End of entitlement to IS/JSA(IB)

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  • #34038
    Vix
    Participant

    Can anyone confirm that if entitlement to IS/JSA(IB) ends and the claimant moves immediately into work (still qualifying for HB), the entitlement to HB ends with IS/JSA and they have to make a new claim, therefore moving over to LHA, even if there is no break in HB?

    #48842
    simondoyle
    Participant

    If you, say get an NHB8 telling you of IS/JSA cessation, you would normally suspend and give them 1 month to tell you about their new circs. If they comply within the month, you don’t need a new claim and therefore they [b:548de4126a]don’t[/b:548de4126a] move onto LHA.

    However, if they are eligible for an EP, you will have to end the award and the only way to start the award again is to get a new claim form. In these circumstances they [b:548de4126a]will[/b:548de4126a] move onto LHA ……… until October 08 of course when awarding benefit after an EP period is a change of circs … and then they won’t !!!!! 😕

    #95048
    simondoyle
    Participant

    If you, say get an NHB8 telling you of IS/JSA cessation, you would normally suspend and give them 1 month to tell you about their new circs. If they comply within the month, you don’t need a new claim and therefore they [b:de9ba46dc2]don’t[/b:de9ba46dc2] move onto LHA.

    However, if they are eligible for an EP, you will have to end the award and the only way to start the award again is to get a new claim form. In these circumstances they [b:de9ba46dc2]will[/b:de9ba46dc2] move onto LHA ……… until October 08 of course when awarding benefit after an EP period is a change of circs … and then they won’t !!!!! 😕

    #95049
    Andy Thurman
    Keymaster

    I tend to agree with Simon but with reservations!

    [quote:606aa964e4]However, if they are eligible for an EP, you will have to end the award and the only way to start the award again is to get a new claim form. In these circumstances they will move onto LHA ……… [/quote:606aa964e4]

    Reading the new regs, as I say, I tend to agree. The guidance provided however, while conveniently neglecting to cover EP’s, talks about a “break” being required to trigger LHA.

    So, am I mis-reading the regs??

    🙄 Cynical thought – has the EP changes (to make them coc’s) been deliberately held back a few months to get a bigger switchover to LHA?! 😕

    #48845
    simondoyle
    Participant

    Oh good it’s not just me then!

    On the subject of triggering LHA, it will apply to new claims after 7 April 2008. To get HB after an EP period, you need to make a new claim. As far as I can see, there doesn’t need to be a break in award / entitlement.

    #48846
    Vix
    Participant

    I understand about the EP’s but what if there is end of IS/JSA but not EP awarded? E.g

    Claimant IS ceases on Wednesday, they start work on Thursday but don’t like it & claim IS/JSA again on friday. As HB won’t change until the sunday do they have to do a new claim?

    #48847
    Anonymous
    Guest

    No new claim here, just 2 changes of circumstance in a week, surely? 8)

    #95050
    cbuck
    Participant

    As the regs exist now you could get a situation where HB ends and a new claim is required even though EP not paid.

    Entitlement ends from Monday following IS cease where (HB reg 77);
    [list:245d3bfb2d]ceased due to starting work or increased hours/ earnings
    entitled to IS for 26 weeks
    work/ increased hours expected to last 5 weeks[/list:u:245d3bfb2d]

    EP can be paid where (HB sch 7);
    [list:245d3bfb2d]DWP notifies certain infor to LA
    Claimant notifies LA or DWP of the change to employment/ earnings within four weeks[/list:u:245d3bfb2d]

    So if the claimant fails to report the change HB still ends but no EP can be paid. New claim and LHA eligible.

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