Help-Ive been refused contribution based JSA

silverchair

I've just received a letter today informing me that the DWP, "cannot pay me JSA as I have not paid enough Class 1 National Insurance Contributions." They have used the tax year ending April 2012 and April 2013. It also states that " we may still credit you with Class 1 National Insurance contributions if you continue to attend the jobcentre"

Im very disappointed and angry at this decision and would like some advice

Just a bit of background information. I have been in a well paid job for many years. I went off on maternity leave in November 2012 and returned to my full time job in August 2013 following an unsuccessful request for part time. My maternity entitlement was:
4 weeks full pay
2 weeks 90%
12 weeks half pay plus flate rate SMP
Remainder flate rate SMP.

I remained at the workplace until December 2013 as the commute/ work load/ full time with a baby was unmanageable.

I resigned, left in December and started my new job in January 2014. It was three days a week and close two home. Unfortunately it was a nightmare and I resigned end of April with no job to go to.

I applied for contribution based JSA last week and had my meeting a couple of days afterwards. Was given my work plan book to fill out & attempted to register with Universal job match.

Can they refuse JSA because I was on maternity leave during some of 2012 & 2013?

They say I may get JSA if I attend the jobcentre, but I dont want to attend if Im not going to JSA as dare I say it it would be a waste of my time.

If you need any more information let me know.
As I said before Im a bit shocked at their decision

Caz3121

Do you have a working partner?
Was NI deducted from your SMP and did you pay NI in your part time job?
Even with enough contributions I would expect you would still receive a sanction of up to 26 weeks for resigning from your last job

sammyjammy

Its not them making a decision as such its that their computer caculates if you are entitled based on info provided by HMRC and your employers. I am unsure of the rules around NI and Mat leave but I think that shouldn't casue any problems with missing NI. It maybe that your ex employers have mis reported your NI to HMRC. Do you have P60s for those two tax years? If so copy them and give to the JObcentre with a letter stating your case and asking them to reconsider based on your P60s.

BTW if you are not entitled to Income based JSA because of a working partner and it turns out you haven't paid enough NI correctly then you won't become entitled to it by visiting the Jobcentre.

You may have another issue related to your JSA in that they may not consider the reasons you left that last job as acceptable, this would stop your entitlement to JSA until a decision is made as to whether you should be sanctioned for up to 26 weeks or not.

Hopefully someone can help further about the NI whilst on Mat leave.

grrrrrowl

can you not apply for income-related JSA?

silverchair

Thank you for your fast reply

NI payments: I've checked my pay slips. NI was deductated from my most recent, part time job. It was also deducted from my maternity pay but not my flat rate SMP for the remainder of my maternity leave

Inome related JSA: My OH works and I am lucky that although its not an amazing wage its not low enough to be entitled to income-related JSA.

I filled out a form when I had a meeting at the job centre last week explaining why I left my job. It wasa short term contract anyway and I'd left about 2 months early. I felt that if I didnt leave it would have hampered my chance of getting another job. They were also doing rounds of redundancies. I very much regret accepting that job offer.
When I had my meeting they didnt mention the 26 week rule

sammyjammy

If you were to be found to have left voluntarily without cause and the employer confirmed it was only to last two more months then the length of the sanction would not exceed that period.

It says here that NI should be deducted from SMP.

https://www.gov.uk/employers-maternity-pay-leave

silverchair

My other question is, if I been refused JSA does that mean I dont have to attend the Job office until its actually sorted out? I've been told that I need to attendweekly until the Universal jobsearch is set up.

northerntwo1

I think you should be entitled to it based on what you said.

Keep on at them.

grrrrrowl

silverchair wrote: »

My other question is, if I been refused JSA does that mean I dont have to attend the Job office until its actually sorted out? I've been told that I need to attendweekly until the Universal jobsearch is set up.

If you do not they will not backdate the pay when/if it gets sorted out due to you not having provided evidence of job seeking during that period.

lakes17

And in registering at JC and doing job search at the very least you will be entitled to N.I. credit which in the long term will help with your State Pension.

Horseunderwater

They should be using tax years 2011/12 & 2012/13 for NI contributions purposes. Did you claim any contributions based benefits before this - if not & you were working F/Time then you should have paid enough. http://www.hmrc.gov.uk/ni/intro/check-record.htm may be some help.