claiming benefits after maternity leave

scouselass

Just a few more points to throw in the mix:

Despite the problems of your firm, there is new legislation regarding your rights to be considered for part time work. If you fail to ask for this and simply leave this may jepordise the JSA claim. However, if you ask and they refuse, then you did you best to remain employed.

Fran is right that if you/your partner cannot claim Income based JSA because his income (and probably his working hours) will prohibit the claim.

However I'm sure you could submit a claim for Contribution based JSA based on your NI Contributions (if you have a sufficient history). However the claim may be refused if DWP take the view you gave up work intentionally, and Spendless relates her own experience of this. However, a Welfare Rights Adviser can help you challenge this decision. but you need to do this within 1 months of the date on the decision letter. And you won't get a decision letter if you don't make an actual claim. Someones say so on the phone isn't a legal decision.

To get Contribution based JSA you need to have paid the correct rate of NI contributions, and if you worked full time and paid Tax and NI then this usually would be the correct rate. In addition, you need to have paid/been credited with NI contributions over the correct time period, which I believe is during the last two complete tax years (so contributions from April this year are not counted). Check out the precise time frame as my detail are too vague. If you satisfy the NI contributions and the DWP accept that you are actively seeking work then you can receive JSA for 6 months, and your partner's income will not affect your entitlement.

Alternatively, some woman in your position take time off sick and go onto incapacity benefit (ICB). Again this is not meanstested (ie partners income doesn't count) and it is based around your NI contributions history. A form is submitted to the DWP alongwith the doctor's note confirming your ill health.

Finally, when it comes to working tax credits this is a minefield....there are some instances where it is best to inform them of some changes at the end of a year, instead of when they happen. I will spare you the details, so no advice here, but seek help with this.

Also when checking out WTC you need to weigh up the options: if you go onto ICB you can put your childcare charges in as part of the claim (providing they are with a registered childcare provider). If you are on JSA you cannot count the childcare charges. As mentioned preivously there are baby additions in the first year which should increase the amount of CTC.

If you get onto WTC you can claim a £500 Sure Start Maternity Grant, but must do so within 3 months of the birth and be on a qualifying benefit (WTC). If you are running close to this deadline and worried that a WTC claim will not be decided in time, then submit the Sure Start Maternity Grant claim anyway. You will receive a decision letter refusing the grant as you are not receiving a qualifying benefit (the WTC). However, if the WTC is later awarded, you can then ask them to look again at the Sure Start Grant claim in light of the new circs (now on WTC). And providing this request is made within 1 month of the WTC decision the grant should be awarded. Hope that's as clear as mud! All this would be dealt with by a WR Specialist, but don't miss those deadlines. £500 comes in quite useful and is approx 10 wks worth of JSA!!

If you decide against JSA or ICB and get that part time job, still check out the tax credits, including childcare costs which can be counted if both working. Again check out with a WR Specialist whether you tell IR straight away, or whether you wait till the end of the year. This years income in your household will have changed, ie gone down and the dependants in the household have gone up!

Good Luck




I understand from your posts that you do not currently get WTC, only CTC and if this is the case this will not affect the assesment/payment of JSA or ICB. You cannot get JSA and ICB together.