UC while on zero hours but want to change jobs

singhini

i think i was given the wrong info by the job centre. i had a JSA (Contribution Based) claim from August to February and then was given form JSANCI to claim just NI credits.

However, based on what people have said on this thread; if my claim finished in February, then surely i should have been told to make another JSA (Contribution Based) claim  --------> since this second claim would now be looking at different tax years compared to the initial claim  --------> does anyone know if that's right?

peteuk

singhini said:

i think i was given the wrong info by the job centre. i had a JSA (Contribution Based) claim from August to February and then was given form JSANCI to claim just NI credits.

However, based on what people have said on this thread; if my claim finished in February, then surely i should have been told to make another JSA (Contribution Based) claim  --------> since this second claim would now be looking at different tax years compared to the initial claim  --------> does anyone know if that's right?

You can claim JSA for up to 182 days (about 6 months). I have tried to find info on then starting a second claim but cant find anything.  I am sure that someone with more knowledge will be able to help. 

NedS

See here for the conditions relating to the number of qualifying weeks of Class 1 NI contributions:

https://data.parliament.uk/DepositedPapers/Files/DEP2022-0452/103-New_Style_JSA_only_V3.0.pdf

Note that NI conts for any tax year considered as part of a previous claim will now be deemed to have been used/exhausted*, so cannot be considered/used again as part of any new claim (you can only use those years once to meet the eligibility criteria)

* If any previous claim did not run for the full 26 weeks, there may be a balance of time remaining that can be used.

singhini

@NedS
Thanks - i will take a look at the pdf now

@peteuk
i think the legislation around starting a second claim is Chapter 21 Jobseekers Allowance – Labour market questions, Special Conditions for JSA (Cont) job seeking periods (in particular 21090 & 21091)

To recap:

What is the criteria for claiming JSA:

You qualify for contributory/new-style JSA if you have made the following level of National Insurance Contributions:

• in one of the last two complete tax years, have paid Class 1 (or special Class 2) contributions to the value of 26 times the LEL lower earnings limit; and

• in both of the last two complete tax years, have paid or been credited with, Class 1 (or special class 2) contributions to the value of 50 times the lower earnings limit.

The 2 tax years that are relevant are the ones that were completed before the benefit year in which your jobseeking period began.

The tax year runs 6 April - 5 April. The benefit year runs from the first Sunday in January.

Chapter 21 of the Decision Makers Guides

Chapter 21 Jobseekers Allowance – Labour market questions, Special Conditions for JSA (Cont) job seeking periods

More than one period of entitlement to JSA(Cont)

21090 -  If a claimant has two or more separate claims to JSA on which entitlement to JSA(Cont) is decided using the same two tax years, the days of entitlement in each of those awards are added together, up to a maximum of 182 days.   [JS Act 95, s 5(1)]

21091 If a claimant has two or more separate claims to JSA, the days of entitlement to JSA(Cont) in each of those awards are not added together for any claims where

1. the claimant's entitlement to JSA(Cont) is decided using at least one different tax year to the earlier award and

2. the separate periods do not link.

In these cases claimant's can start their 182 day maximum entitlement again.

Note to myself: go back to job centre and look into this (perhaps i should have been told to make another claim rather than be given JSANC1 form

NedS

singhini said:

To recap:

What is the criteria for claiming JSA:

You qualify for contributory/new-style JSA if you have made the following level of National Insurance Contributions:

• in one of the last two complete tax years, have paid Class 1 (or special Class 2) contributions to the value of 26 times the LEL lower earnings limit; and

That's not what is says. You must have paid NI conts for at least 26 weeks, totalling at least 26 times the LEL, in one of the last two tax years. Please also note my previous comments - you cannot use these weeks twice, for to separate claims. Once you have made one claim dependant upon those 26 weeks of NI conts, they are exhausted and thus cannot be considered for a second claim.

singhini said:

Note to myself: go back to job centre and look into this (perhaps i should have been told to make another claim rather than be given JSANC1 form

There is no point asking in the jobcentre. They are not benefit advisor's so will not be able to advise you, and even if they could it would make no difference as you did not make a claim. If you believe you are eligible, make a claim and DWP will process the claim and tell you the outcome (eligible or not). If you need advice, go to a benefits advice service such as CAB.

singhini

NedS said:

singhini said:

To recap:

What is the criteria for claiming JSA:

You qualify for contributory/new-style JSA if you have made the following level of National Insurance Contributions:

• in one of the last two complete tax years, have paid Class 1 (or special Class 2) contributions to the value of 26 times the LEL lower earnings limit; and

That's not what is says. You must have paid NI conts for at least 26 weeks, totalling at least 26 times the LEL, in one of the last two tax years. Please also note my previous comments - you cannot use these weeks twice, for to separate claims. Once you have made one claim dependant upon those 26 weeks of NI conts, they are exhausted and thus cannot be considered for a second claim.

singhini said:

Note to myself: go back to job centre and look into this (perhaps i should have been told to make another claim rather than be given JSANC1 form

There is no point asking in the jobcentre. They are not benefit advisor's so will not be able to advise you, and even if they could it would make no difference as you did not make a claim. If you believe you are eligible, make a claim and DWP will process the claim and tell you the outcome (eligible or not). If you need advice, go to a benefits advice service such as CAB.

Thanks for posting  can you send me the link to the wording please (where you say for at least 26 weeks)

I just looked up the Jobseekers Act and found this:
b) the claimant's relevant earnings for the base year upon which primary Class 1 contributions have been paid or treated as paid are not less than the base year's lower earnings limit multiplied by 26.

Also your probably right with not bothering to go back to the job centre and ask them, but no harm in doing so. I intend to make another claim and have it backdated 3 months (to back date it i will need to show that the job coach didn't give me all my options i.e. they only offered me JSANC1 form) [UC, JSA, ESA Regulations 2013]

If you can provide the link to the "for at least 26 weeks" that would be much appreciated 

EDIT: Ignore what i said (i just  realised you got it from the pdf you already posted, the docu,ment i only just read now).

I'm going to stick with my references i.e. Jobseekers Act 1995 and UC JSA ESA Regulations 2013 and Chapter 21 Jobseekers Allowance – Labour market questions, Special Conditions for JSA (Cont) job seeking periods

sammyjammy

singhini said:

Also your probably right with not bothering to go back to the job centre and ask them, but no harm in doing so. I intend to make another claim and have it backdated 3 months (to back date it i will need to show that the job coach didn't give me all my options i.e. they only offered me JSANC1 form) [UC, JSA, ESA Regulations 2013]

If you can provide the link to the "for at least 26 weeks" that would be much appreciated 

EDIT: Ignore what i said (i just  realised you got it from the pdf you already posted, the docu,ment i only just read now).

I'm going to stick with my references i.e. Jobseekers Act 1995 and UC JSA ESA Regulations 2013 and Chapter 21 Jobseekers Allowance – Labour market questions, Special Conditions for JSA (Cont) job seeking periods

You will not be able to back date it, they will not have the knowledge to advise you of the possibility of making another claim in a new calendar year and have no responsibility to do so.  Rightly or wrongly it is not an advertised possibility more  a quirk of the system.

sammyjammy

singhini said:

i think i was given the wrong info by the job centre. i had a JSA (Contribution Based) claim from August to February and then was given form JSANCI to claim just NI credits.

However, based on what people have said on this thread; if my claim finished in February, then surely i should have been told to make another JSA (Contribution Based) claim  --------> since this second claim would now be looking at different tax years compared to the initial claim  --------> does anyone know if that's right?

Anyway the second claim to JSA will not apply to you as your initial claim is still running, albeit for credits only.

singhini

sammyjammy said:

singhini said:

Also your probably right with not bothering to go back to the job centre and ask them, but no harm in doing so. I intend to make another claim and have it backdated 3 months (to back date it i will need to show that the job coach didn't give me all my options i.e. they only offered me JSANC1 form) [UC, JSA, ESA Regulations 2013]

If you can provide the link to the "for at least 26 weeks" that would be much appreciated 

EDIT: Ignore what i said (i just  realised you got it from the pdf you already posted, the docu,ment i only just read now).

I'm going to stick with my references i.e. Jobseekers Act 1995 and UC JSA ESA Regulations 2013 and Chapter 21 Jobseekers Allowance – Labour market questions, Special Conditions for JSA (Cont) job seeking periods

You will not be able to back date it, they will not have the knowledge to advise you of the possibility of making another claim in a new calendar year and have no responsibility to do so.  Rightly or wrongly it is not an advertised possibility more  a quirk of the system.

Thanks for posting that, much appreciated.

Interesting what you've said -------> i'm going to write to the minister to the DWP about this  (IMHO its "wrongly"). People have paid their taxes and DWP don't want to pay back what's potentially due to them ------> Naughty Naughty

huckster

It is not always straightforward making a new New Style JSA claim for a new period following on from a previous JSA claim period having been exhausted after 6 months.

There is something called linking periods, which often means that another claim cannot be made straightaway as there is a wait period of many weeks before new claim can be made.

Linking periods ( From JSA Advice for Decision Makers)

R1021 Two or more JSPs (Job Seeking Periods) are treated as one JSP where they are separated only by1

1. twelve weeks or less or

2. one linked period (see R1027 – R1036) or more than one linked period where one follows immediately

after the other or

3. any linked periods that are separated by a period of twelve weeks or less or

4. linked periods immediately followed by a period of twelve weeks or less or

5. linked periods immediately preceded by a period of twelve weeks or less or

6. any combination of 3., 4. and 5. or

7. one or more periods for which the claimant has been called to serve on a jury and is required to attend

court. But such periods should follow immediately one after the other.

Week means a period of seven days