Contribution based JSA and NI contributions

badgerwarriors

Hi All

Hope you can help with this.

My partner has just been made redundant. He started his previous job July 2012 and his last date of employment was 28/03/2014.

Prior to this he was self employed for 2 years. When his self employment ended he was unable to claim contribution based JSA because of the type of NI contributions he had made.

As he had now been employed from July 2012 and paying his national insurance we thought that he would now be eligible for JSA following his redundancy, but the job centre have said that he hasn't paid enough NI so they won't be making payments.

I'm a bit confused and hoped someone could shed some light on this.

I did wonder if it's connected to the fact that he made his claim on Monday 31st March and therefore is still in the 2012-2013 tax year. Would it have made a difference if he'd waitied 1 week before making his claim?

Any advice woudl be greatly appreciated.

Thanks

pmlindyloo

According to this link:

http://www.nidirect.gov.uk/jobseekers-allowance

the benefit year for contribution based JSA starts in January. So (if I've done the correct Maths) your OH claimed in the benefit year 2014 so his NI contributions would be based on the years 2011 - 2012 and 2012-2013.

Does this make sense?

badgerwarriors

pmlindyloo wrote: »

According to this link:

http://www.nidirect.gov.uk/jobseekers-allowance

the benefit year for contribution based JSA starts in January. So (if I've done the correct Maths) your OH claimed in the benefit year 2014 so his NI contributions would be based on the years 2011 - 2012 and 2012-2013.

Does this make sense?

If I understand correctly, this means that although he has been in full time employment for the whole of 2013 they will discount his contributions during that year and instead use the previous 2 years?

pmlindyloo

badgerwarriors wrote: »

If I understand correctly, this means that although he has been in full time employment for the whole of 2013 they will discount his contributions during that year and instead use the previous 2 years?

I always find this horrendously complicated

Hopefully someone more knowledgeable will be along.

The relevant criteria is here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/296117/dmgch21.pdf

Scroll down to 21067 and then read on.

Sorry I can't be of more help.

nannytone_2

contributions based benefit is always paid on NI contributions from the previous 2 full tax years. these years change in January.
so, as of january 2014, the last 2 complete tax years were 2011/12 and 2012/13.
in order to claim conts based benefit, a claimant would need to have made NI contributions in both these years

badgerwarriors

pmlindyloo wrote: »

I always find this horrendously complicated

Hopefully someone more knowledgeable will be along.

The relevant criteria is here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/296117/dmgch21.pdf

Scroll down to 21067 and then read on.

Sorry I can't be of more help.

I'll have a look, thanks

badgerwarriors

nannytone wrote: »

contributions based benefit is always paid on NI contributions from the previous 2 full tax years. these years change in January.
so, as of january 2014, the last 2 complete tax years were 2011/12 and 2012/13.
in order to claim conts based benefit, a claimant would need to have made NI contributions in both these years

Unfortunately 2011-2012 tax year was just basic NI contributions due to self employment which ended Jan 2012.

Very frustrating when he started in full time employment July 2012 and was working and paying tax and national insurance for 20 months!

Any ideas whether it's worth challenging the decision or do we think it'll be a definate no?

pmlindyloo

badgerwarriors wrote: »

Unfortunately 2011-2012 tax year was just basic NI contributions due to self employment which ended Jan 2012.

Very frustrating when he started in full time employment July 2012 and was working and paying tax and national insurance for 20 months!

Any ideas whether it's worth challenging the decision or do we think it'll be a definate no?

I think the best you can hope for is to ask for a breakdown of the NI contributions made in the years that they used which you can then check.

nannytone_2

badgerwarriors wrote: »

Unfortunately 2011-2012 tax year was just basic NI contributions due to self employment which ended Jan 2012.

Very frustrating when he started in full time employment July 2012 and was working and paying tax and national insurance for 20 months!

Any ideas whether it's worth challenging the decision or do we think it'll be a definate no?

if he didnt pay any class 1 NI contributions in 11/12, then there is no chance that he would be entitled to conts based JSA i'm afraid

HB58

As above, you can challenge the contributions record but not the decision to use those particulat tax years as that is the same for all claimants, they can't switch and change (which is just as well, otherwise that could be used to deny people benefits to which they would otherwise be entitled).