JSA Sanctions and Rules

[AtomDragon]

Hi there, I am wondering what i can do in this situation...

 

I claim Joint JSA for me and my partner and we have 2 children under 5, I have recently come off a sanction where the JCP stopped all the money from the claim, from what i have just read they cant do that... is that true? My partner does not sign as shes a full time parent.

 

I am probably going to be on another sanction pretty soon as i had a "heated discussion" with my Steps to Work advisor today.

 

My partner was wondering if we could reverse the roles so to speak as she wants to work so she wants to sign and i look after the children. Would this be possible at all?

 

Thank you in advance.

 

Scott

[Mr.P]

From: https://www.whatdotheyknow.com/request/benefit_sanctions_decision_maker

 

Please could you be more specific about the sanctioning of dependant's benefits. If the benefit in a joint claim for JSA, (husband and wife), has been sanctioned but only one of the partners is the claimant and the other is a dependant, should both people lose their benefit?

 

Under Jobseeker’s Allowance (JSA) a couple must be treated as a joint claim if neither of them are responsible for a child or young person, and at least one member of the couple is aged 18 or over but under state pension age.

 

In joint claims, both members of the couple are required to meet the conditions for receiving JSA. They are both required to be available for employment, to actively seek work in each week of their claim and to enter into a Jobseeker’s Agreement. If one member of the joint claim receives a sanction, JSA will continue to be paid to the couple at a reduced rate. However if both members of a joint claim receive a sanction, JSA will not be paid to the couple for the duration of the sanction period.

 

Alternatively, if either member of a couple is responsible for a child or young person the couple do not need to be a joint claim. In these circumstances, only one member of the couple, the claimant, is required to meet the conditions for receiving JSA; the other member is a dependant. If the claimant receives a sanction, JSA will not be paid to the couple during the sanction period.

As I read the above, if you are making a joint claim and are without children, a sanction would cut your benefits to that of a single person allowance. With a joint claim where there are children under five involved, you lose the full amount - That really sucks and discriminates against those that can least afford it.

 

In answer to your last question, if your partner stands a better chance of getting work, the JCP should not be putting barriers in place to prevent you from reversing roles. If they do, refer them to the Equality Act.

Edited December 4, 2013 by Mr.P

[antone]

Should Hardship not be payable in these circumstances?

 

And there should not be a problem changing the main claimant, I wouldn't say, though I haven't personally been in this particular situation since the late 90s.

[tezza1234]

There should be nothing stopping you from being a 'full time dad' while your partner looks for work, BUT the knobcentre is a funny old lot to deal with, I only had to once, for 9 weeks, and that was bad enough.

[antone]

There should be nothing stopping you from being a 'full time dad' while your partner looks for work, BUT the knobcentre is a funny old lot to deal with, I only had to once, for 9 weeks, and that was bad enough.

 

I agree with your advice, but some of us used to (or still do) work for the, er, "knobcentre". This is not a moderator instruction, but could I request that we are polite where possible?

[tezza1234]

I agree with your advice, but some of us used to (or still do) work for the, er, "knobcentre". This is not a moderator instruction, but could I request that we are polite where possible?

 

Sorry :/ didnt mean to offend, i had read that term on this site from someone before and it made me giggle so thought id use it, won't happen again

[antone]

Sorry :/ didnt mean to offend, i had read that term on this site from someone before and it made me giggle so thought id use it, won't happen again

 

No big deal. It's just that JC staff can and do offer useful advice here. But all is well, and thanks for understanding

[osdset]

No big deal. It's just that JC staff can and do offer useful advice here. But all is well, and thanks for understanding

On the subject of JCP staff, what happened to flumps?

[antone]

On the subject of JCP staff, what happened to flumps?

 

I'm not sure, she last posted in September. I hope she hasn't given up on us, because her advice is always helpful.

[flumps1976]

Flumps is alive! I took a break sorry as I had an awful lot going on at home and work and needed some time out, also although I know the comments such as the one above is mostly meant in a joking manner I will be honest, I have to put up with 9-5 mon-frin but I don't in my own time if that makes sense?

[honeybee13]

Hello flumps, it's lovely to see you again. Thank you for letting us know.

 

I understand what you mean about what you put up with 9-5 and hope people will respect that you offer good help in your free time.

 

HB x

[flumps1976]

[Mr.P]

Flumps !!!! You're back, and have we missed you.

[antone]

Flumps is alive! I took a break sorry as I had an awful lot going on at home and work and needed some time out, also although I know the comments such as the one above is mostly meant in a joking manner I will be honest, I have to put up with 9-5 mon-frin but I don't in my own time if that makes sense?

 

WB Flumps! I know what you mean about the comments, and I try to knock them on the head where I can. But it's like throwing balloons at a tank sometimes...