No longer allowed to claim JSA because I’m pregnant but not eligible for UC...

[AngeloMysterioso]

I’m currently 30 weeks pregnant and have been unemployed since March. My previous employer had (until finding out I was pregnant) been willing to extend my contract, but upon finding out I was pregnant not only changed his mind but took it upon himself to inform my recruitment consultant of my pregnancy. Since then despite trying my hardest I’ve been unable to get another job. I had a small amount of savings which eventually ran out in July, which was when I caved in and reluctantly applied for JSA. I was put onto contributions-based JSA but at my first appointment was told I can only claim it until 11 weeks prior to my due date (which was last week) at which point I would have to switch over to UC. The advisor told me to basically go to my first signing on appointment, wait until the first payment came in (which was today) and then apply for UC straight away.
So this afternoon I called the CAB service which helps you to apply for UC as the whole thing makes my head spin a bit- he asked for some details which he put into a calculator, and then told me I’m not eligible for UC as my husband earns too much (he doesn’t exactly earn a fortune). He said I could apply for Maternity Allowance, but as I wasn’t employed long enough in the 66 weeks prior to my due date I’m not eligible for that either.

Does that seem right? I’m basically being forced to stop claiming a benefit I would otherwise be entitled to for 6 months because I’m pregnant, even though I’m not entitled to anything else?

Can you claim ESA?

I doubt think the adviser was correct to say you can only claim up to 29 weeks if you were still actively looking for work. According to a link I will post they should only stop paying JSA 4 weeks before the expected date of birth.

maternityaction.org.uk/advice/money-for-parents-and-babies/

It might be worth contacting Pregnant then Screwed advice line in relation to the employment discrimination, pregnantthenscrewed.com/our-support-services/

Wrt benefits, it does seem like you've fallen through the net, it's strange there are different conditions for contributions-based JSA and Maternity Allowance, and it does seem like sex/pregnancy discrimination of sorts - a man wouldn't end up in this position with JSA being stopped and no alternative. Is there a Law Centre near you? Or there's Maternity Action, maternityaction.org.uk/advice-line/ - I'd think this raises a wider policy issue.

My benefits knowledge is a bit out of date though, I did work at a national level doing benefits policy work years ago. Someone with more up to date knowledge might be able to think of something else!

You can claim JSA until 34 weeks if you are still actively looking for work. Then I think you can switch to ESA.

I’ve done some work with CAB getting people to first payment with UC and we’ve had lots of pregnant women apply and get it.... it continues until a month before the birth. However yes, if your partner earns over a certain amount it will be seen that he can support you.

If you’d be eligible for contributions based ESA (new style) I would be inclined to ask your GP to sign you off with a pregnancy ailment and claim that. ESA is the same as JSA but it’s for people unable to work for medical reasons and you can claim it for up to a year. Any chance you’ve got anything your GP might sign you off with?

From my link :

From 6 weeks before the week your baby is due until 2 weeks after the birth you will be treated as having limited capability for work so you cannot be paid JSA during this time. You may be able to claim Income Support or Employment and Support Allowance instead – see below.

As long as you were still looking for work they shouldn't stop paying JSA until the above applies

I think the 29 weeks is a bit misleading. What the advisor probably meant is that you can only claim contribution based JSA for so long and then you have to move across to income based JSA which then takes into account you household income as a whole. Contribution based JSA isn't means tested, it's just based upon how many weeks you've paid national insurance for and is only meant as a temporary solution in situations like you've lost your job.

If you apply for MA and are rejected I think they automatically consider you for ESA although that depends on your tax contribution record. Have you only worked during your pregnancy, OP? Have you worked in the past two (tax) years?

I was allowed to continue to claim my contribution base JSA until I started claiming Maternity allowance

There's a facebooo group called universal credit survival and you'll be given some advice from very knowledgeable people there.

If you give them you numbers and circumstances they'll tell you what you're entitled to.

It is supposed to be paid for 26 weeks

You can claim JSA for as long as you like pre- birth. You must still be available for and actively seeking work (though that work can be temporary work rather than permanent).

Once the baby is born or you start to claimmaternity benefits the JSA regs mean you cannot get that benefit anymore and you claim an alternative one suited to your needs.

Tell the advisor/phone agent they are wrong.
As you are on JSA refer them to the JSA regulations and to the Decision Makers Guide vol 4 and to their own intranet based guidance for advisors or first contact agents.

If they still demand you claim UC refuse - if they close your claim seek redress. Tell them to raise an incident/query with the advice line who will tell the they are wrong.

Makes me bloody cross!

It looks as though the 11 weeks before applies to income support, and the six weeks before applies to JSA, this photo is from the decision makers guide assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/804863/dmgch20.pdf

It still feels like sex / pregnancy discrimination to me though I agree a pragmatic way around it could be getting signed off sick and claiming ESA.

Hi op I work for CAB - I have checked the regs.

You can only claim NS JSA until 28 weeks as the work related activity rules (therefore entitlement for JSA) are the same as for UC, and UC claimants are placed in the no work related activity group from 28 weeks pregnant. but you can claim NS ESA. You are not required to look for work and it looks like you don't have to provide a GP fit note either - you can apply by completing the NSESAF1 form (download it from Gov.uk).

TL:DR - Because UC rules apply you are no longer entitled to NS JSA but you can claim NS ESA while you are in the "no work related activity" group under UC rules.

Thanks for the advice all. It’s so confusing isn’t it?!

Thanks for posting this OP. I am in the same situation and asked the question at the job centre today - they never mentioned it before but they said they're going to stop my JSA in two weeks and I will have to claim maternity allowance under the umbrella of UC. I wanted to claim JSA until baby was due, as I still consider myself available for work. I don't see why they're writing me off at 28 weeks? I don't feel like the job centre is set up to deal with people on contributions based JSA. They kept saying i'd get universal credit (as that's what the lone parent advisor says...) but I know I'm not entitled to anything as my husband earns too much. So like you, I'm going to miss out on nearly 3 months JSA which I should be entitled to due to my NI contributions. If I find out anything useful, I will come back and update you.

I have spoken to the DWP and they have confirmed that they do not consider pregnant women to be available for work from 29 weeks and so stop JSA claims. I think that's disgusting personally and basically validates employers who would discriminate against pregnant women. I think I'm going to write to my MP.

Leg you can claim NS ESA while you are unable to work. See my earlier post and ask for help from local CAB

New style ESA is based on contributions like NS JSA but is for people "unable" to work.

The 29 weeks is because other benefits can be claimed from that point though, like Maternity Allowance. The system will be set so there is no overlap in benefits.

@bigmouthstrikesagain thanks for that. I will take a look. DWP didn't mention ESA, simply that I would have to claim Maternity allowance earlier as I am not working. I still don't understand why they would impose these conditions as I expect to be perfectly capable of work until much closer to.my due date - it would be good to have the option.

And it seems really counter-intuitive to fill in a form about my 'illness' when I'm not ill.

A claimant will automatically be treated as having limited capability for work and will not have to have the limited capability for work assessment if they:

• are pregnant and within the maternity allowance period and entitled to maternity allowance; or

are or was pregnant and it is between six weeks before the expected week of childbirth and 14 days after the actual date of childbirth and there is no entitlement to statutory maternity pay or maternity allowance

Doesn't that mean for the OP who can't claim MA there is a gap between 11 and 6 weeks before baby's due when she will have to get signed off for ESA?

six weeks before the expected week of childbirth and 14 days after the actual date of childbirth and there is no entitlement to statutory maternity pay or maternity allowance

This bit reads to me that they should be paying JSA up until 34 weeks of pregnancy if OP isn't entitled to SMP or MA