extended payments again, jsa recouped from compensation awar

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    david kearney


    Customer in receipt of JSA from Dec 08 to September 2010.

    Takes his former employer to employment tribunal and is eventually succesful. “ET decision that claimant was unfairly dismissed. JSA for the period 01.12.08 to 3103.2010. The JSA for this period has been recouped from the compensation award. Entitlement to JSA is revised. Clmt treated as unemployed and entitled to JSA from 01.04.2010” (sic, CIS notes)

    He then starts work on 01.09.10 Applies for a job grant and hb extended payments. Is turned down for both on 26 week grounds. Has now appealed against both decisions.

    Every sympathy for cust, but it seems straightforward enough, he might have been paid JSA but he wasn’t entiled, so no run on. This will end up at tribunal, so can anyone see an argument that this should be payable?



    The answer to this one I think depends whether this is a case of compensation recovery, or a case of earnings attribution.

    If it is compensation recovery, I think the CIS notes are very misleading and actually say the opposite of what has happened. The award of compensation does not affect the claimant’s past entitlement to JSA, but the DWP is entitled to recover from the [b:6646ee85d6]employ[u:6646ee85d6]er[/u:6646ee85d6][/b:6646ee85d6] an amount equal to the JSA it has paid. This is deducted at source from the [u:6646ee85d6]employee’s[/u:6646ee85d6] compensation: the claimant receives less compensation than if s/he had not been on JSA. It is completely wrong to view this as a revision of the JSA award.

    On the other hand, if the claimant has received a payment of compensation that counts as earnings and/or as capital for JSA purposes, that would affect the JSA(ib) award. I may be wrong, but I think the correct method in JSA(ib) is to take it into account going forward for a period of time equal to the period in the past to which the compensation relates. So if in October 2010 you have been awarded six months’ back pay for a period in 2007, it gets taken into account for six months from October 2010 (I think that’s right – JSA means-testing rules are a bit complex for me. Stainsby will know if he’s around).

    It seems to me that the claimant’s entitlement to an extended payment relies on properly establishing which of the above has taken place (perhaps it is both)


    I agree with PeterB and would add, from details you posted, this payment counts as earnings{Unfair dismissal} and is attributable to the period payment is made or due to be made, as far as I understand the JSA regs.

    In your case I think EP still not payable.

    david kearney

    Many thanks. I’m going down the line that unless he can get Jobcentre to confirm that he was entitled to JSA prior to April then my hands are tied. Will treat as an appeal if desired, but he needs to be focussing on the entitlement to JSA question. I will pass on your interpretation to the customer with the appropriate caveats Peter. He’s won one tribunal, I think he’s quite looking forward to another one.

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