Backdating JSA

melting_snow

I was claiming JSA for 2 weeks before I found employment and signed off. I was under the impression I would be starting work straight away, but it took about 4 weeks to get my references back.

I asked my support worker (who is meant to have knowledge of benefits) what I coul do whilst waiting to start work as I had no money and was struggling to live. She said I couldn't claim JSA whilst waiting to begin work so I didn't bother applying.

Whilst talking to my CPN, she told me I was in fact entitled to JSA, but it would be contribution based, so I applied that day. This was 26th June and I had signed off the first time on 6th June.

I have rang the job centre today to see what is happening as I hadn't heard a peep. They said I will get a payment for 10 days but my reasons to backdate are 'not valid'. I have started work now and signed off on 8th July.

In short, I was told by someone with benefit knowledge that I couldn't apply. My CPN said I could. I applied the same day but my reasons for not claiming sooner are not valid.

I have said I'd like to appeal so she is sending me the form.

Just wondering what the likelihood of the appeal being accepted is?

Thanks

mynameistallulah

Were you actively seeking other work during the period in question, in case this position did not materialise? If not, you would not be eligible for JSA.

nannytone_2

you would needed to be given the wrong advibe by someone who works for DWP.

being given wrong advice by anyone else wont be a valid reason, as you should have made efforts to find out yourself

Torry_Quine

Why did you sign off Jsa before having a date to start the job. It is very difficult to back-date a claim as you've discovered.

Hope all goes well with the new job.

missapril75

What sort of support worker was this? Misinformation from people other than DWP staff is sometimes accepted as good cause.

busy_mom_2

A decision maker would look at your reasons and they will decide, you would have filled a form with what steps you did, if you did nothing because you had a job to start, you were not actively seeking work hence the disallowance.

rogerblack

If the worker was not working for the DWP - and they are not willing to backdate (as would seem very likely due to you not seeking work), you could have a claim for compensation against the support workers organisation.

NickyBat

The likelihood is pretty slim to be honest, but beyond the realms. Although you did ask someone you also could have enquired via the jobcentre - that is probably what they will say and you won't win the appeal, but i also advise people to ask anyway..................you never know.

melting_snow

In answer to your questions...

The support worker is from a mental health charity. She deals with people on benefits on a regular basis so I thought She must have been right.


I signed off JSA in the first instance as I began training for the job the next day. I didn't, however, realise this wasn't unpaid.

During the time I was waiting to start work, I was getting very frustrated with how long it was taking so I was looking for other jobs. I have evidence of this- emails to confirm my application was received, copies of job applications letters I prospective employers etc.

I have asked to appeal and will send the evidence back with it. I don't have any evidence of my support workers/CPNs conflicting views though.

missapril75

@melting_snow

It's perfectly reasonable for you to assume that such a support worker should be in a position to advise you.

A letter from that support worker would help. It doesn't have to be embarrassing for them, it could just refer to crossed wires or something.

They probably thought about people having a job to start and it wouldn't be appropriate to claim an allowance for seeking what one already has. But as with people who know they will be students from a particular date they can still apply for temporary work until then.

If they're not willing or you don't want to ask, which would be fair enough, would your CPN write to say she'd put you right as soon as she knew of the mix up?

Don't get bogged down in whether it would be Income Based or Contributions based. On this particular aspect which kind is irrelevant.

If you can't get back up from either, make sure the job centre at least knows you have involvement with that charity and a CPN. I mean specifically with this appeal, not just that an advisor or other worker there knows. If you do that, your chances will be better than they first appeared.