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Is someone entitled to JSA after dismissal?

48 replies

80srockheart · 29/07/2015 07:45

Just that, really - my brother was dismissed recently and has struggled to find a job. He has no income and i am supporting him. what does he need to do?

OP posts:

GrannyWW · 29/07/2015 07:52

get off his bum and go to the job center ?


YouBastardSockBalls · 29/07/2015 07:53

Helpful Granny Hmm
Did that make you happy, hmmmm?

OP no I don't think he would be entitled to JSA.


swisscheesetony · 29/07/2015 07:54

Yes he should be although I believe it's a bit of a grey area if it's "gross misconduct" and it might depend upon the levels of sympathy of the person sat across from the desk.

If he's renting get him to nip into the council to talk about housing benefit - in my experience the people on the front line are lovely. Also if he has children and he has them for overnight visits that he mentions this on the forms/extra bedrooms bits.

If he's a single man he won't be entitled to an awful lot - but at least he'll still get his NI stamp for a pension which may or may not be in the pot when our time comes.

In fact that might be the think that you can leverage "against" him - he needs to sign on to get his stamp.


madmaxx · 29/07/2015 07:55

Of course he should be entitled to JSA.

Get him to go down to the job centre and sign on.


RepeatAdNauseum · 29/07/2015 07:56

He needs to sign on regardless. He may be sanctioned for up to 26 weeks because he was dismissed, but the 26 weeks doesn't start until he starts claiming, and his sanction may not be that long.


hearthattack · 29/07/2015 07:59

He should be able to claim JSA. Technically you can't claim for 12 weeks if you left a job voluntarily, or did something that in a round about way made it your decision to leave. But if he can convince the Job Centre that the circumstances were forced upon him the claim will be processed. I'd get him to claim as soon as possible, as there's a two week period after the initial claim where they won't pay any money. It is possible to backdate a claim, but only if you can demonstrate that there was a good reason why you didn't make it sooner (like you were in hospital, for example).

Once you have a claim for JSA (particularly income rather than contributions based, check the difference online) you're entitled to other help like housing benefit too. It's definitely worth a go. If he's paid into the system through income tax in the past (or even if he hasn't and he really needs help, in my opinion) it's perfectly fine to make use of a safety net that's designed exactly for that purpose.


80srockheart · 29/07/2015 08:02

Thank you :) it wasn't 'gross misconduct' but non-renewal of contract. He doesn't rent and he is a single man. Granny he has autism and finds some things difficult to manage.

OP posts:

LIZS · 29/07/2015 08:06

So he wasn't dismissed. Would he be eligible for ESA rather than JSA then he could get more support in getting employment and being employable.


80srockheart · 29/07/2015 08:09

I doubt it - he is only in the process of getting a diagnosis.

His letter terminating his contract uses the word dismissal which is why I did.

OP posts:

swisscheesetony · 29/07/2015 08:09

Right - well if he's autistic it is worth enquiring about any possible disability payments and if you are keeping an eye on him - which it seems you are, carers allowance for you too - which is non-means tested.

I know it's hard to know where to even bloody start - but might help and of course the ever trustworthy citizens advixe.


80srockheart · 29/07/2015 08:12

Thank you. We are expecting a formal diagnosis any day now but he is very defensive about this.

OP posts:

MovingOnUpMovingOnOut · 29/07/2015 08:33

A dismissal doesn't have to be a sacking or have any fault in which case JSA should be payable straight away if he is eligible. From what you have posted op your brother should contact the job centre ASAP and find out what benefits he is entitled to including JSA. He may also be able to claim housing benefit or other benefits. CAB can be helpful.

If he is undiagnosed and able to work I understand he is unlikely to be entitled to ESA.


MovingOnUpMovingOnOut · 29/07/2015 08:34

Iirc housing benefit has to be claimed via the council but CAB will know.


MovingOnUpMovingOnOut · 29/07/2015 08:36


BelindaBagwash · 29/07/2015 08:42

Granny I wonder if you or any close members of your family have ever been in a similar position?

Our job centre is useless - all they do is give you the names of job websites and offer no help in finding jobs at all.


Collaborate · 29/07/2015 08:45

Belinda Nothing wrong in Granny pointing out the blindingly obvious is there?


BerniceBroadside · 29/07/2015 08:47

OP, see if there is a DIAL network in your area. They provide advice on benefits etc for people with disabilities.


BelindaBagwash · 29/07/2015 08:49

If she'd said something like, "Has he tried his local job centre for advice" that would have been a nicer way to put it.


80srockheart · 29/07/2015 09:03

Thank you. He doesn't need housing benefit but he has absolutely no income and so he is struggling.

OP posts:

Caryam · 29/07/2015 09:09

Carers allowance is means tested.


Tryharder · 29/07/2015 09:12

Your poor brother. You sound like a lovely sister, OP

I know nothing about the benefits system but in your shoes I'd probably seek advice from CAB or an autism charity.


80srockheart · 29/07/2015 09:20

Thanks - is it possible to make a claim online?

OP posts:

Caryam · 29/07/2015 09:20

It doesn't sound like he would be entitled to any disability benefits at this point. But he is entitled to JSA and other income related benefits.


ilovesooty · 29/07/2015 09:21

A claim for jsa needs to be submitted preferably online. He also needs to seek help from DIAL or similar but when he is diagnosed should advise the job centre that he has a disability covered by the Equality Act 2010.


80srockheart · 29/07/2015 09:22

Thanks. He won't go to the job centre so is there an alternative - online or over the phone?

OP posts:
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