Terms & Conditions

[caroline c]

Hi,

Coincidently, I have another extended payment query.

Single person in receipt of JSA (Contributions based). After “exactly” 26 weeks, she got a job expected to last at least 5 wks & we refused extended payment because she was in receipt of JSAC & not JSA (income based)

Under HB Reg 72 JSAC is treated as a “qualifying income related benefit” to make up 26 wks in conjunction say with jsa (income based)… BUT, claimant must be entitled to income based benefit immediately before.

Following advise from JCPlus, the lady is adamant & pursing an entitlement to extended payment but I do need to send to the tribunal.

Directgov states she is eligible because she is getting Job Seekers Allowance for at least 26 wks

Several things…
Have I have interpreted the reg correctly
Is there a way round this?
Any one know of any case law/or words to support this decision
Does Directgov info hold any weight to a claimants appeal?

I assume that if she had a days entitlement to jsai, she would qualify for an extended payment.

[Kevin D]

Based on the info stated, the info given by both JC+ and on DirectGov is wrong and/or thoroughly misleading.

I agree with your analysis – JSA must be income-based immediately prior to the change.

Neither the advice from JC+ nor DirectGov *should* carry any weight at all at Tribunal. The law must be applied as is; not per circulars and/or general information in the public domain. In my view, the wording in HBR 72 et al is sufficiently clear not to need any case law. If the FtT finds for the clmt, it should go straight to UT.

As to whether the clmt has a case for compensation from the DWP for the poor advice is also doubtful. After all, she hasn’t lost anything. The clmt has simply failed to gain something.

[caroline c]

Thanks for this… it’s given me that little push to be convident taking to Tribunal.

Cheers, Caroline

[Anonymous]

Have you checkeed with DWP on ESEF/CIS that she hasn’t had 1 days JSi awarded at the end of her JSC period?

I see an awful lot of cases like this and it’s only on checking with ESEF that you see the 1 day JSi award.

Just a thought.

Mark

[caroline c]

I have double checked CIS & no JSAI awarded on last day. In fact recent notes on there show that she has been refused job grant on same basis. Thanks for that info anyway as somthing to think about on future cases.

Cheers, Caroline

[Author]

Posts