Gap in JSA due to working

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  • #39442
    rds01
    Participant

    We have a claimant who did one weeks work in June and one weeks work in July. JSA have nilled his JSA award for the weeks after he worked (not for the week of actual work) as this is when he was paid. If we award HB in these weeks where there is no JSA aweard, what income should we use? There is no JSA awrad and he was not working so had nil income. This would mean he effectively gets max HB throughout even though he worked? Is this right? Should we use earnings but not for the period they cover but for the period of no JSA?? Thanks.

    #112144
    Anonymous
    Guest

    Messy, but the correct decision for HB would be to assess earnings over the period they were earned. This would mean full benefit throughout.

    This is not much difference to claimant starting work on a Monday, then going back onto JSA(IB) the next Monday. The first change is effective from the following Monday but JSA starting is effective from the same day so earnings are ignored altogether.

    A good argument for consolodating all benefits into a single credit!

    #112149
    Kevin D
    Participant

    If JSA(C), just add the earnings to the weeks worked – don’t forget that any reinstatement of JSA(C) would be subject to the “relevant benefit” change of circs provisions.

    If JSA(IB) and the work was undertaken during periods covered by lawful entitlement to JSA(IB), I agree that the earnings must be disregarded for HB/CTB purposes no matter how nuts that may seem.

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