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Original poster

JSA - claim denied due to maternity leave?

39 replies

BigLittleRedOne · 01/08/2017 16:58

First time poster here - need some advice from anyone who has been in a similar position.

I have recenrtly been made redundant from a big corporation where I worked for 12 years. I am trying to claim Job Seekers Allowance, as although my partner is working we have mortgage, bills and childcare commitments etc.

I had DS in early 2015 and a year of maternity leave on statutory maternity pay. I've just found out today that my claim for JSA has been rejected due to the fact that I paid less National Insurance during my maternity year, despite having paid into the system for the previous 10 years.

I have spent all day on the phone to various people in the benefits office trying to understand this - it just seems grossly unfair that they are only looking at the most recent years, when my record of paying NI stretches back way further.

I really need the JSA to keep heads above water while I job hunt, and I feel really let down by the system, and I've been penalised for having a baby! Has anyone else been in this situation? Any advice on whether I can appeal?

OP posts:
NameChange30 · 01/08/2017 17:02

The best people to ask would be Citizens Advice, they have a helpline you can call.

I'm on maternity leave myself but if I remember rightly the rules are pretty strict. You can only get contributory JSA if you've paid NI for the previous 2 years. Unfair but those are the rules!

Still worth checking with Citizens Advice though.

NameChange30 · 01/08/2017 17:03

Did you get redundancy pay btw? You should have got a decent amount, since you worked there for so long.

Depending on your partner's income and your (joint) savings, you might be entitled to Child Tax Credits - there is a tax credit calculator, I'll see if I can find the link.

NameChange30 · 01/08/2017 17:06

www.gov.uk/tax-credits-calculator

Tax credits are usually calculated based on your income for the previous tax year (i.e. 2016-17) but if your income has changed significantly (Which yours has) you can request that it's calculated based on your current income. Obviously you would need to inform straight away if and when you get a new job, as there would be a risk of overpayment.

CosmicPineapple · 01/08/2017 17:10

I am afraid it will depend on your DHs hours of work and income. There is nothing you can do to claim contribution JSA unless you find out how much NI you are short by and pay the lump sum.
If your DH works on average 24 hpw and you have less than £16000 in savings you can claim income based JSA.

Otherwise you will have to survive on his income and get another job asap.
Also agree with other posters to use turn2us as tax credits maybe an option.
After 12 years serive you should recieve a decent amount depending on what your weekly wage was.

Hope you can sort it soon OP.

NameChange30 · 01/08/2017 17:12

Sorry to keep spamming you but I've just looked it up and I think you could well be eligible for contributory JSA actually. It depends how long you worked in 2015-2017 and how long you were on maternity leave. Also if you have been claiming Child Benefit (which you should have been?) you get NI credits which might count.

Definitely call or visit Citizens Advice - they can confirm whether you're eligible and also advise you on how to appeal the decision.

Ellieboolou27 · 01/08/2017 17:15

In order to claim contributions based JSA you need to have paid in enough tax in the last 2 tax years, if not, it's income based JSA which is calculated based on your household income, if your partner is working and earning less than 17,600 per year then you may qualify for WTC. I
Go to www.entitledto.org and it will do a calculation for you.
It's not fair, but it's the system. If your not currently working what are the childcare commitments?
Ask your mortgage provider to switch to interest only until your more financially stable.

mummyclarke1987 · 01/08/2017 17:32

I moved up north while on maternity leave so had to leave my job so I claimed JSA when I was job hunting. They gave it to me without even ask about my partners income. That was recently, only Oct 2016. I think they should give it to you.

thesourceofLoveandLight · 01/08/2017 17:41

how old is your child? you might qualify for income support instead.

NameChange30 · 01/08/2017 17:46

No. Income support is for single parents of young children. Not for people with a partner in paid work.

Ellieboolou27 · 01/08/2017 19:07

You got jsa mummy because you had paid enough tax for the past 2 tax years, or if your getting income based your household earns, you've got jsa as you meet one of the criteria above, the op hasn't.

Ellieboolou27 · 01/08/2017 19:07

*household earns more than op's

Ellieboolou27 · 01/08/2017 19:09

LESS earns less than op's! I need a coffee I'm losing it Grin

butternutsquashtime · 01/08/2017 19:15

I am in a similar situation whereby I had a baby in Feb 2015 and I have also been made redundant.

I wasn't aware that there may be an issue with JSA if you had taken stat mat pay in the previous 2 years! I thought you got taxed on smp to ensure you carried on getting NI contributions.

I am in the process of waiting to see if I am eligible for child tax credits (they stopped them as I earned too much last year) but if I'm not I was going to have to go down the JSA and now I'm concerned I won't even get that!

NameChange30 · 01/08/2017 21:59

There seems to be some confusion between tax and NI contributions on this thread. They are not the same thing. Contributory JSA (cJSA) depends on NI contributions you have made, not tax you have paid.

If you claim Child Benefit you get NI credits (as if you had been contributing) and I know they count towards your state pension, but I'm not sure about cJSA.

As I said, the best way to check is to call/visit Citizens Advice.

Or post here with the dates you were on maternity leave and I might be able to help.

Babyroobs · 01/08/2017 23:44

I think it would be based on NI contributions paid during tax years 2015-16 and 2014-15.

Original poster
BigLittleRedOne · 02/08/2017 08:25

Thanks everyone.

I will speak to Citizens Advice. I've been told by the benefits office that we're unlikely to get income-based JSA.

@AnotherEmma my maternity leave was Dec '14 to Dec '15 - I dont have exact dates but can get them from HR dept. We do claim child benefit.

OP posts:
mistc · 02/08/2017 08:45

Child benefit doesn't count towards contributory-based JSA as they are class 3 NI credits. You need class 1 (or in some cases class 2) NI credits which is usually from paid work only. I don't think OP would have paid enough as it would be based on the 2014-2015 and 2015-2016 years. You should get redundancy pay though.

Neverknowing · 02/08/2017 08:52

can you try and claim universal credit? Don't tell them you're searching for a job, you're allowed to be a stay at home mum until your child is five I believe maybe have a look at that?

NameChange30 · 02/08/2017 11:22

In that case OP (based on the dates) you're not eligible for cJSA.
You would have to have "paid Class 1 National Insurance on the equivalent of 50 weeks’ work at the ‘lower earnings limit’ during each of the 2 previous tax years prior to the start of the current benefit year"

mistc
Thank you for clarifying re Child Benefit and NI credits.

Never
That is incorrect. The OP would only qualify for universal credit as a parent of a young child (Income support under the old system) if she was a single parent. She has a partner in paid work so she doesn't qualify.

I think Child Tax Credits is the only thing you might be eligible for. It depends on income and savings so check the calculator.

Neverknowing · 02/08/2017 11:28

Ahh okay. My friend claims UC and her partner is in paid work? I think it may be just to top up her income? Maybe it's means tested but if the ops partner is earning under a certain amount she might be eligible?
check online op? Entitled to?

NameChange30 · 02/08/2017 11:30

Never
She is probably eligible because her partner's income is low. Are they renting? As it might include some money towards rent (which would be Housing Benefit under the old system).

Neverknowing · 02/08/2017 13:12

I don't really ask anotheremma !! Presumably so, you can probably tell that I don't know a lot just trying to help 😊 the ops partner may well have a low income too?

Original poster
BigLittleRedOne · 02/08/2017 14:06

Thanks all for your suggestions.

AnotherEmma I will use the calculator to check on the tax credits.

I am baffled that this is the system - after paying my NI over the years I can claim nothing when I need it. I dont understand the rationale behind this at all - it's seemingly much harder for me to claim anything than someone who hadn't worked.

And for those asking I got some redundancy money but had debts to pay off.

OP posts:
PersianCatLady · 02/08/2017 14:12

If you haven't paid enough NI in the last two years, then you are not entitled to contributory JSA.

You can use the benefits calculator to see if you are entitled to any other help -
www.entitledto.co.uk/benefits-calculator/startcalc.aspx

What you are entitled to will depend on your DP's income as that is classed as your household income.

What sort of annual income does your DP have??

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