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Info needed about claiming JOBSEEKERS ALLOWANCE

edited 30 November -1 at 1:00AM in Benefits & Tax Credits
18 replies 11.3K views
Legacy_userLegacy_user Forumite
0 posts
MoneySaving Newbie
edited 30 November -1 at 1:00AM in Benefits & Tax Credits
Hi i have been working for the last seven months,

due to bullying and stress caused at work i am about to leave my job due to this situation.

I have been to my doctors twice and been given medication.

After i give my notice what do i do in regards to jobseekers?

Can someone also tell me how living in my own mortgaged property with my girlfriend (who works)
affects the amount of benefit i receive!

Thank-you for any help.


  • lisyloolisyloo Forumite
    26.8K posts
    Part of the Furniture 10,000 Posts Name Dropper
    Firstly make an appointment with your local DSS office straight away (if you wait then the start of your benefit claim will be delayed).

    I am not sure whether you are entitled to JSA because I thought you needed to have paid National Insurance for 2 years before you could get it (I'm not up to date with the latest info so you would need to check that).

    JSA is not a means tested benefit so it does not matter about your property or girlfriend but the length of time you've been paying national insurance i.e. working, may affect your entitlement.

    Normally you are not entitled to state benefits if you leave your job voluntarily.
    However I belive there are exceptions for medical reasons.
    The fact that you have been to your doctors is good because you can prove that.
    Expect to have to prove the medical situation.

    If you try claiming means tested benefits e.g. income support, then your girlfriends income (and any savings you have) will be taken into account and you may not qualify for any benefits if she earns enough.

    If you claim that you are not "living together" then they will send someone round to asses your living situation.
    They have a number of criteria they use, such as - do you use the same cutlery, have the same meals or do each others washing.
    They would check out your house and interview you.
  • minimini Forumite
    833 posts
    It may be worth looking into claiming council tax benefit, your grilfriends income would be taken into account, you can ask your local tax office for a form, or download & print it from here

    you can cliam up to 13 weeks before you become entitled.

  • SystemSystem Forumite
    177.9K posts
    10,000 Posts Name Dropper
    Hi a bit off the topic,

    but does anyone know if i have a claim against my employers for leaving under these circumstances?

    Also my contract was only initially a 6 month trail- couldn't i just tell the job centre it didn't work out.
    Or would i have to tell them i quit along with everything else?
  • minimini Forumite
    833 posts
    I have updated my previos post above if you could read it again.

    I think a  claim against your employer would need proof that you had notified them about your difficulties & they didn't help. Due to the short length of time with them I doubt you would be awarded miuch if successful, however I'm not a lawyer.

    Re Jobseekers allowance, they do say they check your reason for leaving with your employer, if you have come to the end of your 6 months you may find your employer happy to agree to say it was a temporary contract rather than admit they forced you out, may be worth asking your employer.

  • vanoonoovanoonoo Forumite
    1.9K posts
    Part of the Furniture 1,000 Posts Combo Breaker
    Colin have you explained to your employers that you are feeling as though you are being bullied and that this is causing you stress? They have an obligation to assist you. However mini is correct - employment law stipulates (well if did last year) that you have to have been continuously employed in the same company - not necessarily the same role - for a minimum of 12 months (in some cases 24 months) in order to claim unfair or constructive dismissal. I am lead to believe this does not hold in races related cases. I am not a legal expert but I have some experience with employment law having had to conduct two rounds of redundancies prior to my own role being made redundant in January of this year.

    Good luck, keep your chin up and try NOT to hand in your notice. Get the doctor to sign you off sick with stress if at all possible. If you register as a member on here please feel free to send me a private message for more information and support.
  • blinkoblinko Forumite
    2.4K posts
    Part of the Furniture 1,000 Posts Combo Breaker
    see i am in a similar situation, my employer is racist my actual boss isnt but those above her and she kind of passes the buck down.

    so its really difficult for coloured people to get ahead in the company, so basically im being squeezed out but i cant leave and concentrate on finding a better job because i cant claim JSA etc. so im stuck really :(
  • FranFran Forumite
    11.3K posts
    Part of the Furniture Combo Breaker
    blinko, you might find the following websites useful to look at:-

    dti Employment Relations, acas, Commission for Racial Equality

    Are you in a union at work? You could have a word with them about it if you are. You could also go to your local Citizens Advice Bureau for information advice Find your local CAB here, or one of these organisations may be able to help:- Commission for Racial Equality info and links
    Torgwen.......... :) ...........
  • PopehPopeh Forumite
    1 posts
    Just wanted to make a few points about the JSA rules as they stand this week (all could change tomorrow, though so always ask the Jobcentre).

    Whenever someone leaves a job voluntarily or is dismissed (for any reason) the employer is contacted to give a statement of the reasons for the employee leaving or being sacked - as they see it. In situations where the employee has left of their own accord they are also asked by the jobcentre to provide a statement giving their reasons for doing so. A decision is then made on a case by case basis as to whether that person is entitled to benefits.
    However, even if you think you are not going to receive any money, you should still claim as in most circumstances, I believe that your NI contributions are still paid, and you can also make a claim for hardship which is at a reduced rate from JSA - you are not able to claim this unless you have a claim for JSA though.

    Basically, it is a common misconception that you are automatically not entitled to benefits if you leave or are sacked - the rules (as always) are complicated and as no one can stop you from making a claim (more about that in a sec) you may as well go for it.

    Finally - Anyone can make a claim to any benefit they like - the DSS/Jobcentre cannot refuse to take a claim even if they think you are not eligible - that decision can only be made by a benefits processor.

    Hope that is clear and of some help.
    something missing
  • dag_2dag_2 Forumite
    793 posts
    If you feel that you cannot attend work due to stress or bullying, then technically you're entitled to Statutory Sick Pay.

    If you leave and try to claim Jobseeker's Allowance, you run the risk of getting a 26-week sanction. You probably won't get a sanction - but there's a risk of roughly 2.5%, which is increased if you suffer from a learning difficulty.
  • dag_2dag_2 Forumite
    793 posts
    But if you phone in sick, your employer has got to pay Statutory Sick Pay. Arrange to see your GP and get a sick note. There's absolutely no risk of sanction at all. The worst that can happen is that the doctor refuses to give you the sick note - which is unlikely, and if it happens, you just arrange to see another doctor in the same surgery.

    If you haven't gone back to work in 28 weeks, then you can get a note from the GP with the back-to-work date set at 28 weeks after you first went off sick. This is considered long enough to break the contact with work, meaning you will be able to get Jobseeker's Allowance without any risk of being sanctioned for leaving "voluntarily".

    If you wish to carry on getting sickness benefits after 28 weeks, you will have to fill in a "Personal Capability Assessment" form, which is more complicated than just getting a sick note from the GP.
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