Universal Credit and holidays

Good morning all,

Had an enquiry today: Lady has signed on to New Style JSA and has her first interview at JCP on next Monday. However, she goes on holiday at the end of the week so won’t be able to attend. I know you can go on holiday while on UC/New style JSA, but what would they accept her not coming in till after the holiday and still pay her that period going through the usual holiday rules so close to the start of the claim? Or will they just say no and she shouldn’t have claimed until she got back?

Thank you in advice for any help/advice.

Good question!

I think it’s worth checking whether, if the interview is rescheduled, the claimant commitment can be accepted in time to backdate the claim to the initial claim date.

1. We know JSA entitlement cannot be established without acceptance of a ‘jobseeker’s agreement’ section 1(2)(b) of the Jobseeker’s Act 1995

2. Regulation 7 of the Jobseeker’s Allowance Regulations 2013 tells us that the claimant commitment is treated as being accepted on the initial claim date when it has been accepted within ‘such period after making a claim for a jobseeker’s allowance as the Secretary of State specifies’

So what period has the Secretary of State specified?

3. The guidance ADM Chapter R3: JSA claimants responsibilities - the claimant commitment refers to an initial ‘cooling off’ period of 7 days - presumably once the claimant commitment has been created - plus an extension for acceptance where a review has been requested - again, presumably after the claimant commitment has been created…

There’s nothing else to suggest that there is a limit to how far back regulation 7 applies (happy for others to point out something I’ve missed/misunderstood), so it appears to be at the discretion of the work coach.

My experience of getting a NS ESA claim backdated in this way was nightmarish - DWP assured client she could go on holiday and progress claim (and backdate it) on her return, only to close claim in her absence, fail to notify her of the decision (or provide any reasons), and refuse to change it on MR. We ended up starting a new claim whilst appealing the refusal… So you have good reason to be wary!

Thanks so much for all of this info, super useful

The JSA claim will be closed if the claimant leaves the UK for a holiday. It may actually be ” leaving Great Britain ” for a holiday. As I vaguely recollect a claimant having a JSA claim closed for holidaying in Jersey.