Backdate JSA claim

GeeTee99

Hi All,

I wonder if anyone can help me as I cant get any answers form the official channels,

I have had my claim to back date my JSA rejected twice.

On Thu April 13 I was working in a job with shifts that ran from Wed-Sat but was off sick. I dislocated my shoulder and was admitted to hospital on the Thu13h April. I have two documents to prove this and I also have a hand written card detailing a follow up appointment for Fri 14th April. As my shift ran from Wed-Sat I was not expected at work until the next Wednesday 19th April. I called in on 19th April to find out I had been terminated, I immediately called DWP and made my claim for JSA but backdate due to the fact I was off sick and was unaware I had been terminated. My claim has twice been rejected due to not fitting into criteria under regulation 19 (5)(7). Having had a look at the regulation I confess my circumstances are not directly handled by their regulation but come on. Not only is my scenario not the list but if for instance, I'd been in hospital for a week that still doesn't exactly fit into the very precise scenarios for that regulation.

So can anyone help? Are the regulations so strict that any deviation from the list is considered invalid? IS there anyway I can appeal against this ruling.

Thanks

IAmWales

Grounds for backdating are limited. It doesn't appear that you meet them, not least because you were not actively seeking work for the period in question.

How long had you been with the employer, were you not receiving SSP?

GeeTee99

Thanks for the reply.

I had been in the job 4 month and received no sick pay in the job.

Some of the scenarios on the list are very specific. Here is the list

(5) The circumstances referred to in paragraph (4) are—

(a)the claimant has difficulty communicating because—

(i)he has learning, language or literacy difficulties; or

(ii)he is deaf or blind,

and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;

(b)except in the case of a claim for jobseeker’s allowance, the claimant was ill or disabled, and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;

(c)the claimant was caring for a person who is ill or disabled, and it was not reasonably practicable for the claimant to obtain assistance from another person to make his claim;

(d)the claimant was given information by an officer of the Department of Social Security or of the Department for Education and Employment which led the claimant to believe that a claim for benefit would not succeed;

(e)the claimant was given written advice by a solicitor or other professional adviser, a medical practitioner, a local authority, or a person working in a Citizens Advice Bureau or a similar advice agency, which led the claimant to believe that a claim for benefit would not succeed;

(f)the claimant or his partner was given written information about his income or capital by his employer or former employer, or by a bank or building society, which led the claimant to believe that a claim for benefit would not succeed;

(g)the claimant was required to deal with a domestic emergency affecting him and it was not reasonably practicable for him to obtain assistance from another person to make his claim; or

(h)the claimant was prevented by adverse weather conditions from attending the appropriate office.

(6) In the case of a claim for income support, jobseeker’s allowance, family credit or disability working allowance, where—

(a)the claim is not made within the time specified for that benefit in Schedule 4, but is made within one month of the expiry of that time; and

(b)the Secretary of State considers that to do so would be consistent with the proper administration of benefit,

the Secretary of State may direct that the prescribed time for claiming shall be extended by such period as he considers appropriate, subject to a maximum of one month, where any of the circumstances specified in paragraph (7) applies.

(7) The circumstances referred to in paragraph (6) are—

(a)the appropriate office where the claimant would be expected to make a claim was closed and alternative arrangements were not available;

(b)the claimant was unable to attend the appropriate office due to difficulties with his normal mode of transport and there was no reasonable alternative available;

(c)there were adverse postal conditions;

(d)the claimant was previously in receipt of another benefit, and notification of expiry of entitlement to that benefit was not sent to the claimant before the date that his entitlement expired;

(e)in the case of a claim for family credit, the claimant had previously been entitled to income support or jobseeker’s allowance (“the previous benefit”), and the claim for family credit was made within one month of expiry of entitlement to the previous benefit;

(f)except in the case of a claim for family credit or disability working allowance, the claimant had ceased to be a member of a married or unmarried couple within the period of one month before the claim was made; or

(g)during the period of one month before the claim was made a close relative of the claimant had died, and for this purpose “close relative” means

You can see that I'm kinda sort of, nearly there but not exact. And as I noted above, if I'd been in hospital for a week I still would not be any more eligible than I am. I find it a joke as some of those reasons are nonsense in comparison to mine. For instance -

"(h)the claimant was prevented by adverse weather conditions from attending the appropriate office."

What the hell? Thats a valid reason but mine isnt? especially when I can prove I was attending hospital on the day I was terminated.

Do you know of any way I can further appeal this as I am willing to tell my story to anyone who will listen.

IAmWales

I am aware of the legislation. Your reason is not valid.

You're focusing your efforts on the wrong party. Your employer should be paying you SSP until your dismissal was communicated to you. You should have also been entitled to a weeks notice pay and any accrued holiday pay.

GeeTee99

Hi,

It was a job thru an agency so there was no sick pay for anyone. I have been paid all my holiday pay.

Can I ask, why is my reason not valid? I cant see what I could have done to make my claim earlier.

The main frustration is that I talk to people at the job center and on the DWP line and they are helpful trying to give me advise. Then I send in what they want and I get a very curt letter simply saying I dont qualify even when all the people I talk to think my claim is valid but not exactly within he scope. Is there anything I can do as I dont understand why my claim is valid yet

theartfullodger

GeeTee99 wrote: »

Hi,

It was a job thru an agency so there was no sick pay for anyone. I have been paid all my holiday pay...............

Fine: So your employer was the agency(**) - so they should have paid SSP. Write (yes, WRITE - keep copy) asking for sick pay.

** Unless you were self-employed, in which case sick pay is for you to handle...

GeeTee99

Hi,

Thanks for the reply.

Quoting from the contract

"The employee in respect of any period of absence should be entitled to sick pay...... A company sick pay scheme is not currently available to the employee."

I would imagine as I signed the contract then, of course, this is binding. Not surprised the agency ripped all of us off like this they're know for it. Always problems with payments etc and I really don't imagine any scenario under which they'd pay me anything.

Thanks for your help but it looks like there is not much I can do

w06

I don't quite understand the issue. You dislocated your shoulder ?at work, went to hospital and had an outpatient appointment the next day(fri), then missed another shift(sat) and then it was your days off, at the end of which you discovered you'd been laid off and claimed JSA. Even if you fell within the rules for backdating there isn't a gap to backdate is there?

GeeTee99

Hi,

I dislocated my shoulder and was terminated, without my knowledge, on the day it happened so when I was fit enough to go back I was oblivious to the fact that I'd been terminated the previous week. Thats the delay.

TELLIT01

You have said yourself, that you don't fit the criteria for backdating of JSA. Staff do not have any flexibility in making the backdating decision, you either fit the criteria or you don't. There is no middle ground.
You need to take up possible entitlement to Statutory Sick Pay, not company sick pay, with the agency.

pmlindyloo

Here are the criteria for SSP.

https://www.gov.uk/statutory-sick-pay/eligibility

Did you inform the agency that you were too sick to work?