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me and my benefits


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Thanks for the answers guys,

 

So, basically, because I've been on contribution based benefits throughout the last 48 weeks, and won't qualify for income based benefits until July, I won't qualify for benefit run on.

 

I'm going to rant now - if I'd not paid enough NI contributions in the qualifying years then I would have automatically gone onto IB benefits and would be entitled to a run on but, because I've paid in and contributed through being an employee I'm not entitled to a penny once I find myself a job!!!

 

It makes me so mad!!

 

Feebee_71

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I don't think they can use 2 qualifying statements, otherwise NOBODY would benefit.

 

It is worth asking and double checking anyway with your local office, or using the online benefits check, remember a lot of benefits criteria change this week due to the new financial year regulations coming in....

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Thanks Sillygirl,

 

I'm not due to stop receiving benefits at the moment - heard yesterday that I didn't get the job I went for last week (boo) - but want to be fully informed for when the time comes.

 

Feebee_71

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I saw my friend from the local benefits office earlier today and she said they can't 'double qualify' the rules, it is either one or the other... she said it is a common mistake people make when reading the rules and mis-interpreting them - so provided you have been on benefits for 26 weeks or more you get the run on....

 

She also said that a lot of the rules are changing from 6th April and that you need to stop worring about what might not happen and take things day to day.... worrying about what rules might apply isn't going to get you anywhere until you need to apply for the benefit.

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Thanks again Sillygirl,

 

I know it's silly to worry unnecessarily. I'm one of those people who tries to understand everything possible that could help as and when I do get a new job. I was quite hopeful that I was in the running after an interview last week but unfortunately not on this occasion so it's back to looking and trying to find new directions for me.

 

The other thing I would like just to have clarified, as per my original question, is that as I have been on contribution based benefits it appears that I'm not entitled to anything despite being on benefits for more than 26 weeks.

 

Feebee_71

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My understanding was that as long as there had been a claim for a continuous period if 26 weeks regardless of it was made up of ESA and JSA and the custiomer is moving into paid employmnent of at least 16 hours per week and the work is expected to last for a minimum of 5 weeks (most important that this box is ticked when completing form ES40 or the run on is not paid automaticall and has to be claimed from DWP and for them to then clerically notify the HB department) then the run on should be paid automatically.

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You need to notify Housing Benefit and Council Tax benefit yourself but the post above is correct.... it is any benefit JSA/ESA or a combination of both for 26 weeks or more provided the job lasts 5 or more weeks, you would also get a £100 (or £250 if you have kids) payment from the jobcentre fof finding work.

 

I know how you feel about not getting the job, I've been for a few interviews and realised that they were 'using' me so I gave it my best shot anyway and got them confused as to whether 'their' candidate was the better one!

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My understanding was that as long as there had been a claim for a continuous period if 26 weeks regardless of it was made up of ESA and JSA and the custiomer is moving into paid employmnent of at least 16 hours per week and the work is expected to last for a minimum of 5 weeks (most important that this box is ticked when completing form ES40 or the run on is not paid automaticall and has to be claimed from DWP and for them to then clerically notify the HB department) then the run on should be paid automatically.

 

Yes, and regarding the Job Grant, JSAPS prompts you "Consider Job Grant" when you close a claim if these basic conditions are met, so people really should get paid a JG if appropriate whether they ask for it or not.

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Antone you can only consider the payment of the Job Grant if the customer has actually stated that the job will last 5 weeks or more at the time of closing the claim, if it has been ticked as no then it will not be paid and if left blank then the system may pick it up after the claim has been closed after 5 weeks but more often than not this doesn't happen.

I deal with claim closures (amongst lots of other duties!) within the JCP office and often have customers call because they though they would get the JG but haven't and when the paper work is checked it is found that the box was left un ticked or ticked as no, it is passed to the actual benefits processing tean to be considered for payment, the outcome of the decision is then placed with the team leader of processing.

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My understanding was that as long as there had been a claim for a continuous period if 26 weeks regardless of it was made up of ESA and JSA and the custiomer is moving into paid employmnent of at least 16 hours per week and the work is expected to last for a minimum of 5 weeks (most important that this box is ticked when completing form ES40 or the run on is not paid automaticall and has to be claimed from DWP and for them to then clerically notify the HB department) then the run on should be paid automatically.

 

Hi Flumps,

 

Is this irespective of whether the ESA/JSA is contribution or income related?

 

From everything I've read it seems it has to be income related benefits for me to gain any benefit and continued assistance when I do find a new job.

 

Feebee_71

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Feebee_71 this link about the job grant states a period of 26 weeks of any of the listed benefits and includes a combination it does not specify that it has to be income based JSA so the job grant will be paid as long as you are entitled.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Employedorlookingforwork/DG_10018789

and checking the extended housing benefit run on it appears that it is just payment iof JSA but it does state Incopme Related ESA.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018901

there is a possibility that if you received contribution based ESA then it will be the full 26 weeks of JSA that will qualify for the HB run on.

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Please see information below from DWP guidance manual on extended payments, which states that you cannot get extended payment if you are coming off contribution based Jobseekers Allowance

 

http://www.dwp.gov.uk/docs/hbgm-c5-extended-payments.pdf

 

C5 - Extended payments

The EP (qualifying income-related benefits) Scheme

The qualifying conditions

HB Reg 72; CTB Reg 60

 

5.100 To be eligible for an EP the claimant or partner must have

1 ceased to receive a qualifying income-related benefit, ie IS, JSA(IB) or ESA(IR), because they have started work, increased their hours of work or increased their earnings, and

2 have started employment, or have increased earnings or hours of employment which is expected to last at least five weeks, and

3 been continuously in receipt of either IS, JSA or ESA(IR), or a combination of those benefits, for a period of at least 26 weeks immediately before the qualifying income-related benefit ceased

5.101 Although periods in receipt of JSA© can count towards the 26 week period, the claimant or partner must have come off one of the qualifying income-related benefits for one of the work-related reasons. A person ceasing to get JSA© for work-related reasons cannot get an EP unless they were also in receipt of a qualifying income-related benefit which ceased at the same time and for the same reasons.

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Interesting to read that the LA now cant demand a clerical HBRO form :)

 

Just to add

If a person is claiming I.S and Carers Allowance and they start full time work then they are not entitled to the JobGrant and Housing Benefit Run On as well

even though they had been on I.S for over twenty six weeks :-(

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That manual was published in 2006 and it is possible that the rules have changed. The direct.gov website doesn't mention it so there's a disparity and the webiste is likely to be more up-to-date. I don't know for sure though.

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Mikey Dabodee as long as the carer was actually receiving the IS top up the they would receive the Job Grant and the Housing Benefit run on. The links I posted state that as long as the person is moving into paid employment from receiving IS then they would satisfy the condition of entitlement to receive the payments.

 

I find it strange that the direct gov website state JSA (but does not specify if it is C or IB) I will try to check it out when I'm back at work later this week.

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I will di my best to find time to check on the Intranet guidance when I'm back, as a carer who receives IS technically satisfies the condition of entitlement by receiving IS, so is the Direct Gov infor incorrect or is there discrimination against carers? As it appears that every other client group (excluding pensioners) can qualify.

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Flumps1976 no that is incorrect,

 

Carers on Income Support do not get the Job Grant and Housing Benefit Run Ons...

 

See it everyday, I dont agree with it but unfortunately its correct

 

Can you provide link to this?

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I can't actually see anything that states that carers are excluded from the benefit extension payments. Unless they do not have the entitlement to IS top up.

 

Flumps1976

 

There is nothing in the legislation or guidance manual that prevents carers who are receiving carers allowance topped up with income suppport from entitlement to a run on, as long as they are coming off income support for work related reasons and have been in continuous receipt of income support for 26 weeks.

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we were told about this about fifteen months ago,

 

Carers

Anyone who is treated as a carer for Income Support purposes is able to claim regardless of the number of hours they work (i.e. the remunerative work restriction does not apply). For more information see Income Support rules for carers.

http://www.hlp.entitledto.co.uk/viewhelp.aspx?sid=13&helpfile=working16hrsISJSA

 

 

when a carer notifies us that they have started full time work,

we are unable to close the claim down, we have to input the hours and set a case control for the first wage slip,

when we receive this then the claim is closed as this nils the claim

 

Sometimes when working tax credit is claimed this closes the claim

The customer is not entitled to the Job Grant and HBRO.

There are links on the Intranet to confirm this.......

 

The IOW team can confirm this for you Flumps :)

Edited by MIKEY DABODEE
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Good grief the chance to speak to someone on the IOW team would be unbelievably fantastic ;) they are constantly engaged or the phone rings out whenever I try to transfer calls, always end up sending a work flow for them to make contact with the customer asap!

Will definitely look this up on the guidance for my own knowledge (don't think I don't believe you but it does seem frightlyfully unfair to exclude that particular client group).

 

It has been many years since I processed IS (pre tax credits 2003!)

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