Now what do I do- it's been decided DH isn't really eligible for JSA

[readytoswiggin]

Not quite sure where to start on this one, but here goes:

first mon of Jan dh was laid off. After trying to find a job elsewhere (crap time to be jobhunting in haulage/coaches, as a lot of tenders are up for renewal in march) we took the decision to claim JSA. after all the faffing about that they do we finally started recieving payments.

However, he returned from signing on today with the news that they have decided he doesn't really qualify for JSA after all and so it is going to be stopped. It all got a bit garbled, as he'd started seeing red, and hadn't taken it all in, but essentially the reason he'd been sacked (a bit of a cop out, real reason was he'd been threatening to report his employers to VOSA due to their reluctance to make vital repairs to the coaches,) wasn't acceptable, ie they think the sacking could have been avoided.

Well, what do I do now? We currently get child benefit, child tax credit (less £20 pw due to a fictitional overpayment they are trying to claw back) and the JSA. I'm already struggling to keep things together both financially and emotionally, and fear this may be the final straw, I am terrified I'll get PND again, (dd2 9days old). Does this wonderful decision of theirs mean they are going to try to make us pay it all back? and will it affect the milk tokens?

Am very and with the whole system.

I am so, so sorry to read this. What a total muckup on their behalf - I have never heard anything so ridiculous as blaming an employee for losing his job when he threatened to report illegal activity. for you both/all.

Well, I wish I knew more. Short answer is they are screwing you over but that doesn't really help. It's completely unfair but you know that.

Is there any chance he can find some kind of temporary work?

If you don't qualify for JSA I wonder if a social security grant/loan might still be in order? Did they have any suggestions about what you were supposed to do for money?

Income support must surely be applicable in any case when JSA is not qualified for?

I have had a thought, you need to get onto welfare rights.

In this area we have a benefits officer who has just helped me with a tribunal over my incapacity - and won. She is fantastic and knows how to deal with the system. You probably need to appeal the JSA decision, and they need to igve you it in writing so you can do so, with all the info necessary to do that. (ie 'what to do if you disagree with our decision').

If you ring the council and ask about benefits officers, they might be called welfare rights - if the council fob you off, ring the refuge or womens service (there will be groups etc listed in yellow pages) or the actual jobcentre.

Ask for the number of the benefits officers and get in touch, and they will know what to do.

If you can't find one locally, (it might be under county council rather than district/city) I think you will just have to appeal yourselves, and also claim IS immediately and backdate it. You'll still get milk tokens if you're on IS, don't worry.

By the way big congrats on your little one but what a crappy time for the jobcentre to turn nasty. I really, really feel for you and hope you can manage to get something sorted out.

{{{{hug}}}}

Citizens advice, if you can track them down, are also great at this type of thing.

Don't panic. It will be Ok and there's nothing you can do, it isn't your fault or your husband's, roll with it a bit, it's a stupid system but you haven't done anything wrong.

I've had PND too, not helped by my appeal which went on for 5 months but people were very supportive - your GP might refer you for some counselling or support if you are feeling low. I've been seeing someone for mine and it did help.

How awful, and the last thing you need with a new baby.

Has your DH had a chance to cool off? The most important thing is that you will not be left with nothing. If you are not entitled to JSA then you may be entitled to a lesser benefit. Your DH needs to go back and find out exactly what he is entitled to.

This website may help you too

If you have to pay anything back they usually do it by reducing future payments rather than having to pay back a lump sum. I don't know about the milk tokens, but I'm pretty certain they are safe as you are on a low enough income to qualify for them.

I hope this mess gets sorted out soon and your DH finds a new job.

And congratulations on your baby x

Here

I think they will be open Monday

Oh shit, sorry I think they only advise advisors iyswim...it would be worth ringing them to ask how to get advice though, as they might know...I'm still looking, will post if I can find anything relevant x

The Benefits Enquiry Line: 0800 882 200

I just tried to find an equivalent to my representative where you are, but not sure what they have - all I know is she was based at social services and is known as a benefits officer.

I hope that helps somehow...

There are two types of JSA, means-tested and contribution-based. You can claim the second type irrespective of other family income if you have paid sufficient NI contributions. If not, then you can claim means-tested JSA provided other family/household income doesn't put you over the limit.

If your dh is not entitled to either of these, then you should go in and claim income support as they cannot leave you with no income whatsoever. But do go and see CAB - they will have a benefits specialist who can help you.

Also, if you are in rented accommodation, get down to the council offices and claim housing benefit and council tax benefit. If you have a mortgage, put in a claim for help with housing costs. There is a 39 week wait, but you need that time to start running straight away.

Thanks meemar,flora and freckle.

I had been in contact with what I think is the equivilant of your representative through PACT following a referral by my HV. Sadly she has been on holiday for the past fortnight, but should be back in her office Mon, so I will try and contact her then.

He said they mentioned something about hardship payments, but again, knowing him, once he started seeing
it won't really have gone in one ear.

We're in a bit of a quandry. A firm he used to work for is now able to offer the occasional casual day, but that is as and when, and we're back to the original is it worth trying to claim the alternative or struggle on until april, when hopefully he can return to the security of a ft job. It's all about contracts, the job he had got lined up fell throough when the company didn't get the contract.

Fortunatly we claimed HB and CTB when we first claimed JSA so that will keep chugging along...

Hooray for OXPIP though, I self referred when I was pg as I was terrified of falling apart again, so hopefully my counsellor there can help me hold it together.

Never mind eh, what can't be changed must be endured and all that...

Right i'm not 100% sure but i think your dh keeps signing on.He will still get money for you .i.e about half the job seekers and you'll still get CTC,HB and CTB.Then after about 12 weeks it will go back up to the full amount if he has been looking for a job.HTH

Joy. He soooo loves going to sign on at the jobcentre and being treated like a f*ckwit by the person he has to sign on to.

I will endevour to send him down to see how we stand when he is no longer seeing red, but just walking into the building one smells the desperation iykwim.

Bring on the new financial year, the companies should start hireing again. [fed up and pissed off emoticon]

You say your baby is 9 days old-then you can make a claim for income support (you will make the claim as a couple but you will be the main claimer). Income support is payable for 15 weeks (or thereabouts if I recall correctly-am baby brained myself and on mat leave) after a birth if neither partner is employed or on JSA. Its the same amount your partner was getting on JSA. If he does do the odd days work this will affect your income support. Your parner can still sign for JSA credits so he can protect his NI record for futrure claims/state pension.

Call your jobcentre asap on Monday as they may not backdate to the end of your partners JSA claim so you don't want to leave it too long.

HTH

What a nightmare for you. Does he have a letter or will there be one? Any chance of a right of appeal? D

on't know about the effect on any other benefits but they can't take child benefit back off you as it's not tested on means or intentionality as others are. Do you get housing and/or Council Tax benefit? If you're not eligible for HB but you do get JSA, whoever it's through, you should be eligible for CTB, and need to try and get a claim.

Can he explain the background to the JSA people? Years ago I resigned from a job because I was being threatened & harrassed by the boss.My claim was turned down,but after I wrote an account of the conditions I'd had to work in & the harrassment,it was overturned and I was able to claim.

Good luck.

he can appeal. and as furiousgeorge says he needs to tell the jobcentre the full circumstances.

It's possible his ex employer told them he was sacked for gross misconduct (which is a reaosn for not paying jsa), in which case it may have to go to tribunal, but you should get the jsa.

get an appointment at the cab as soon as you can, and if he was in a union, get him to call them.

We have not yet recieved a letter, he was forewarned when signing on. If they are anything like hb then it will take 2weeks to arrive.

JC wrote and asked his version/full circimstances, which we sent, and I guess they also contacted skinflints (ex employers). It is possible this is what they (skinflints) have told them. The reasons given for sacking were in that direction, but he had no previous warnings, written final etc. They are a small family firm with one failed business (again, effectively shut down by VOSA for running unroadworthy vehicles), and it is more than likely that they will close ranks and bulls**t, they are that sort of people. He had decided not to appeal over the sacking on a best off out of it line, so again I don't know how that will affect everything, would that be seen as an admission of guilt?

I do plan to appeal, the bastards have already refused to back date JSA and HB/CTB both depts stating it's because we didn't claim straight away. Same as many other things these days, we're fighting against a centralised system. FFS, every form I have had to post off to them has been addressed along the lines of "oxford jobcentre plus, swindon, swindon postcode". TBH, it all makes me see and feel .

Will try CAB. his job though, I do not fancy trying to explain it all with 3 under 4's bouncing around.

I'm just fed up with all. We've both paid our taxes, a combined 25+ years worth. I thought the whole idea was so the safety net would be there when needed, not so these jobsworth arseholes could shit on us from on high. (apologies to any nice mners who have the misfortune to work alongside said jobsworth arseholes) Gosh, I must really be naive.

Not a point on your allowances but if your husband was sacked for making a protected disclosure then this is potentially whistleblowing and he would have the right to claim unfair dismissal. He needs to act quickly though since he will only have three months in which to bring his claim. he should speak to a lawyer or to Citizens advice asap.

Actually ACAS might be the best first port of call. Only use citizens advice if you really have to because the advisers there are very much generalists.

He threatened to whistleblow. Would that be along the same lines?

Thanks for the tip about ACAS, another job for him to do tomorrow.