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?

I really would speak to maternity action as I still think you are being given wrong info:

Do I have to keep looking for work whilst I’m pregnant?

When you claim JSA, you must fulfil the conditions of your jobseeker’s agreement; this means that you must look for work and take part in any work-related activities Jobcentre Plus tells you to.

If you are not able to work or look for work because of pregnancy-related illness or health and safety risks in early pregnancy, you may be able to claim Employment and Support Allowance – see below.

You may be able to claim Income Support instead of JSA from 11 weeks before your baby’s due date; this means that you no longer have to sign on and look for work – see below.

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.

(Please not all the may be able to bits - JSA should continue unless you choose to make a different claim due to not being able to look for work)

Income support has been rolled into UC for the OP, which she's not entitled to because of her partner's income.

I'm talking about this bit:

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.

This suggests JSA should continue until 34 weeks as long as they are looking for work

Yes it does imply that, and that's what the Maternity Alliance link says, buta couple of other people down thread think 11 weeks, but I'm not sure where that's from.

I think the answer might be that you can claim UC if you are entitled at 11 weeks instead of New JSA and then you don't have to be looking for work, but you don't have to, you can stay on JSA until 6 weeks before.

Maternity Allowance replaces JSA because you can claim it after 26 weeks pregnant. NSESA can be potentially be claimed if you are not going to get MA. You can't get both JSA and Maternity Allowance. You can't get JSA after 28 weeks pregnant. Regardless of whether you feel it is fair that appears to be the situation. You can check eligibility for MA on gov.uk

Income based benefits you will be able to claim will need to be checked based on household income so use a calculator on turn2us or entitled to

OP says she isn't eligible for MA

And .Gov website says ESA is payable from 6th week before birth, not before that

ESAcan be paid for 6 weeks before theEWCand for 14 days after the baby is born, subject to satisfying the conditions of entitlement forESA

By my reckoning JSA should be paid up until then (if they are looking for and are able to work) and then ESA can be paid

big

What's the reference for not being able to claim JSA after 28 weeks because that's not what the Maternity Alliance says. There was also a discussion on Rightnet which concluded that you could, though this was a while ago so I don't know whether that's changed www.rightsnet.org.uk/forums/viewthread/2274/

But in cases where you are claiming nsjsa then the UC work capability rules apply not the legacy benefits rules which is why it is complex and she needs to consult a benefits adviser. In CA local office they would probably consult the expert advice team cos the rules in these cases are complex. I was replying to another post not op but both should get some detailed advice I have not got enough detail about their locations and situations to suggest a definitive answer.

Isn't your former boss passing on private medical information to a third party a data breach under GDPR?

Thanks big. So there is a gap in the system for pregnant women who claim NS JSA and meet the contribution conditions for JSA but not MA between 11 and 6 weeks before due date. That must be an oversight surely. I wonder whether Maternity Alliance or other family charities are doing something about it already.

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?

I am no expert Tabby but I think you are considered for ESA if you are not eligible for MA, and I bet you have to apply - and fail - for MA first, which is hardly the best use of everyone's time IMO! MA can be paid from 11 weeks before the due date which would take the place of the JSA which seems to stop at 29 weeks.

Although I very much doubt it would run smoothly on ... but as I said, I'm not an expert and the CAB knows more than I do.

It looks like ESA can only be paid six weeks before for pregnancy, not 11 (see previous posts by various people). Between 6-11 weeks it will need a fit note from a doctor.

That's what makes me think JSA should continue. Wonder if there is a lot of misinterpretation of the info

I think it needs the OP to call Maternity Alliance and let us know! I think Big is right that it's the UC work capability test that's used for NS JSA, which is the 11 weeks, not the six weeks of the old JSA. Perhaps there's a different test for NS ESA too? I think it's probably not incredibly common that someone meets the JSA contributions conditions but not the MA (don't understand why they aren't aligned, that would make more sense), so it's entirely possible it's just not quite linked everything up as they generally expect a smooth transition to MA.

I think I'm over-invested in this as I really miss doing benefits work!