Disallowed JSA Backdate

foxyff

Hello i was wondering if anyone could help me because im at my wits end! My and my partner are on a joint claim for jsa and we have both recently started part time courses at college. Due to this change in circumstance we went to the job centre and asked an adviser what we should do because although we would still be job seeking we were also in college. The adviser told us that we should immediatly come of jsa and claim income support because we are no longer entitled to the jsa. We then canceled the jsa and claimed income support to which we were turned down for, and them informed that being on a part time course still means that you can get a job. We then were advised to get a rapid reclaim for the jsa and ask them to backdate it. Altogether the whole process is going on 6 weeks which in the mean time have got into debt with our housing benefit and council tax benefit and crisis loans. After the 6 weeks we were then told it wouldnt be backdated. I really dont know what to do about this as we really need the backdated money and have a child and have been put in a lot of debt. I dont know how its our fault that we were told the wrong information can anyone help??? thankyou

rogerblack

http://www.dwp.gov.uk/docs/financial-redress-for-maladministration.pdf
You were misinformed by the adviser, and told to claim a benefit you could never have been entitled to.
They should have either known this, or asked someone.
You may be - if not entitled to backdating - I suspect you're not due to not having been workseeking - entitled to compensation.

pmlindyloo

From CAB adviceguide:

Getting Jobseeker’s Allowance backdated

You may be able to get some Jobseeker's Allowance for a period before you make your claim if you could have claimed earlier and have reasons for claiming late. These have to be particular reasons laid down in law which are accepted by the Jobcentre Plus office, for example, you have language difficulties, or you were given wrong advice which made you think you wouldn’t get any money. Getting benefit for a period before you claim is called ‘backdating’. You will not get any backdated benefit just because you did not know that you could make a claim.
If you do have one of the accepted reasons for backdating your claim, your Jobseeker's Allowance may be backdated by up to a maximum of one or three months depending on the reason you failed to claim earlier. You will have to show that you met the entitlement conditions throughout the period of backdating, including being available for and actively seeking work. You should explain that you are claiming backdated Jobseeker's Allowance, and why, on your claim form.
If you want to claim backdated Jobseeker's Allowance, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

benefitbaby

Just one other linked thought, your HB and CTB will have been suspended when your first JSA claim was closed, the council usually sends a letter out asking you to provide evidence of income (bank statements will show no earned income/other benefits) so they can reassess your entitlement and continue to pay your HB/CTB. If you do not provide the info the council can close your claim.

Re; JSA... appeal the backdate and as rogerblack advised make a claim for compensation (special payment) in writing to JCP using the guide he has linked to.