P.S. One more thing: The letter also states that I would be paid approx. £70 a week till end of April , and approx. £111 per week from May onwards. A couple of my friends who have been receiving cont-based JSA get £70 per week. Question: Are contribution-based JSA payments based on the NI contributions I've made for the last couple of years, as the name suggests?

The 111.45 is the couple rate for IR JSA.

It seems they are paying couple rate from May - and only paying you CB until the end of April.

Contribution-based Jobseeker's Allowance entitlement is based on Class 1 National Insurance contributions in the two complete tax years preceding the calendar year of claim.

The rate is same for everyone over 25 - £71 pw. CB JSA is only paid for six months. I'm wondering if you have claimed CB JSA previously?

See here
http://www.entitledto.co.uk/help/jsa.aspx?AspxAutoDetectCookieSupport=1

epitome

missapril75 wrote: »

So it could just say when the office is closed then. If the office is closed on a Saturday there naturally is no alternative.

You could argue that there is no need for the words "and there is no alternative" if you interpret the words "could not have resonably have claimed earlier" to include other methods of claiming. However, it would not be the first time that laws have been written unecessarily.
I don't think that the words "and no alternative" are uneccesary though, because it is telling claimants that just because their local office was closed (for redecoration) and there was a sign in the window saying the jobcentre has moved to 30 Brook Street" that they would be expected to follow those instructions. Or alternative arrangements would include that on Monday at 9pm the office was closed but on Monday from 9 - 5 the office was open.

Not sure about that. I have seen appeals under Supplementary Benefit for final pay taken into account and JSA for holiday pay taken into account confirming that weekends did count. Hard to explain but the way benefit calculations were done was different for salaried staff compared to weekly paid staff.

As a civil servant my salary always reflected weekends. If I deputised in a higher grade for Friday to Monday for example I used to get four days at the higher rate of pay, not two.

Mind you, the downside of that was that if I was off sick for Friday to Monday that counted as four days against me.

And there is an anomaly there for some salaried staff, they can get strike days pay taken off them at a value of 1/260th yet some of them have sick days over weekends, this would be a fight worth taking up with their HR dept, the HR can't have it both ways. However, Civil Service do not deduct stikes at 1/260, some colleges do but they are not civil service are they? Holiday pay would be counted as wages (and is for strikes too). The claimant will have an "end date of employment" (EDOE). He would have had his salary stop from the Friday and his P45 would say the Friday. Of course final pay and holiday payments need to be looked at. But I would say we are going off track here..... We are determining if there is good cause, if there is good cause and the claimant has an income for the period that will all come out in the wash later.

All I can say with any certainty is that in about 20 years of being involved in claims to process (under UB/Supp Ben and JSA rules) I never once had a B1 or JSA1 accepted from a weekend date

If I found myself in this position, I would have my day at tribunal having seen the legislation, I believe it is being interpreted incorrectly. That is what our courts are for to challenge where we think we are being wronged.

missapril75

epitome wrote: »

If I found myself in this position, I would have my day at tribunal having seen the legislation, I believe it is being interpreted incorrectly. That is what our courts are for to challenge where we think we are being wronged.

I'm surprised you believe these things haven't been challenged before. These backdating issues have been around for decades.

epitome

If you have any case law I would be happy to read it.

I don't know if tribunals get published but if they do and you know where to find them please tell me and I will look to see if I can see what arguments were made.