Do "benefit sanctions" apply to Inc. Support?

triffidfood

Fairly self-explanatory question I suppose...

My partner is currently working part-time but, for a variety of reasons, wishes to hand in her notice and leave, a.s.a.p..

This is not a case of "constructive dismissal" or ill health (beyond stress-related migraines) .. she/ we have simply had enough of the work she's having to do.

My question is, will we be able to claim Income Support, even if my partner is deemed to have left work voluntarily?

As background, I was receiving Incapacity Benefit until recently (I failed a medical asessment primarily because, since I was able to literally cross the road and attend the interview, therefore I obviously can't genuinely be suffering from social anxiety... ).

I applied for Inc Support (while I wait for my appeal to be heard in 2012 .. or, umm, whenever), but was told I wasn't eligible for this since my partner's income effectively cancelled out this entitlement.

If my partner leaves her job and I now apply for this again, will I/we be turned down again, on the basis that my partner left work voluntarily?

Sorry for such a convoluted sounding question, I'm feeling tired.... :rolleyes:

Morglin

If you have failed the medical test, then they will put you onto JSA, at least until your appeal is heard..

http://www.jobcentreplus.gov.uk/JCP/Customers/WorkingAgeBenefits/Jobseekerallowance/index.html

Lin

healy

You may not be able to get Income based JSA if the total income is too high.

Morglin

If there is no other income, then they should be entitled to it.

Lin

triffidfood

Okay, so the circumstances in which my partner left shouldn't matter then? It will just be a question of our total income, and whether this is higher than the set allowance for Income Support?

trekker2002

It will depend on which one of you makes a claim. Neither of you can claim Income Support as both of you are classed as 'fit for work'. You will therefore need to claim Jobseekers Allowance (JSA).If your partner claims JSA with you a dependent then the reason she left her job will be a factor and she will have to give full details.Then it will go to a Decision Maker. If they decide she did not have 'good cause' for leaving then her benefit could be sanctioned.

If you claim then the reason she left her job will not be looked at.

mrsh_2

You can claim Income Support (I/S) while your Incap appeal is ongoing. The reason your partner left work is irrelevant to the claim. You should be aware that you will receive a reduced rate of I/S.
You can claim Jobseekers Allowance (JSA) without prejudice while your incap appeal is ongoing. You would have to be looking for and availabe for work though.
If your partner claims JSA the reason she left work will be very important. It is possible she will be sanctioned for up to 26 weeks, ie receive no benefit.
Good luck!

petejoemily

Hi
I work on Income Support so here's what you are entitled to do:
As you failed the Personal Capability Assessment (PCA) you are entitled to reclaim IS on the grounds that you are appealing against this decision. On IS it doesn't matter that your partner has left her job-only Job Seekers Allowance would look into this and consider sanctions.
Your appeal would have to have been received for you to receive IS and all the relevant information needs to have been received by your benefit delivery centre (this is called Evidence Requirement) within one month of your initial date of contact for you to get the benefit from the date you first asked to claim.
You will be subject to a 20% reduction of your personal allowance (not personal allowance of a couple but your own personal allowance).
Hope this helps,
please feel free to ask more if required.
PS. I assume you actually attended the medical-if you didn't then different rules apply. You can't receive IS in those circumstances.

nikki.paul

triffidfood wrote: »

Fairly self-explanatory question I suppose...

My partner is currently working part-time but, for a variety of reasons, wishes to hand in her notice and leave, a.s.a.p..

This is not a case of "constructive dismissal" or ill health (beyond stress-related migraines) .. she/ we have simply had enough of the work she's having to do.

My question is, will we be able to claim Income Support, even if my partner is deemed to have left work voluntarily?

As I was receiving Incapacity Benefit until recently (I failed a medical asessment primarily because, since I was able to literally cross the road and attend the interview, therefore I obviously can't genuinely be suffering from social anxiety... ).

I applied for Inc Support (while I wait for my appeal to be heard in 2012 .. or, umm, whenever), but was told I wasn't eligible for this since my partner's income effectively cancelled out this entitlement.

If my partner leaves her job and I now apply for this again, will I/we be turned down again, on the basis that my partner left work voluntarily?

Sorry for such a convoluted sounding question, I'm feeling tired.... :rolleyes:

backgroundYou would not be santioned on Income Support for you husband giving up his job. But you would have to satify a condition of entitlement for Income Support Lone parent, Carer, Sick (You would have to claim IB with worse or differing sickness and have that acepted)reg blind, foster Carer or on DLA higher rate care. If you do not satify a condition of entitlement you could apply for Income Support on appeal rate, your benfit would be santioned by £11.50 and this would increase to £11.85 after april if you have not had a contious Income Support since april 1995 and never appealed before.( these people are protected)Also you would lose your disablity premium if you were not in reciept of DLA. but if you won your appeal (this should take around 3-4 months to be heard) any money took off you would be paid back to you.,

triffidfood

Thanks for the above replies, they were all very helpful. :beer:

mrsh wrote: »

You can claim Income Support (I/S) while your Incap appeal is ongoing. The reason your partner left work is irrelevant to the claim. You should be aware that you will receive a reduced rate of I/S.

You can claim Jobseekers Allowance (JSA) without prejudice while your incap appeal is ongoing. You would have to be looking for and availabe for work though.

If your partner claims JSA the reason she left work will be very important. It is possible she will be sanctioned for up to 26 weeks, ie receive no benefit.
Good luck!

I don't feel I could claim JSA right now, it might not prejudice my appeal but I don't honestly feel able to commit myself to working at the moment, or even to looking for work (going out anywhere is difficult right now, and gives me massive tension headaches)

I'm not sure whether to claim Income Support myself (my partner left her job on Friday, so I'd have to do this on Monday) or whether she should try claiming JSA first, and wait to hear on this?

If she's sanctioned for 'voluntarily' leaving work & receives a reduced rate JSA, could I then claim Income Support as a top up, while I'm waiting for my appeal to be heard?

I'm not really sure which we'd be better off claiming (or claiming first) ...

suelees1

If your appeal is still ongoing then you need to reclaim IS for you both as soon as your wife leaves work. As petejoemily says your own personal allowance (not the couples' amount) of IS is reduced whilst you are appealing.

If your wife claims JSA she will probably be sanctioned if she choses to leave without good reason.

If she was incapable of work herself then she could claim IB or IS for you both.