Can I claim SMP and JSA?

leftieM

I'm on a temporary contract that finishes when I am 6 months pregnant (I know, terrible timing!) Obviously no employer will touch me with a bargepole and I'll qualify for 26 weeks of SMP by then. What I am wondering is, can I claim JSA after SMP runs out? My baby will only be 3 months old and I am committed to breastfeeding for 6 months so I won't actually be available for work but sure the gov don't have to know that! I would have qualified for non-means tested JSA after the end of my contract had I not been pregnant. Should I apply for JSA first and then wait until the last minute to claim SMP?
All advice is welcome.

Fran

Hi leftieM

Have you got a partner because if you have and he isn't working you will need to make a joint claim for JSA?

leftieM

My husband works full time and earns about £22000 a year so we wouldn't qualify for means tested benefits. I think that I can get non means tested JSA because I have enough national insurance contributions. The complicating factor is my pregnancy. I obviously want to keep some kind of income coming in until my baby is 6 months old.

Spendless

If you would have got JSA contribution based after your contract finishes if you had not been pregnant, then you may be able to vlaim same after your maternity is up.

JSA contribution based is dependent on whether you have paid enough NI contributions in the last x financial years (i don't know amounts and years involved), so depending on whether you claim would be in this financial year or next (after April 6th) it would depend on NI contributions.- I have no idea which financial years are taken into consideration

I would suggest visiting somewhere like citizens advice to see if you would qualify.

Are you aware that you would qualify for child tax credit and that a higher rate is paid for babies under 12 months old.

XXJULESXX

Hi

If you are hoping to make a claim for contribution based JSA BEFORE 1st April 2005, then it will take into account your NI contributions between:
1st April 2002-31st March 2003 and between
1st April 2003-31st March 2004

If this claim is to be made AFTER 1st April 2005 then the contributions in these years applies:
1st April 2003-31st March 2004 and between
1st April 2004-31st March 2005

On your claim form you need to supply them with all the dates of your employment(s) during these periods and any dates that you were not working and claiming any benefits (if this applies).

They should not turn you down just because you have been claiming SMP if otherwise your contributions are ok.

Hope that helps clarify it a little bit.

leftieM

Thank you for the advice. I have emailed the CAB to help clarify things. It looks like I'll get benefits until junior is 6 months old which is what I need.

deemy2004

I'm on a temporary contract that finishes when I am 6 months pregnant (I know, terrible timing!) Obviously no employer will touch me with a bargepole and I'll qualify for 26 weeks of SMP by then. What I am wondering is, can I claim JSA after SMP runs out? My baby will only be 3 months old and I am committed to breastfeeding for 6 months so I won't actually be available for work but sure the gov don't have to know that! I would have qualified for non-means tested JSA after the end of my contract had I not been pregnant. Should I apply for JSA first and then wait until the last minute to claim SMP?
All advice is welcome.

SMP is for people who are employed. you can't get JSA cos that means your no longer employed

Whilst your in employement i.e. recieving SMP then you can't claim JSA, as you are still on the employers books as they will be recording your reciept of SMP on their PAYE records, and your leaving date will be when your SMP ends

So if you claim JSA, they may come back and say - Hey ! You were still working when you made your claim !

leftieM

In answer to Deemy....

I know now that where I said SMP I should have said MA. I apologise for my lack of knowledge of the terminology. I haven't been through the benefits system too often :-[

Emmacw

To claim JSA it is based on the contributions you paid in the 2 complete tax years prior to the benefit year in which you claim. The benefit year starts around 5th Jan each year.

Therefore if you claim JSA at some point after January 2005 your tax years will be 2003-04 & 2002-03. These will not change until Jan 2006.

JSA rules are that you MUST be available for and actively seeking work. You will be required to provide proof of your jobsearch each fortnight and the members of staff that see you both at your initial claim and on each visit have targets to meet in terms of submitting you to jobs.

You have to draw up an agreement with your new claims adviser on the types of jobs you are willing to look for and these will have to reflect the local jobs market and be realistic i.e. there are a reasonable number of them about.

If you do not make yourself available for work, or prove you are looking for work, or do not apply for a job notified to you by a jobcentre member of staff then you could lose your JSA for up to 6 motnhs which would wipe out the 6 months conts based JSA.

If you are not intending to work or look for work until your baby is at least 6 months old, why are you thinking about JSA?

Stay at home, have a lovely 6 months with your baby with a clear conscience!

P.S. All the very best for the future with your baby.