JSA - claim denied due to maternity leave?

[BigLittleRedOne]

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?

Forgot to add -

If you don't have childcare costs and you have one child then will probably won't get CTC once your household income reaches £25,000 per year.

www.moneyadviceservice.org.uk/en/articles/child-tax-credit

Just found this online www.gov.uk/national-insurance-credits/eligibility

On maternity, paternity or adoption pay
Your situation How to get credits
You’re on Maternity Allowance You get Class 1 credits automatically

You’re on Statutory Maternity, Paternity or Adoption Pay, or Additional Statutory Paternity Pay, and you don’t earn enough to make a qualifying year
Apply for Class 1 credits. Write to: National Insurance contributions and Employers Office, HM Revenue and Customs, BX9 1AN. Include your National Insurance number and say when the credits are for and why you’re eligible

Write to them and see if you can be credited with class one contributions which would then make you eligible for JSA

According to entitled to here are the precise conditions for qualifying for cJSA. Looks like you have to have actually paid NI contributions of 26 x LEL in one of the tax years www.entitledto.co.uk/help/jobseekers-allowance

"If you are unemployed and have paid sufficient class 1 National Insurance contributions you may qualify for contribution-based Jobseeker’s Allowance (JSA).

You qualify for contributory JSA if you have made the following level of National Insurance Contributions:
in one of the last two complete tax years, have paid Class 1 (or special Class 2) contributions to the value of 26 times the lower earnings limit; and
in both of the last two complete tax years, have paid or been credited with, Class 1 (or special class 2) contributions to the value of 50 times the lower earnings limit.
The 2 tax years that are relevant are the ones that were completed before the benefit year in which your jobseeking period began. The tax year runs 6 April - 5th April. The benefit year runs from the first Sunday in January.

The lower earnings limit for the 2014/2015 tax year was £111 per week, for 2015/2016 it was £112 per week."

I don't understand why they can't base it on NI payments made over a lifetime rather than just the past few years.
I had a situation the other day where a man had worked abroad for a few years, got ill and returned to the UK. he had cancer and was denied disability benefits ( PIP) because he had not been in the UK for two out of the past three years despite having previously lived and worked here for 30+ years.
The next case was a Polish national who had moved to the UK 3 years ago and they were awarded the PIP because he had been in the Uk for two out of the past three years despite only being in the UK that long and not having worked here long term. the system is madness.

IvyWall
That link for claiming NI credits is a good find! It seems fair that you should get class 1 credits if you're on SMP (or similar).
OP if you can claim the NI credits for your maternity leave (while on SMP) I'm pretty sure that will make you eligible for contributory JSA

Thanks all. AnotherEmma I will look at the link and try to claim the credits.

Just for info, I spoke to Citizens Advice who confirmed that the 2 year period is current policy but that I could have a case for discrimination (due to maternity leave) and have given me a helpline to call. Also suggested writing to MP, to try and raise the issue as I do think it's unfair. I am all for a fair and consistent system but as Babyroobs says it completely disregards years of paying NI.

I also do not think people are generally aware that taking SMP could jeopardise your right to claim JSA. I certainly wasn't - not that I expected to have to claim it as I wasn't expecting redundancy (but who is?!)

It's because you have been taking a benefit based on NI contributions ( SMP) then immediately want to take another (CB JSA). I have had a client recently who was on SMP then became very ill during the pregnancy and wanted to go onto Contributions based ESA straight after mat leave but was declined for the same reason.

I've also been to sign in today and they couldn't tell me whether I'm eligible or not due to maternity leave and I have to wait two weeks to find out.

I tried calling the number that somebody posted below but no luck actually getting through.

Any ideas how else I'd find out?

It's because you have been taking a benefit based on NI contributions ( SMP) then immediately want to take another (CB JSA)
That makes sense actually if I am understanding you correctly.

butternut

Did you get SMP when you were on maternity leave? If so you need to claim your Class 1 NI credits as posted by Ivy above:
Apply for Class 1 credits. Write to: National Insurance contributions and Employers Office, HM Revenue and Customs, BX9 1AN. Include your National Insurance number and say when the credits are for and why you’re eligible.
www.gov.uk/national-insurance-credits/eligibility

I expect the Job Centre need to check your NI record which is why they told you to wait 2 weeks. But if you claim your NI credits in the meantime that should help.

OP - Even if you are entitled to contributory based JSA you will still have to show that you are actively seeking work.

This requirement is often quite demanding.

www.entitledto.co.uk/help/jobseekers-allowance

I know this is late but how did you get on with this, did you ever receive jsa? I had the exact scenario a few years back and it still infuriates me now. Thanks

People can claim Uc if they have a working partner - it entirely depends on their partners income , how much rent they pay etc.
For the contributions based JSA they would be looking at tax years 2015-16 and 2016-17.

sorry just seen this is a zombie thread that has been resurrected so the tax years I gave will be wrong !