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can you claim benefit if you leave your job
earwig
Posts: 1,097 Forumite
hi can you claim benefits if you leave your job my oh works for a company and they are messing him about with his sick pay they have also cut his hours from 45 to 40 we now dont earn enough to pay for every thing he is breaking down mental as they keep picking on him because his dad used to work for the company and had an accident and sued since then they have kept messing him about he dont want to leave if cant claim benefits untill he get a new job but staying with the company is pushing him over the edge he has worked for them for ten years
i cant slow down i wont be waiting for you i cant stop now because im dancing
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If he leaves and claims JSA he may be sanctioned for up to 26 weeks and not receive benefit but if he can show good cause for leaving, he will not be sanctioned and will receive JSA. If things are so bad and his Doctor is prepared to sign him off he could claim Incapacity Benefit if he leaves.0
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Idea !!!! If he leaves and goes on incapacity straight away and then after 8 weeks or so he leaves the sick and goes onto jsa then no body will ask him anything. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!ONLY COPY WHAT I AM DOING IF YOU ARE 100% SURE AND YOU KNOW EXACTLY WHAT THE END RESULT MAY BE. ALWAYS CONSULT A PROFESSIONAL BEFORE FOLLOWING MY ADVICE. I AM NOT LEGALLY TRAINED . IF WHAT I AM DOING HELPS YOU IN ANY WAY CLICK THE THANKS BUTTON0
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Wrong - the jobcentre will ask him about why he left his last employment if its within 26 weeks of leaving irrespective if he has claimed incap in the meantime.0
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Then if that is a problem stay off sick for the 28 weeks and then sign on !!!
What are they going to ask then ?ONLY COPY WHAT I AM DOING IF YOU ARE 100% SURE AND YOU KNOW EXACTLY WHAT THE END RESULT MAY BE. ALWAYS CONSULT A PROFESSIONAL BEFORE FOLLOWING MY ADVICE. I AM NOT LEGALLY TRAINED . IF WHAT I AM DOING HELPS YOU IN ANY WAY CLICK THE THANKS BUTTON0 -
Hi Earwig, I'm sorry to hear about your problems.
It's difficult to give advice without knowing exactly what form the 'messing him about' is taking. Perhaps you could give us some further information? His first step may be to raise a grievance with the company and see if he can get resolution to some of the issues in that way. I understand he probably wants to find another job anyway and it's probably the best course of action, but a grievance may help to keep things under control until he can leave. As other posters have pointed out, if he leaves of his own accord there is likely to be no JSA for 26 weeks.0 -
Hi i left my job voluntarily because i was being bullied by my manager and another woman in the office, when i signed on i told them every detail (on forms) and i wasn't sanctioned. I think it's down to who you get processing your form and why you left. Tell them honestly what is happening and take it from there.
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The 26 week rule is only for things such as crims, arson etc against the company.
My dad was sacked for gross misconduct (although it was only gross because of the company), in the wider world it did not affect anyone so he was not sanctioned.
If you have been sanctioned for 26 weeks I would appeal this, if life is so unbearable then I can't see him being sanctioned at all. Make sure that all forms are returned because their could be the possibility that if the form asking for details is not returned then 26 weeks is automatically granted.
Contrary to popular belief the Jobcentre staff do not want to sanction everyone.
HTH
EE0
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