Do I get JSA or not??

Commandante

I have recently become unemployed after finishing a year's fixed term contract, and applied for Job Seekers Allowance.

I filled the forms in online and went to the Job Centre, then received a text confirming "you will now get Jobseekers Allowance, we'll send you a letter about this." Just a small point that might be relevant, the Job Centre had a computer/printer glitch that day and I had to re-fill in my application form there and then (from memory so it was probably less accurate than the one I did online).

Four days later I get a letter saying that they cannot pay me Job Seekers Allowance because I haven't paid/been credited with enough Class 1 NI contributions in April 2013-14.

This is a surprise to me because it is obviously contradicting what I have already been told. But also because during that period (Apr13-14) I was in work for at least nine months in a job that paid about £36k salary so I'd have thought my contributions were enough. I was actually made redundant from that job at the end of December 2013 but was paid three months notice period and another month of accrued holiday/lieu pay, which should essentially mean I had a full year's salary. I didn't claim JSA at that time because I became self-employed (but didn't pay myself a salary) Feb-April.

Is their judgement wrong and should I appeal it?

Furthermore, the letter says that I may still get credited with Class 1 NI contributions if I continue to attend the job centre. What does this mean? That I have to attend every two weeks despite not receiving JSA?

Just as a small aside, I'm also trying to back-date my claim a few weeks, does anybody know if there are particular criteria that need meeting or if its entirely a judgement by one of the pen pushers?

Londonsu

Commandante wrote: »

I have recently become unemployed after finishing a year's fixed term contract, and applied for Job Seekers Allowance.

I filled the forms in online and went to the Job Centre, then received a text confirming "you will now get Jobseekers Allowance, we'll send you a letter about this." Just a small point that might be relevant, the Job Centre had a computer/printer glitch that day and I had to re-fill in my application form there and then (from memory so it was probably less accurate than the one I did online).

Four days later I get a letter saying that they cannot pay me Job Seekers Allowance because I haven't paid/been credited with enough Class 1 NI contributions in April 2013-14.

This is a surprise to me because it is obviously contradicting what I have already been told. But also because during that period (Apr13-14) I was in work for at least nine months in a job that paid about £36k salary so I'd have thought my contributions were enough. I was actually made redundant from that job at the end of December 2013 but was paid three months notice period and another month of accrued holiday/lieu pay, which should essentially mean I had a full year's salary. I didn't claim JSA at that time because I became self-employed (but didn't pay myself a salary) Feb-April.

Is their judgement wrong and should I appeal it?

Furthermore, the letter says that I may still get credited with Class 1 NI contributions if I continue to attend the job centre. What does this mean? That I have to attend every two weeks despite not receiving JSA?

Just as a small aside, I'm also trying to back-date my claim a few weeks, does anybody know if there are particular criteria that need meeting or if its entirely a judgement by one of the pen pushers?

first of all you can check your NICS online for the relevant dates


https://www.gov.uk/check-national-insurance-record


It will also help if you have wages slips or a p60.


If you don't have enough NICS for the relevant year then you may be entitled to income based JSA, as long as you meet the criteria


And yes, if you want to claim NI credits towards your pension (think the new rules from next year are 35 years NICS) then you have to sign on and you have to job seek or you can be sanctioned, as although you wont have any money NI credits do come out the public purse

p00hsticks

Londonsu wrote: »

first of all you can check your NICS online for the relevant dates

https://www.gov.uk/check-national-insurance-record

I might be wrong as it's been about 9 months since I used that link , but I think it allows you to APPLY online - the results are actually mailed to you and it takes a few weeks ?

Londonsu

p00hsticks wrote: »

I might be wrong as it's been about 9 months since I used that link , but I think it allows you to APPLY online - the results are actually mailed to you and it takes a few weeks ?

That's possible hope the op has a p60 or wage slips

Mersey_2

It sounds like you should easily have enough NICs. Ask them to check again and in the meantime do as above.


Yes, you can backdate a claim. You do need a good reason for the delay.

missbiggles1

Commandante wrote: »

I have recently become unemployed after finishing a year's fixed term contract, and applied for Job Seekers Allowance.

I filled the forms in online and went to the Job Centre, then received a text confirming "you will now get Jobseekers Allowance, we'll send you a letter about this." Just a small point that might be relevant, the Job Centre had a computer/printer glitch that day and I had to re-fill in my application form there and then (from memory so it was probably less accurate than the one I did online).

Four days later I get a letter saying that they cannot pay me Job Seekers Allowance because I haven't paid/been credited with enough Class 1 NI contributions in April 2013-14.

This is a surprise to me because it is obviously contradicting what I have already been told. But also because during that period (Apr13-14) I was in work for at least nine months in a job that paid about £36k salary so I'd have thought my contributions were enough. I was actually made redundant from that job at the end of December 2013 but was paid three months notice period and another month of accrued holiday/lieu pay, which should essentially mean I had a full year's salary. I didn't claim JSA at that time because I became self-employed (but didn't pay myself a salary) Feb-April.

Is their judgement wrong and should I appeal it?

Furthermore, the letter says that I may still get credited with Class 1 NI contributions if I continue to attend the job centre. What does this mean? That I have to attend every two weeks despite not receiving JSA?

Just as a small aside, I'm also trying to back-date my claim a few weeks, does anybody know if there are particular criteria that need meeting or if its entirely a judgement by one of the pen pushers?

Was your contract as an employee or as self employed?

densol_2

As I understand it NI is not like tax which is spread out over the year. NI is due on the money in the week its paid - so even if you received a lump sum of three months notice and holiday pay - it would only give you a credit for that week ( despite it being 4 months money ) so this means you are 3 months or so short ? As you were self employed - did you have a small earnings exemption cert ? If so you make be able to pay class 2 voluntary ( which are cheap ) for that period to get the contributions up. I believe you need 50 weeks out of 52 weeks contributions for benefit - as I researched this for my ESA claim

ArtoDeeto

Commandante wrote: »

But also because during that period (Apr13-14) I was in work for at least nine months in a job

You have to have paid full NI for the previous two tax years to get contributions based JSA so this sounds about right.

Commandante wrote: »

I'm also trying to back-date my claim a few weeks, does anybody know if there are particular criteria that need meeting or if its entirely a judgement by one of the pen pushers?

LOL - the "pen pushers" have a great big book of guidance so it is not an arbitary whim; if you are unhappy you can also go down the "appeal" route.

p00hsticks

ArtoDeeto wrote: »

You have to have paid full NI for the previous two tax years to get contributions based JSA so this sounds about right.

According to the gov.uk site ( https://www.gov.uk/jobseekers-allowance/what-youll-get) , the requirements are as follows;

You’ll get contribution-based JSA if you’ve paid enough Class 1 National Insurance contributions (NICs) in the 2 tax years before the benefit year you’re claiming in. A benefit year runs from the first Sunday in January to the Saturday before the first Sunday in January of the next year.

That means you must have:

worked for 26 weeks in one of these years earning at least the lower earnings limit for that tax year
paid class 1 contributions or received National Insurance credits in both of those tax years that amount to 50 times the lower earnings limit

The tax years currently being considered are 2012-13 and 2013-14, so the relevant lower earnings limits are£107 and £109

Commandante

I have all my P60s dating back to 2010, with the exception of 2013-14, I presume because I was not employed in April 2014...I do however have the HMRC Tax Summary calculation, which shows my taxable income 2013-14 as £47k and my NI contribution as £3,608.

For 2012-13 my P60 says I contributed £3998.

Regarding my situation Jan-May 2014, I was running my own company but didn't take a salary, the profit is still sat in my company account and I was intending to take it as a dividend when I needed it (like now!), so officially I had no income during that period.

Commandante

Any ideas??