Can I Claim Job Seekers Allowance

Sobeboy15

I was made redundant earlier in the year, and was able to claim JSA Contribution based.  I am no longer entitled to this and exceed the savings allowances so am not entitled to any other benefits. It is now 4 months since I last claimed JSA, would I be able to claim it again as I have full NI contributions for FY 2018/19 and 2019/20.  
Im unable to find any definitive information surrounding this subject on line anywhere.   
Appreciate any help or input.

calcotti

Sobeboy15 said: I was made redundant earlier in the year, ..

Last year!
I have never been sure about this but I think you need a 12 week gap otherwise the period of unemployment is linked. I think therefore if it has been three months you can claim again. In any case I can't see any harm in applying.
The guidance ios here ADM Chapter R1: JSPs and JSA contribution conditions (publishing.service.gov.uk)

bigbill

You cannot use the same Tax years (April to April) to get JSA a second time.
From what you say you claimed CBJSA 10 months ago so before April 2020 using previous Tax years and NI, so you should be able to re-claim using different Tax years as you have now passed the following April 2020 Tax year.

calcotti

bigbill said:

You cannot use the same Tax years (April to April) to get JSA a second time.
From what you say you claimed CBJSA 10 months ago so before April 2020 using previous Tax years and NI, so you should be able to re-claim using different Tax years as you have now passed the following April 2020 Tax year.

The relevant tax years don't change in April, they change in January when the benefit year changes.
The tax year runs from 6th April to 5th April, the benefit year runs from the first Sunday in January.
A claim made in 2020 will have used the 2017-18 and 2018-19 tax years.
A claim made in 2021 will use the 2018-19 and 2019-20 tax years.
Are you saying that a claim made now will fail because the 2018-19 tax year has already been used?

airliner

The rule states that you cannot receive more than 182 days of CBJSA in two or more jobseeking periods if your entitlement is based on NI contributions in the same two tax years.
If a second jobseeking period (separated from the last by 12 weeks) arises, and at least one of the contribution years is later than the second contribution year of the previous entitlement, another 182 days of CBJSA can be paid.
So what Calcotti said is correct. We are now in a different benefit year, so the tax years used are different.

calcotti

airliner said:

The rule states that you cannot receive more than 182 days of CBJSA in two or more jobseeking periods if your entitlement is based on NI contributions in the same two tax years.
If a second jobseeking period (separated from the last by 12 weeks) arises, and at least one of the contribution years is later than the second contribution year of the previous entitlement, another 182 days of CBJSA can be paid.
So what Calcotti said is correct. We are now in a different benefit year, so the tax years used are different.

Thanks airliner. That's what I thought but wasn't 100% clear - the same tax year can effectively be used twice provided the tax year it is paired with is different.

airliner

calcotti said:

Thanks airliner. That's what I thought but wasn't 100% clear - the same tax year can effectively be used twice provided the tax year it is paired with is different.

That's how I read it -  JSA Regs 1995 s5

Duration of a [F1contribution-based] jobseeker’s allowance.

(1)The period for which a person is entitled to a [F2contribution-based] jobseeker’s allowance shall not exceed, in the aggregate, 182 days in any period for which his entitlement is established by reference (under section 2(1)(b)) to the same two years.

(2)The fact that a person’s entitlement to a [F3contribution-based] jobseeker’s allowance (“his previous entitlement") has ceased as a result of subsection (1), does not prevent his being entitled to a further [F3contribution-based] jobseeker’s allowance if—

(a)he satisfies the contribution-based conditions; and

(b)the two years by reference to which he satisfies those conditions includes at least one year which is later than the second of the two years by reference to which his previous entitlement was established.

calcotti

Airliner, that's really helpful. Thank you for finding the regulation. I rarely deal with jobseekers so am less familiar with JSA rules.

Sobeboy15

airliner said:

The rule states that you cannot receive more than 182 days of CBJSA in two or more jobseeking periods if your entitlement is based on NI contributions in the same two tax years.
If a second jobseeking period (separated from the last by 12 weeks) arises, and at least one of the contribution years is later than the second contribution year of the previous entitlement, another 182 days of CBJSA can be paid.
So what Calcotti said is correct. We are now in a different benefit year, so the tax years used are different.

This is what my job coach said 
“As we’ve moved to a new tax year the dates will be 18/19 to 19/20. You need to have paid enough NI contributions in both years to qualify but you’ve already used the 18/19 tax year in your previous claim. You would need to wait until tax years 19/20 to 20/21 to be assessed again to see if you would be eligible for financial support.”

So I think based on this I’m unable to make a second claim.  It’s all rather confusing. 

poppy12345

Sobeboy15 said:

airliner said:

The rule states that you cannot receive more than 182 days of CBJSA in two or more jobseeking periods if your entitlement is based on NI contributions in the same two tax years.
If a second jobseeking period (separated from the last by 12 weeks) arises, and at least one of the contribution years is later than the second contribution year of the previous entitlement, another 182 days of CBJSA can be paid.
So what Calcotti said is correct. We are now in a different benefit year, so the tax years used are different.

So I think based on this I’m unable to make a second claim.  It’s all rather confusing. 

That's not what's been advised here. At least one of the tax years will be different now so you can claim again providing there's at least a 12 week gap between the one claim ending and the 2nd claim starting.

calcotti

There is no harm in applying,