The Case: cl claimed IBJSA in 2006. From end Feb 2007 to end May 2007 he was employed in a part-time job (14hrs) and informed DWP. His monthly arrears of pay affected his JSA immediately. From April 2007 his wages were too high for his personal allowance and so he got no JSA. He continued to sign on for NI contributions though. When job ended he got a final pay (of arrears of wages for May 07 and 1 weeks holiday pay) which DWP took fully in to account and so did not begin payment of JSA until 1mth later.

The issue: cl's JSA has been affected for 4 months (end Feb to end June 07) yet only got 3 months of wages (end Feb to end May).

The Help Needed: I think this is unfair. Read through DWP sub. and they rely on JSA regs 1,96-99 and JSA act sec 12. to argue the period the final wages affects the claim is for 1mth from its date of payment hence for 1mth after the job ended.

However, I was looking at Sched. 6 of the Regs, particularly par 2 which allows for final wages (except the holiday pay!) to be disregarded where a client was working part-time BEFORE THE CLAIM.

In this case, IBJSA stopped being PAID in April 2007 while cl was still signining on and in the part time job.

Does the JSA claim end when there is no payment, such that when he ended the job and informed DWP it could be argued it was the start of a new claim? He did not go through the normal processes of a new claim, got no decisions that his claim had ended in April. Yet he was not getting IBJSA as his wages were too high from April onwards. (I think he would also then have to serve a 3-day waiting period again - but that is a side issue).

Does anyone have any experience or caselaw that would support (or otherwise) the use of Sched.6 for my client?

Hi Paul

Although I have not had to argue this one before I reason as follows.

The JSA claim ceased to subsist as soon as a decision was made on it (Section 8 of the SS Act 1998). When the JSA stopped the award decision should have been superseded and a no entitlement decision should have been issued. The claimant should also have been notified that to continue to get credits then he still needed to sign on.

Reg 1 (3) of the JSA Regs defines “date of claim” as “the date on which the claimant makes, or is treated as making, a claim for Jobseekers Allowance for the puroses of regulation 6 of the Claims and Payments Regulations”. The key phrase is Jobseekers Allowance and not National Insurance Credits.

So either the claimant makes a new JSA claim or is treated as having made a new claim from the day he notifies the DWP that he has ceased part time employment and thus his final monthly pay falls to be disregarded unded schedule 6(2) as you say.

Regards
Paul

Nice one Paul. Thanks.