Marriage break up and benefits.

suzanne

Hi Everyone,
My friend has just had her jsa stopped because she left her job.
Her marriage broke down in Dec 2005 and she had to move back to her home town, this meant it was too far to travel to work. Her job was at a holiday park and was a short term contract that was due to be renewed in Jan 07.
There are no children and she has moved in with her new boyfriend.
I have advised her to claim IS, and appeal against the decision. am I correct and can anyone advise her better.

Thanks
Suzanne

seven-day-weekend

If she is living with her boyfriend, surely they should claim as a couple? Unless he is working, in which case they will probably not be eligible fo IS as it is a means-tested benefit.

As regards JSA there are often sanctions if someone has voluntarily left a job.

suzanne

Thanks seven-day-weekend,
He is working so i guess no IS.
Do you know how long JSA will be withheld for??

Thank you
Suzanne

ukdickie31

Hi

As 7Day poins out, there may be sanctions on JSA, however the maximum sanction is 26 weeks for 'leaving voluntarily.'

The actual sanction depends upon the facts so if a claim is made, both employer and employee are given the opportunity for stating the reasons why the employment ceased. This information is used by the decision maker when considering if a sanction is to be imposed and for what length.

If a claim to JSA is made, the rules for benefit are the same as for Income Support as far as the partner working are concerned. It may be the case that the means tested benefit (JSA{Income Based}) cannot be paid as the BF works. JSA (Conts) based may have to be claimed if the BF works full time.

JSA(C) is only payable for 182 days and is dependent on sufficient National Insurance contributions being paid in the 2005/06 and 2004/05 tax years.

There's nothing stopping a claim to JSA being made. The benefit being paid on the other hand is a different matter.

suzanne

Thanks dickie,
would you suggest she appeals against this decision?

Thank you
Suzanne

ukdickie31

Hi Suzanne,

The appeal should be made within 28 days of notification of the decision. The leaflet you need is GL24, which is readily available in Jobcentre+ offices.

Make sure that your friend includes any new information that could assist in the appeal, ie information that may not have been included in the original answers / submission to the decision maker.

It is important that your friend continues to sign on pending the appeal to keep the claim open.