Non-Dep deductions where Non-Dep has JSA sanction

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  • #19663
    anthony
    Participant

    This is a case I am helping compose an appeal for.
    The claimant is elderly (over 65 so easement will apply).
    The Non-Dependent has had his JSA sanctioned, and is aged 19.

    Th LA has applied the maximum deduction, from the time the ndep moved in as no proof of ndep income is available.

    My question is, if there is an underlying entitlement to JSA (income based), will there be no deduction at all, or will the minimum deduction apply as he has no earnings but no JSA(IB)?
    (I am assuming the sanction will last longer than the easement, even though this might not be the case once the thing has played out).

    #491
    Anonymous
    Guest

    Non-dep is not in remunerative work so the lowest deduction would apply

    #492
    Anonymous
    Guest

    As far as I am aware a person who is santioned is still entitled to JSA(IB) but they are not paid. They are sanctioned because they have not kept a jobsearch agreement or something similar. Therefiore the appropriate IS/JSA deduction applies

    a person is suspened if they had wages in lieu of notice, left thejob voluntarily or holiday pay or for some other similar reason. There is no entitlement to IS/JSA(IB) and the deduction for working less than 16 hours would apply.

    I thought I knew where this distinction between sanctioned and suspened was written into the regs but a quick scan didnt find it. Sorry

    #493
    anthony
    Participant

    Hi Jon – it was actually something you said to me which put the thought about this in my head (although you were speaking of the claimant having a jsa sanction). – I previously worked for your borough 🙂

    “63 (8) No deduction shall be made in calculating the amount of a rent rebate or allowance in respect of a non-dependant aged less than 25 who is on income support or an income-based jobseeker’s allowance. ”

    It comes down the the meaning of this word ‘on’.
    You are quite sure it includes those that have been sanctioned?
    (in this case the sanction was applied because the ndep quit his last job).

    I now have one person saying ‘black’ one person saying ‘white’, but you have convinced me it is worth including in the appeal, thanks.

    #494
    Bobkirkpatrick
    Participant

    The Shelter/Chartered Institute of Housing Guide to HB suggests that the no deduction provision applies to people under 25 in receipt of income-based JSA which includes people receiving it while on a government training scheme and those who would receive it except that they are subject to a sanction.

    Notwithstanding this, if a deduction in such a case is applied, in respect of someone who quite clearly has no income and no means of paying the contribution, wouldn’t this be a prime candidate for a Discretionary Housing Payment? Is there any reason why you wouldn’t actively encourage the tenant to put in a claim?

    #495
    Mark
    Participant

    The definition of “on income support or JSA(IB)” can be found in HB Reg 2(3A) and includes people “where the allowance is not paid in accordance with section 19 or 20A of the Jobseekers Act 1995”. These sections are the things that list misconduct and prescribe sanctions. Therefore, in the case that started this thread no non-dependant deduction should be made. Being sanctioned for JSA(IB) is treated in the same way as actually receiving it.

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