stiffed by the DWP on JSA - advice request

on_a_money_mission

>>Your NI records are 'fluid', in other words, they can change at any time. It now appears that HMRC have now put some more contributions onto your NI record, that weren't there at the time your JSA claim was decided. This is not unusual, and can be because of many reasons such as the employer submitting the pay reords late to HMRC, or HMRC having investigate/correct the pay records etc.<<

Also the pay records were up to date because I was the one who sent them in as company bookkeeper!

stazi

My replies to posts # 1,3,11 and 12


So I'm to blame for not making an appeal at the time? Sorry, yes, who else could it be?.

As the information was only just updated that appeal would have been turned down at the time too. Not true- JCP do not decide appeals. The appeals process is independent of DWP. Had you provided your P60’s for the tax years used, JSA would have looked at your claim again and seen that some NIC appeared to be missing.

So if you are refused contribution based JSA you should keep paying for transport to the job centre with the money you don't have to sign on in the off chance their computer system will eventually be accurate? HMRC maintain your NI records – not JCP. You said “I applied for contribution-based Job Seekers Allowance on 30th March this year and was rejected as I had not made enough NI contributions. I thought this was odd at the time as I've worked for many years but thought, oh well it's because I wasn't earning much for the last few months before I lost my job”. If you thought it odd, why didn’t you challenge it at the time?.

As for not continuing to sign on, what exactly was the point? Under HRP I would have still gained state pension rights which seems to be the only reason to continue to sign on as I get no other benefits. Any JSA credits awarded would also go towards any possible Incapacity Benefit claim in the future. In addition, the Jobcentre is there to help you find work.

I was not entitled to and did not bother applying for income-based JSA as my husband works. I had worked for years and thought I was entitled to contribution-based JSA in my own right for up to 6 months, but my pay fell below the £90 a week NI threshold for the last three months I was working and I thought this was why I was refused. The JSA disallowance letter should have told you the tax years that were being used for your claim.
As a ‘long time lurker’ to the forums, it’s also unfortunate that you didn’t ask for benefit advice earlier.

Do you happen to work for the DWP Stasi? because your attitude would fit right in. So me saying in my post #8 ‘Sorry to hear about your problem’
doesn’t show some sympathy, even if I did work for JCP?

Anyway I've been told by the Independent Case Examiner's Office I have grounds for a complaint on the grounds of misdirection. I don't think my appeal will be successful but a complaint might. If you’ve been verbally advised that you have been ‘misdirected’ by the ICE, this would appear to be unusual. From your posts you do not say/imply that you were advised / told by JCP to do this, that or the other. Misdirection would only normally apply if someone had been misinformed- you don’t say that you have.

Also when I initially signed on, I was advised to apply for incapacity benefit instead because of a chronic health problem. Correct procedure, if someone has a health condition that prevents them from signing the Jobseekers agreement and actively seeking work.

I refused and I think that the Job Centre staff are under so much pressure to keep the unemployed off the radar, they look for any reason not to approve JSA and so conveniently didn't bother checking my records. Not true.
I'm annoyed with myself for trusting them to actually do their jobs properly.
Your JSA claim appears to have been accepted and processed, but not with the outcome you expected at the time- namely payment of JSA.
.
Also the pay records were up to date because I was the one who sent them in as company bookkeeper! Then ask HMRC why it took them so long to put your NIC onto your NI record. The tax years JCP would have used were 04/05 and 05/06. Ask the JSA section which tax year(s) was missing at the time of their decision, then ask HMRC why it was missing from your NI records for so long.

on_a_money_mission

Thanks Stasi! :T

swanny65

Hi

I agree with most of what Stazi says.

When you were disallowed why did you not ask for your NI record to be checked - late posting of NI to an account is a common problem. If you did and were then (incorrectly) advised not to sign on you could have grounds for a complaint. If you merely decided not to sign on because you were getting HRP thats your mistake. Harsh i know.

As mentioned earlier anyone should continue to sign on for credits as it is different to HRP. People how think it the same are wrong although the vast majority of the time it make no discernable difference.

HRP only removes X years, you received HRP, from your working life for pension purposes. Signing on credits your NI record for the period you signed on and can be used to link benefit claims.