JSA Sanctions and National Insurance Credits

p00hsticks

Iceweasel said:

p00hsticks said:

Iceweasel said:

Next week they want her to come into the Jobcentre as they say it's now safe to resume face to face appointments.
She is extremely anxious and concerned about entering any such public buildings as Covid cases are actually rising in our area.

Playing devil's advocate, if she is not willing to spend any time in a public building, can she really honestly say that she is available for work ?  After twelve months JSA she will be expected to look at any jobs on offer, not just those related to her previous skills / experience, and the vast majority will, I expect, involve working in a shared space and/or with other people.

A good question, but - she is an interpreter/translator who normally (pre-Brexit) did all work from home or by video link.

As others have pointed out, after over twelve months on JSA, your wife is not considered by DWP to be an 'interpreter/ translator' - she is a jobseeker who will be expected to be applying for any sort of work available that she is capable of doing - so retail work, office work, care work etc....

Iceweasel

Thanks for all the replies so far.

I understand all the requirements to be looking and applying for work of any type, etc.

Her Claimant Commitment papers give several instances of when her JSA payments of £0.00 may be reduced by £10.40 per day, but no mention of any sanctions that would include her losing her National Insurance credit.

Despite many searches we cannot find any info on JSA 'non-claimants' losing their NI credit entitlement through sanctions.

On the other hand for those who are on Universal Credit it's easy to find info that those whose are sanctioned would not lose their NI credits.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/209123/national-insurance-single-tier-note.pdf

51. If a claimant does not uphold the ‘Claimant Commitment’ and receives a sanction they will lose their benefit for a set period of time. However, they will not lose their NI credits for that period as this would punish them twice. 

poppy12345

Iceweasel said:

Thanks for all the replies so far.

I understand all the requirements to be looking and applying for work of any type, etc.

Her Claimant Commitment papers give several instances of when her JSA payments of £0.00 may be reduced by £10.40 per day, but no mention of any sanctions that would include her losing her National Insurance credit.

Despite many searches we cannot find any info on JSA 'non-claimants' losing their NI credit entitlement through sanctions.

On the other hand for those who are on Universal Credit it's easy to find info that those whose are sanctioned would not lose their NI credits.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/209123/national-insurance-single-tier-note.pdf

51. If a claimant does not uphold the ‘Claimant Commitment’ and receives a sanction they will lose their benefit for a set period of time. However, they will not lose their NI credits for that period as this would punish them twice. 

Yes but she's not receiving payments, just the credits and to continue to receive those she must attend appointments and agree to look for work.

calcotti

The Social Security (Credits) Regulations 1975
https://www.legislation.gov.uk/uksi/1975/556/regulation/8A
Regulation 8A sets out that NI credits are awarded if somebody meets the job seeker requirements for entitlement to JSA It also says they are not awarded for a week in which JSA is reduced due to a sanction.

The legislations refers to payment being reduced as a consequence of a sanction. In a credits only case, as there is nothing payable, the JSA cannot be reduced so this clause cannot apply.

However I think the question of sanctions is irrelevant. Sanctions apply to suspension of payment and not to NI credit entitlement.

If the claimant does not meet the job search requirements they fail the first test of meeting the job search requirements for JSA entitlement which is a precondition for getting the credits. On these grounds they would not get credits.

NedS

Iceweasel said:

My wife has been on JSA for over a year now - no actual payments as such - only National Insurance Credits.
She has had regular telephone appointments with her 'work coach' every two weeks.
Next week they want her to come into the Jobcentre as they say it's now safe to resume face to face appointments.
She is extremely anxious and concerned about entering any such public buildings as Covid cases are actually rising in our area.
What possible sanctions could they impose?
All our research so far has given only info about reducing her payments or stopping them for a few weeks.
As she gets £0 at the moment that is of no concern - but could they stop her much needed National Insurance credits. 

The policy steer is quite clear in these cases. Jobcentre's are deemed Covid secure places and customers are required to attend face to face unless they have a medical reason not to (have a medical condition that makes them extremely vulnerable to covid). Presumably this should not be a consideration on JSA as they must be fit for work, and if were the case ESA might be more appropriate. As others have mentioned, there is also an availability concern, as she must be available to take any work she is capable of, and if she is not prepared to go out then she is not available for work, thus not entitled to JSA.

Your wife could try discussing her concerns with her work coach to see if they would be willing to consider continuing phone appointments, but she should expect to attend face to face if they are unwilling to accommodate her. It's her choice, she doesn't have to continue to claim JSA if she is not available to attend appointments and take up any work.

poppy12345

The same rules apply to ESA when it's a credits only claim, as those receiving payments.... you have to through the a work capability assessment process.

Iceweasel

Just to update. Problem resolved as there has been 407 cases of Covid in the last few days.

My wife has a well-founded anxiety - so no need to attend - telephone appointments will continue.

Thanks to all who contributed.