Supply Teacher - JSA help

marliepanda

Hello

Little bit of help needed as this is my first time applying for JSA. I have been working as a primary teacher but last year went onto supply.

I signed up with an agency and received a contract which only covered 27 weeks of the year (teaching timetable is 39 weeks) so basically for 12 weeks of the teaching year I was not in contract to work. I did get some work in those non contracted weeks, but not consistently. I was never in contract with a school.

I did recieved holiday pay for working, which amounted to roughly 6 weeks of holiday pay, but obviously did not work or get paid for half terms, easter, christmas, whereas a FT teacher would be paid for that.

My JSA has been refused as they say I am working more than 16 hours a week. I'm not, my contract has ended. it ended the week before term ended. I am looking for a little job over Summer to keep the money coming in for the bills. I certainly have not earned anything near what a FT teacher would earn, nor have I recieved holiday pay to cover these 6 weeks. I am a little confused as obviously someone who was earning 100k a year, but then ended the contract, would be entitled to JSA (if they didnt have savings) so why am I not entitled when I probably earned perhaps 16-18k?

I know some supply teachers who rapid reclaim for EVERY half term and easter etc (which I think is a bit of a joke as clearly youre not going to get a job for 1-2 weeks) but why am I being refused for the 6 weeks? (and possibly on going...)

pmlindyloo

marliepanda wrote: »

Hello

Little bit of help needed as this is my first time applying for JSA. I have been working as a primary teacher but last year went onto supply.

I signed up with an agency and received a contract which only covered 27 weeks of the year (teaching timetable is 39 weeks) so basically for 12 weeks of the teaching year I was not in contract to work. I did get some work in those non contracted weeks, but not consistently. I was never in contract with a school.

I did recieved holiday pay for working, which amounted to roughly 6 weeks of holiday pay, but obviously did not work or get paid for half terms, easter, christmas, whereas a FT teacher would be paid for that.

My JSA has been refused as they say I am working more than 16 hours a week. I'm not, my contract has ended. it ended the week before term ended. I am looking for a little job over Summer to keep the money coming in for the bills. I certainly have not earned anything near what a FT teacher would earn, nor have I recieved holiday pay to cover these 6 weeks. I am a little confused as obviously someone who was earning 100k a year, but then ended the contract, would be entitled to JSA (if they didnt have savings) so why am I not entitled when I probably earned perhaps 16-18k?

I know some supply teachers who rapid reclaim for EVERY half term and easter etc (which I think is a bit of a joke as clearly youre not going to get a job for 1-2 weeks) but why am I being refused for the 6 weeks? (and possibly on going...)

Did you tell them that you are a supply teacher rather than an unemployed teacher?

You may have been turned down for JSA because they have decided that you are a supply teacher, have chosen this line of work, knew that the work would be spasmodic and have averaged your work hours (and pay) over the year.

You need to appeal this.

Show them your contract so they can see that it has ended and that you are no longer a supply teacher but an unemployed teacher and are able to meet the criteria for claiming JSA.

A link with a similar scenario

http://community.tes.co.uk/tes_supply_teaching/f/62/t/596389.aspx

marliepanda

They told me I can't appeal as the claim has been closed, and directed me to reapply, saying Im not working.

The only time I mentioned supply teaching was when it asked for my previous job, so I put supply teacher as I thought if I put teacher they'd say 'well you will be paid over summer'

They have a copy of my contract and copies of all my payslips since September 2013

pmlindyloo

marliepanda wrote: »

They told me I can't appeal as the claim has been closed, and directed me to reapply, saying Im not working.

The only time I mentioned supply teaching was when it asked for my previous job, so I put supply teacher as I thought if I put teacher they'd say 'well you will be paid over summer'

They have a copy of my contract and copies of all my payslips since September 2013

How long ago did you get the decision letter. It should have told you how to appeal.

https://www.gov.uk/appeal-benefit/decisions-made-on-after-28-october-2013

If it is too late to appeal then just make another claim.

marliepanda

pmlindyloo wrote: »

How long ago did you get the decision letter. It should have told you how to appeal.

https://www.gov.uk/appeal-benefit/decisions-made-on-after-28-october-2013

If it is too late to appeal then just make another claim.

Just this morning, I immediately rang the number given which said about making an appeal and the lady just said i must have given inaccurate info (aka that I was working part time, I dont feel that i did but I cannot be sure) and that the claim was closed so I didnt need to appeal I needed to make a new claim, ask for it to be backdated to the original date and explain why.

tomtontom

Do you have a contract for September?

There are special rules for supply teachers and some seasonal workers, and it appears they are applying these. If you are not reasonably expecting work in September then I would argue they do not apply to you. If you are then I can understand why they have allocated your hours and earnings over a longer period.

marliepanda

tomtontom wrote: »

Do you have a contract for September?

There are special rules for supply teachers and some seasonal workers, and it appears they are applying these. If you are not reasonably expecting work in September then I would argue they do not apply to you. If you are then I can understand why they have allocated your hours and earnings over a longer period.

Nope. I said I obviously would hope to go back to supply unless i got something better, maybe in my naivety trying to say 'this is only short term' but maybe that shot me in the foot, but no I have no contract for September and will not mention September in my new interview etc.

I would understand if I was being paid buckets of holiday pay to cover the holidays, but like I said I earn 1 day holiday every week it seems, and Ive worked about 30 weeks FT, so not much more than the usual 5 week holidays everyone gets.

tomtontom

marliepanda wrote: »

Nope. I said I obviously would hope to go back to supply unless i got something better, maybe in my naivety trying to say 'this is only short term' but maybe that shot me in the foot, but no I have no contract for September and will not mention September in my new interview etc.

I would understand if I was being paid buckets of holiday pay to cover the holidays, but like I said I earn 1 day holiday every week it seems, and Ive worked about 30 weeks FT, so not much more than the usual 5 week holidays everyone gets.

Keep in mind that JSA is only £70 a week, so averaging out your earnings is likely to take you over this. You need to argue that you are not in a cycle of work, these decisions are decided on a case by case basis and guidance is vague - a different DM could decide it does not apply to you.

marliepanda

tomtontom wrote: »

Keep in mind that JSA is only £70 a week, so averaging out your earnings is likely to take you over this. You need to argue that you are not in a cycle of work, these decisions are decided on a case by case basis and guidance is vague - a different DM could decide it does not apply to you.

Im sure it would take me over £70, but I imagine so would anyone who has worked even part time for any period of the year.

I do understand what you are saying as this is a break in work which always happens, but I see supply teachers claiming in the half terms etc so I dont understand where I have gone wrong haha

Do you ever get to speak to a DM? I have heard phrases such as 'lifestyle choice' to work as supply etc, how can I get across its not lifestyle choice but all I have been able to get due to moving to a new area etc? I would love to work FT again, but I havent managed to get anything, and I am not being paid the same as a FT teacher by no stretch.

teddysmum

It's some years since I did supply teaching but seem to remember that the rate was enhanced to cover holidays. ie supply days x supply rate/day= normal salary.


I don't recall signing on at all, unless there was no prospect of work next term.

marliepanda

teddysmum wrote: »

It's some years since I did supply teaching but seem to remember that the rate was enhanced to cover holidays. ie supply days x supply rate/day= normal salary.


I don't recall signing on at all, unless there was no prospect of work next term.

My 'enhancement' amounts to almost 6 weeks holiday out of 13 weeks off. Lots of temp teachers do sign on in holidays