Gathering Evidence
Obtaining information from a claimant
1. Information must be obtained by the most efficient and effective means to
minimise any delays to the claimant. If the claimant has provided the information
previously and it remains unchanged there is no need to ask for it again.
2. Any information that is requested and recorded on JSAPS or clerically must
comply with data protection principles, as it is available to the claimant under the
Data Protection Act.
3. If a JSA claim is received that:
has not been actioned, and the New Jobseekers Interview has not taken
place, contact the jobcentre;
has not been signed by the claimant, return to obtain signature.
When the claim form is received
4. When the claim is received, examine it to ensure it has been properly
completed.
5. Check:
if the claimant is exempt from the evidence requirement they are not
required to fully complete the claim form;
all the relevant questions have been answered;
there is acceptable evidence to determine the claim. If the information
remains unchanged or has been provided before the claimant does not
have to provide it again; and
it is signed;
if this relates to a claim that was previously treated as defective claim.
Claimant has not signed the claim form
6. If the claimant has not signed the claim form:
Step
Action
1
mark the claim form with a red ‘X’ either side of the claimant’s
signature box;
2
complete form JSA164, ticking the appropriate box, asking them to
sign the form;
3
send the form JSA164 and unsigned claim form to the claimant;
4
record the reasons for the return of the claim form on form A6;
5
BF the claim for 7 days to await its return.
Claimant returns the claim form
7. When the claimant returns the claim form, check it again for:
legibility;
completion; and
a valid signature.
8. If the claim form has been completed correctly, process the new/repeat claim.
9. If the claim form is signed but there are questions that have not been
answered, request the information from the claimant.
Claimant does not return the claim form
10. If the claimant does not return the claim form:
Step
Action
1
send a reminder letter, to the claimant; and
2
for system maintained claims:
access dialogue JA530: Case Controls and set a case control
for a further 7 days;
for clerically maintained claims:
BF the claim for a further 7 days.
11. If the claimant does not return the claim form after the reminder has been
sent, treat the claim as defective.
Special Customer Records
12. To ensure that the confidentiality of information held on special claimants is
maintained user access must be strictly controlled on the basis of business
requirement.
13. The capability of a user to access an account annotated as a Special
Customer Record must be restricted to a set period of time and on an event-by-
event basis. The period of time allowed should be sufficient for the effective
conduct of business, and, in any case, no longer than 4 hours. If this period of
time is inadequate, further management authorisation is necessary.
14. Before being allowed access to any Special Customer Record, users must
demonstrate to their line manager that there is a valid business reason for
accessing the information. When authorisation has been granted, the user must
only access, or use, that information for approved official purposes.
15. A user who has an official need to access information on a specific Special
Customer Record is not entitled or authorised to access information on other
Special Customer Records, regardless of whether or not they have the ability to
do so. Users should be aware that access to Special Customer Records is
monitored.
16. Further information on security matters can be found on the Departmental
Security Team’s intranet site.
Carers Allowance Special Customer Records
17. Where a claimant in receipt of Carer’s Allowance (CA) has a special customer
record marker, information about the CA claim is communicated via secure e-
mail.
18. A designated CA Special Customer Records Officer telephones the relevant
Benefit Centre (BC) to ask for details of the allocated Special Customer Records
officer, or appropriate named contact for receipt of the secure information.
19. Sensitive CA information is sent with ‘Restricted’ in the subject line of the
email.
Note: The secure information must be actioned in the same way as information
previously supplied on DO cards (DS751, DS752 and DS772) which are now
obsolete.
Verifying identity
20. It is important to verify a claimant’s and their partner’s identity every time they
claim benefit or report a change of circumstances.
21. It is the responsibility of staff to carry out the required confirmation of identity
checks to satisfy section 1 of the Social Security Administration Act 1992.
22. The officer who accepts the claim must be satisfied that the claimant is who
they say they are. This applies to both the claimant and their partner.
23. To satisfy section 1 of the Social Security Administration Act 1992, both the
claimant and their partner must provide enough information and evidence to:
confirm their and their partners National Insurance number (NINo);
enable a NINo to be traced;
enable a NINo to be applied for
24. If any of them fail, the JSA claim cannot be processed, this applies to new
and repeat claims and also to changes of circumstances when the identity of a
new partner cannot be confirmed.
25. Further details can be found in the Confirming Identity guidance.
Verifying and tracing NINo’s
26. If the claimant and/or partner does not provide a National Insurance number
(NINo) or it cannot be traced, action has to be taken by completing form DCI and
referring to the appropriate team. Further details can be found in the Confirming
Identity guidance and the Secure NINO Allocation Process (SNAP) Guide
Requesting verification of age
27. To request verification of age in cases where there is doubt about the
claimant’s statement:
Step
Action
1
for system maintained claims:
access the PERSONAL DETAILS screen JA091003 in
dialogue JA091: Maintain Claim Details;
input [RV] in the ‘Date of Birth’ field;
2 the
system:
issues a notification to the claimant; and
sets a case control for three weeks to await a reply;
3
for clerically maintained claims:
send form A164, request further information, to the claimant;
and
BF the claim for 7 days for a reply;
4
if the claimant has not provided the requested details:
send a reminder letter; and
for system maintained claims:
access dialogue JA530: Case Controls and set a case control
for two weeks to await reply;
for clerically maintained claims:
BF the claim for two weeks to await a reply;
6
if the requested details have still not been provided after the expiry
of the BF/Case Control, decide whether to disallow payment of JSA.
See, Decision Makers Guide, Volume 1, Chapter 2, claims and applications
and Volume 4, Chapter 20, JSA and IS conditions of entitlement
Jobseeker decided for the claim
28. The jobseeker is the claimant who has satisfied the entitlement conditions
and has submitted the claim form. However, further considerations are required
if the claim is from a:
couple or a member of a joint claim;
polygamous relationship;
polygamous marriage.
Claims from couples and members of a joint claim
29. A couple can decide which partner makes the claim. The partner who claims
must satisfy the normal qualifying conditions for JSA.
30. If the couple cannot reach an agreement, the New Claims Adviser should
register the claim in dialogue JA060: Register Claim/Event, and pass the claim to
the processing section for further action.
31. When the JSA claim form is received, check to confirm that the partner
agrees to the claim. If the partner agrees to gather the information required for
the new/repeat claim.
Deciding jobseeker for couple or joint claim
32. If the partner does not agree on who should be the jobseeker:
Step
Action
1
send DLJA110 to the claimant;
2
record the issue of the letter.
33. Proceed with the claim as it stands if after the issue of DLJA110
the partner agrees to the claim; or
there is no reply.
34. If the couple cannot agree, the Decision Maker must decide which partner
should make the claim.
Choosing who claims
35. The partner who makes the claim must satisfy the normal qualifying
conditions for JSA.
36. If there is a financial advantage, other than that arising from a sanction,
choose the partner who would get most JSA (IB).
37. If there is no financial advantage, consider who:
has the stronger connection with the labour market ; or
is already receiving other benefits, for example JSA, Employment Support
Allowance (ESA).
Sending the decision
38. Record the reason for the decision. There is no right of appeal.
39. If the claim is processed as it stands:
Step
Action
1
send DLJA111 addressed jointly to the claimant and partner;
2
record the issue of the letter;
3
keep a copy of the letter.
Person chosen to be the claimant has not yet claimed
40. If the person chosen to be the claimant has not yet claimed:
Step
Action
1
make a New Jobseeker Interview appointment;
2
send DLJA111 addressed jointly to the claimant and partner;
3
if the partner does not need to claim JSA, issue the appropriate
benefit claim form;
4
record the issue of the letter and the claim form, if appropriate;
5
keep a copy of the letter.
Polygamous relationships
41. A polygamous relationship is when someone lives in a husband and wife
relationship with more than one person, but is not married to any of them.
42. When a claimant has a polygamous relationship, none of the members of that
relationship can be treated as living together as husband and wife/civil partners.
43. The members of a polygamous relationship must claim as single people and
satisfy the normal conditions of entitlement for JSA.
See, Decision Makers Guide, Volume 4, Chapter 22 Membership of the
Family
Polygamous Marriages
44. A polygamous marriage is a marriage in which:
one of the parties is married to more than one person; and
the ceremony took place under the law of a country which allows
polygamy.
45. If a claimant declares more than one spouse, obtain evidence of the
marriage.
46. The requirement to be a joint claim also applies to polygamous marriages.
See, Decision Maker Guide, Volume 4, Chapter 22, Membership of the
Family
Backdating a claim and or credits
47. If a claimant asks about making a backdated claim, explain that:
JSA cannot be paid for a period more than 3 months before the Treat as
Made date;
generally JSA cannot be paid for any period abroad
, but there are
circumstances when this is possible;
excluding credits only claims, JSA can only be paid if the claimant can
show good reason for the delay;
for the period concerned the claimant must show that they were:
available for work;
capable of work;
actively seeking work.
48. Do not refuse the claimant the right to make a backdated claim even if the
application of the above conditions suggest the claim will not succeed.
49. There is no statutory time limit for a belated application for credits.
50. A person does not have to be a current claimant to make a belated
application for credits.
Backdating for share fishermen
51. If a share fisherman requests to have their JSA claim backdated when
making their initial claim, advise them of how their Benefit Week Ending (BWE)
day is allocated
. The forms required are the same for a normal backdated
request.
Forms required for a backdating request
52. When considering a backdated claim:
consider if it is requested by the claimant at the start of a Benefit Year;
consider if the claimant had previously failed to attend.
53. If an award of JSA has already been made and the period of backdating is
immediately before the date of claim, the backdated claim application must be
made on form JSA5.
54. If no award is in payment, or the application is for a period which does not
immediately precede a current claim, the backdated claim application must be
made on forms JSA1 or JSA4 (Rapid Reclaim) and JSA5.
55. If one or both members of a joint claim wish to backdate their JSA claim, each
must complete a separate JSA5, backdated claim form.
56. If a non-claimant makes a belated application for credits, they are not
required to complete form JSA5 to request backdating credits.
57. When the applicant makes a belated application for credits they must
complete:
the sections of the JSA claim form relating to JSA (C) only; or
JSA NC1 ‘Application for National Insurance Credits for Jobseekers Not
Claiming Jobseeker’s Allowance’, which is issued at the New Jobseekers
Interview.
Treat As Made dates
58. The Treat As Made (TAM) date of the claim, is the date:
of the first contact, if the claim is completed correctly and is received:
on or before the New Jobseekers Interview (NJI) and the interview is
attended by the claimant;
within one calendar month of the original contact date, where the
claimant is not required to attend;
the form is completed correctly and is received after the:
original NJI and the claimant attends the rearranged interview;
specified time limit for application.
59. The TAM date of a joint claim may differ from the date of a single or
claimant/partner claim.
Backdating claim is requested at the start of the Benefit Year
60. If a claimant asks to make a backdated claim that includes any contribution
based JSA from a date in the previous Benefit Year special action is required.
61. Take the following action:
Step
Action
1
advise the claimant to consider the effect on their entitlement to JSA
(C) if:
they wish to make a backdated claim;
the start of the period would take the claim back into the
previous Benefit Year;
2 explain:
the definition of a Benefit Year;
that the award of a backdated claim dating from a previous
Benefit Year depends on contributions paid and credited for
different Relevant Income Tax Years (RITYs);
which RITYs each claim is based on in order to find out if they
have enough contributions in the RITYs to qualify for JSA
(C);
the possible effects of linking claims, for example ESA and
periods of approved training;
anything about their claim that may affect their decision, for
example disallowances and sanctions;
3
access dialogue JA110: Notepad and record the action taken.
Backdating request after being disallowed due to Failure to
Attend
62. If a claimant whose claim has been terminated due to Fail to Attend (FTA)
subsequently attends wishing to continue their claim from the date they last
attended, a new claim is required from the date of actual attendance.
63. The claimant needs to request backdating to the day after the original claim
was closed.
64. As there has been a decision to terminate the claim as FTA, the claimant has
the right of appeal against this decision. The backdating request can be treated
as an application for revision or supersession of the termination. This only
applies when the claimant states in the backdating request:
that the termination was incorrect; or
that the claim is backdated to the day following the last day of the previous
award.
65. If the claimant wishes to continue to receive JSA they must reclaim and the
Contact Centre decide if a full or shortened gather is appropriate.
66. If the claimant’s application for backdating is disallowed they have the right to
appeal against the decision, which is treated as an appeal against the decision to
terminate the claim for FTA.
When a claim transfer is needed
67. A transfer of claim details to another office may be necessary when a user at
an office tries to either register a new claim to JSA or a change of circumstances
in dialogue JA060: Register Claim/Event and the claim record is held at another
office.
68. This may occur when:
the claimant changes address and they wish to attend a different office;
the claimant finds it convenient to attend a different office due to changes
in part-time work location or external factors such as a cheaper/faster bus
route;
the claimant’s previous claim to JSA is held at an office different to that at
which they are now claiming.
69. On JSAPS a number of offices are grouped together and are known as ‘on
the same service’, within that service each office has several jobcentres linked to
that district office. The office and its linked offices are known as the JSA Unit.
A JSA unit
70. When JSAPS requires a BDC and jobcentre office code number to be input in
a dialogue, JSAPS performs a validation check. If the office combination is not
valid, the offices are not part of the same JSA unit, and an error message
displays.
Note: Where the benefit processing office remains the same but the Jobcentre
office changes, ensure the new ESJ office number is input.
71. JSAPS checks to see if the claim is already on the current service. If not, it
finds the current location of the claim by checking CIS and transfers it in from
there. If the primary office has changed, JSAPS notifies NIRS, CIS and so on of
the change of office through electronic transactions, paper notifications and
schedules produced for the offices involved where necessary.
Transferring a JSA claim
72. Before transferring in a JSA claim consider if the claim is:
from Northern Ireland;
from Isle of Man;
a Joint claim.
73. Transfer the claim:
through JSAPS; and/or
clerically.
Requesting a transfer through JSAPS
74. When a claimant makes a claim to JSA and has a live or dormant claim held
at another office, the JSA claim must be transferred.
75. If the previous JSAPS maintained claim is not held at the current office,
request a claim transfer:
Step
Action
1
access dialogue JA030: Transfer Claim, CLAIM TRANSFER screen
JA030030 and input:
the claimant’s National Insurance number (NINO);
the check brick, that is the first three letters or their surname;,;
the office code number;
2
press [Enter] and JSAPS checks if there is a previous claim on the
same JSAPS service;
3
if no claim is found on the current service, JSAPS accesses DCI to
try and locate the office where the current claim is held.
Either:
the NINO prompt screen re-displays with an appropriate error
message if:
DCI has no record at all of the NINO;
DCI only has a record or a clerical claim;
an unexpected error is encountered;
DCI finds the office where the claim is held, JSAPS makes an
inter service access to that office. More validation is
performed and an error is reported if future validation failure
occurs;
4
if sufficient details are retrieved from DCI, the CONFIRM CLAIM
TRANSFER screen JA030031 displays giving details of the:
claimant’s name;
claimant’s address;
current Local Office;
current jobcentre;
5
if the details presented in CONFIRM CLAIM TRANSFER screen
JA030031:
do not match the details supplied by the claimant, press the
[CAN] key to cancel out of the dialogue. Confirm the details
supplied by the claimant;
do match the details supplied by the claimant proceed to
confirm the transfer.
Action to confirm the transfer
76. If the details presented in CONFIRM CLAIM TRANSFER screen JA030031 in
dialogue JA030: Transfer Claim, match the details by the claimant, to confirm
the transfer of the claim details:
Step
Action
1 input:
the importing office and jobcentre combination office
code
numbers. Always complete the office field. If the Personal
Identification Device or Smart Card is for a jobcentre,
complete the jobcentre field;
the date from which the reason for claim transfer applies, if a
change of Local Office is involved. This enables deductions
to be terminated from the correct date and relevant
notification to be issued;
2
press [End] or [F1].
JSAPS checks to confirm that the office/
jobcentre office combination conforms to the JSA Unit.
77. When the transfer details are successfully confirmed, JSAPS transfers the
claim and records to the new importing office.
78. If the importing office has not initiated the transfer process, JSAPS sets a
case control which is output on a Work Available Report JA72539 (WAR) to
advise that office of its new responsibilities.
79. When a transfer takes place, all the claim details are copied across to the
importing office.
80. The claim on the exporting office’s service is noted as having been
transferred to another office. Once this has been done, no other office may
attempt to transfer the claim in from the exporting office. If the claim transfer
process fails, the importing office should re-attempt the transfer or contact the
previous owning office to obtain the appropriate details.
81. JSAPS notifies the exporting office when the claim transfer is complete and
generates the transfer of clerical records report JA70302 that is output at the
office.
If the transfer request is unsuccessful
82. If a transfer request is unsuccessful, an entry appears on the unsuccessful
transfer report JA70303 at the exporting office. The exporting office investigate
the reasons for the failure and take the appropriate action necessary, depending
on the state of the failed transfer.
83. When the action has been cleared, the importing office re-try the transfer
request. If the action cannot be cleared, an incident must be raised with the
Advice line.
If the claim transfer is successful
84. When the JSA case details are successfully transferred into the current office
using dialogue JA030: Transfer Claim:
Step
Action
1
access the relevant SEF/CIS amendment dialogues:
PD355;
PD360;
PD365; and
PD053;
2
input or amend the claimant’s personal details;
3
amend the nominated post office details in dialogue CP650 Amend
PO/Urgent Card Request.
85. There is no action to take on SEF/CIS in the following circumstances:
transfers from Great Britain (GB) to Northern Ireland;
transfers from GB to the Isle of Man and the Channel Islands; or
claimant moves abroad.
Transferring clerical records
86. If the claimant states, or if there is any evidence on the claim form, or change
of circumstance form suggesting that a clerical claim is held at another office,
request the transfer of all clerical records.
87. To request a transfer of the JSA wallet:
Step
Action
1
complete Part 1 of form A51, Request for wallet;
2
send the completed form A51 to the office where the JSA wallet is
held;
3
record the issue of form A51 on form A6/JSA14C;
4
BF the case for receipt of records;
5
if form A51 is sent to the wrong office:
complete part 2 of form A51;
send it to the correct office;
send form A52, notice of redirection of form A51;
6
when form A52 is received:
record the receipt of form A52;
issue a reminder of form A51 to the correct office;
7
if form A51 is received marked No Trace
and JSA has been paid,
consider:
interviewing the claimant to clarify their previous statements;
a visit to the claimant;
referring the case for fraud action (see Fraud Referral Form
(FRF);
8
if form A51 is not returned:
issue a reminder A51; and
record the issue of the reminder A51 on form A6/JSA 14C.
JSA wallet received
88. When the requested JSA wallet is received:
Step
Action
1
complete the tear-off section of the form A51;
2
send the A51 tear-off to the office who transferred the records;
3
pass the JSA wallet and/or specialist sub files to the relevant
sections;
4
record the action taken on form BF2, according to local
arrangements;
5
if appropriate, use the relevant indicators to show special interest,
for example Social Fund (SF) stickers;
6
when the relevant sections receive the transferred JSA wallet,
ensure that:
all specialist action is complete, that is no payments are still in
issue;
information on the new records agrees with information on the
transferred claim. If the information is different, check with
the previous office;
all specialist sub files including SF wallets have been
forwarded by the old office.
Claimant moves from Northern Ireland to Great Britain
89. If a claimant moves to Great Britain (GB) from Northern Ireland,(NI) make
sure:
the claimant notifies the Northern Ireland social security office) of:
their move;
the date they left NI; and
their new address and post office/bank details;
the claim is not transferred to GB until any outstanding days are paid;
a change of circumstances is actioned on JSAPS promptly after NI action
is complete.
90. When the first contact is made to book a New Jobseekers Interview (NJI), tell
the claimant to return their ES40, JS40 in NI, to their previous office. If the
claimant returns it promptly, termination action should be complete before the
claim form reaches the Benefit Processing Officer.
91. Do not transfer in a NI JSA claim that is still live. Check that the NI action is
complete before actioning the change on JSAPS.
92. If the claimant is due benefit for days since arriving in GB, maintain the claim
clerically until the NI action is complete. In these circumstances the claim needs
to be processed using dialogue JA086: Build from Clerical.
93. If a claimant contacts an office in GB within 14 days of the last attendance at
a NI office then payment for any days in GB within that period are treated as
straightforward.
Jobseeker Agreements
94. Legislation allows the Jobseeker’s Agreement (JSAg) to remain in force
between the date the claimant last signed at an office in GB and attends in NI or
vice versa.
Transferring a case from Isle of Man
95. If a previous claim is held in the Isle of Man, ask for the clerical documents
using form A51 if:
the claimant has been claiming benefit from the Isle of Man Board of Social
Security;
a check of the claimant’s circumstances is required.
Transferring a Joint Claim
96. When a transfer is necessary for only one member of a joint claim the
importing office establishes:
when the joint claim ended;
where final payment for the joint claim is to be sent;
.
97. Send details of change of address and post office to the exporting office if the
nominated payee has moved.
98. The payment must be made to the person who is the nominated payee at the
time the joint claim ends.
99. The following rules govern claimants claiming JSA (IB) whose partner has a
claim to JSA (C) in their own right and do not meet joint claim criteria:
they must claim at offices within the same JSA unit to make them partners
on JSAPS. If a claimant has a partner with a claim in their own right and
they attend an office in a different JSA unit;
transfer one of the claims so that both claims are on the same service;
or
maintain one claim clerically and one on JSAPS. If the claims are
maintained within different JSA units, any changes must be notified
clerically to the other JSA unit on form JSA1C; and
they may not be transferred via dialogue JA030: Transfer Claim, until the
partnership is ended on JSAPS using dialogue JA091: Maintain Claim
Details.
Partner decides to transfer to another office
100. If one partner decides to transfer to another office, one of the claims must
be maintained clerically.
101. Either:
transfer one of the claims so they are on the one service;
maintain the claimant’s JSA (IB) claim clerically and continue to maintain
the partner’s JSA (C) claim on JSAPS; or
transfer the partner’s claim to clerical and maintain the claimant’s JSA (IB)
claim on JSAPS.
102. If the partner’s claim is dormant, the claim should still be transferred to
clerical.
How payment is made
103. The claimant is required to choose their preferred method of payment.
104. If they do not supply details of how they would like their benefit paid on
their claim form then:
send form A164, Request For Further Information, to the claimant asking
for clarification; and
105. BF the claim to await a reply.
Circumstances in which the claimant lives
106. The circumstances in which the claimant lives determine if further
information is required in order to process the new claim. Such as:
owner/part owner of their own property;
living with friends/relatives;
crown tenancy;
rented accommodation;
person without accommodation;
person of no fixed abode;
care home.
107. The claimant could also be liable for:
service charges;
ground rent.
Obtain details of mortgage or home loan
Requesting verification of mortgages or home loans
108. To verify mortgage or home loans:
Step
Action
1
issue form MI12, Request For Mortgages Details, to the claimant;
2
for system maintained claims:
access dialogue JA530: Case Controls and set a case control
for 7 days for the reply;
for clerically maintained claims:
BF the claim for 7 days for the reply.
Claimant does not provide the details requested
109. If the claimant does not provide the verification details:
Step
Action
1
issue reminder letter to the claimant;
2
for system maintained claims:
access dialogue JA530: Case Controls and set a case control
for a further 7 days;
for clerically maintained claims:
BF the claim for a further 7 days.
Claimant does not provide the details after a reminder has been sent
110. If the requested details have still not been provided, decide whether to
disallow payment of JSA.
See, Decision Makers Guide, Volume 1, Chapter 2, claims and applications
and Volume 4, Chapter 20, JSA and IS conditions of entitlement
Crown tenants
111. To verify details of a Crown tenancy:
Step
Action
1
issue form JSA164 to the claimant;
2
for system maintained claims:
access dialogue JA530: Case Controls and set a case control for 7
days for the reply;
for clerically maintained claims:
set a BF for 7 days for the reply;
for details of the information to request;
See,
Decision Makers Guide, Volume 4, Chapter 23,
normal amount payable;
3
if the claimant does not provide the details requested:
issue reminder letter;
4
for system maintained claims:
access dialogue JA530: Case Controls and set a case control for a
further 7 days;
for clerically maintained claims:
set a BF for a further 7 days.
112. If the requested details have still not been provided, decide whether to
disallow payment of JSA.
See, Decision Makers Guide, Volume 1, Chapter 2, claims and applications
and Volume 4, Chapter 20, JSA and IS conditions of entitlement
Service charges
113. Service charges are sums charged for facilities or services, for example
lighting in hallway, lift maintenance or building insurance.
Requesting verification of service charges
114. If the claimant says they pay a service charge:
Step
Action
1
issue form A164 to the claimant asking for further information on
what they pay for a service charge;
2
for system maintained claims:
access dialogue JA530: Case Controls and set a case control
for 7 days;
for clerically maintained claims:
BF the claim for 7 days.
Claimant does not provide details
115. If the claimant does not provide details of the service charges:
Step
Action
1
send reminder letter to the claimant;
2
BF the claim for a further 7 days.
Claimant does not provide the requested details after a reminder has
been sent
116. If the requested details have still not been provided, decide whether to
disallow payment of JSA.
See, Decision Makers Guide, Volume 1, Chapter 2, claims and applications
and Volume 4, Chapter 20, JSA and IS conditions of entitlement
Person Without Accommodation
117. A Person Without Accommodation is a claimant who does not have any of
the accommodation described in the definition of accommodation and is a
homeless person.
118. The Homeless Claimant’s Checklist must be completed for all homeless
claimants. The information provided on the checklist is used to decide whether
a compliance or fraud referral is necessary.
Accommodation
119. The word accommodation is not defined in the current regulations but for
Jobseekers Allowance purposes, accommodation is described as:
an effective shelter from the elements which is capable of being heated;
and in which occupants can:
sit;
lie;
cook;
eat; and
which is reasonably suited for continuous occupation.
120. The site of the accommodation may alter from day to day, but it is still
accommodation if the structure is habitable.
121. Materials that give only a small amount of protection from the elements,
do not fall within the description of accommodation such as:
cardboard boxes;
sleeping bags;
bus shelters;
park benches.
122. A motorcar, which is designed as a means of transport rather than for use
as a dwelling house or living premises, does not fall within the description of
accommodation.
Person with No Fixed Address
123. A claimant who has no permanent residential address but may have an
address where they can be contacted is regarded as a person with No Fixed
Address (NFA), for example the address may change from day to day.
124. The Homeless Claimant’s Checklist must be completed for all claimants
who do not have a permanent residential address. The information provided on
the checklist is used to decide whether a compliance or fraud referral is
necessary.
Homeless Claimant Checklist
125. Complete the following for homeless claimants.
Claims from persons: with No Fixed Address/ Without Accommodation
For office use only:
Name
NINO
ID seen
Part 1
1a
Does the claimant have an
Yes Answer the questions below
address that they normally
regard as home?
No Go to Part 2
1b
What is the address of the
place the claimant normally
regards as home?
1c
Why is the claimant no longer
at the address given at 1b
above?
1d
What was the claimant’s last
address?
1e
Why did the claimant leave
their last address?
1f
Does the claimant have an
address for post?
Part 2
2a
Where exactly did the claimant
spend the last two nights? Give
the full address or exact
location
2b
Name all of the people who are
staying or who live at this
address
2c
Name the tenant or owner of
this address
2d
Is the address:
A hostel
Yes No
Bed and breakfast
Yes No
accommodation
2e
Where does the claimant intend
to spend tonight?
2f
Where are all the claimant’s
belongings?
Part 3
3a
Does the claimant have accommodation that:
Yes No
provides shelter
can be heated
has cooking facilities
has eating facilities
has sleeping facilities
3b
What kind of accommodation is
it
Part 4
4a
What steps in the jobseeker
taking to obtain an address?
4b
Is the jobseeker registered at a
housing office or any other
organisation? If so, which one
Ground rent
126. Ground rent is payable on leasehold properties and is a rental payment for
the ground that the building is standing on.
127. Ground rent can be paid as a JSA(IB) housing cost if the property has a
long tenancy.
128. A long tenancy is when the claimant’s lease is:
granted for over twenty-one years; or
fixed by law for a term with a covenant or obligation for renewal.
Verification of ground rent
129. If the claimant is liable to pay ground rent:
Step
Action
1
ask to see a copy of the tenancy agreement to confirm if the lease is
short or long;
2 record
the
details:
on form A6;
on notepad in dialogue JA110: Notepad.
Claimant/partner has come from abroad
130. From 1 May 2004 anyone who makes a claim for an income-related
benefit is required to show that they have a Right to Reside as well as being
habitually resident in the Common Travel Area (CTA).
131. The Right to Reside test element of the new Habitual Residence Test
(HRT), applies to everyone who makes a claim for:
Income Support;
income-based Jobseeker’s Allowance;
Pension Credit;
Housing Benefit; and
Council Tax Benefit.
132. This requirement is in addition to showing that they are also habitually
resident in the CTA.
133. A claimant must show they have the right to reside before they can be
considered Habitual Resident.
Victims of Forced Marriage
134. Victims of “forced marriage” are individuals who have been removed from
the UK where they are normally resident, (or in some circumstances, who have
left the UK voluntarily e.g. for a holiday), and have been detained abroad against
their will. This means that they have been prevented from residing habitually in
the UK through no fault of their own.
135. Under these circumstances individuals do not lose their habitual residence
in the UK and are therefore viewed as being habitually resident from the outset of
their claim.
136. The Forced Marriage Unit (FMU) is a joint Foreign and Commonwealth
Office and Home Office unit which works with other government departments,
statutory agencies and voluntary organisations to develop effective policy for
tackling forced marriage. They run a public helpline that provides confidential
advice and support to victims, and to practitioners handling cases of forced
marriage. They can be contacted on 020 7008 0151 or by email at
xxx@xxx.xxx.xx.
137. Individuals who have been helped by the FMU, and who make a claim to
income based Jobseeker’s Allowance, are issued with a letter by the FMU,
confirming no loss of habitual residence throughout any period of enforced
absence from the UK. An example of the FMU assistance letter is included at
Appendix 2
138. The letter is to assist the individual in making a claim to benefit and
accommodation without further need for distress.
139. Any individual bearing this letter has not lost their habitual residence in the
UK throughout any forced absence.
140. Bearers
of
the
FMU letter are generally UK citizens or have leave to
remain in the UK. If the individual concerned is an EEA national or a Person
Subject to Immigration Control, please contact the PFA Team at
xxx.xxxxxxxxx@xxx.xxx.xxx.xx for assistance and advice.
Persons subject to immigration control
141. A Person Subject to Immigration Control is a person who is not a
European Economic Area national, and who:
requires leave to enter or remain in the UK but does not have it;
has leave subject to the condition ‘no recourse to public funds’;
is a sponsored immigrant; or
has had limited leave extended only because they have appealed a
decision to vary or refuse to vary that leave.
See, Decision Makers Guide, Volume 4 Chapter 24, Persons subject to
immigration control
Persons subject to Immigration Control entitled to normal
JSA(IB)
142. A Person subject to Immigration Control is excluded from JSA(IB) unless
they fall within one of the following categories when they can be considered for
JSA(IB) under the normal rules:
sponsored immigrants who have been in the UK for 5 years;
a national of a country which has ratified either the European Convention
on Social and Medical Assistance (ECSMA) or the Council of Europe
Social Charter (CESC) and is lawfully present in the UK.
See Refugee Guidance
See
Decision Makers Guide, Volume 4 Chapter 24, Persons subject to
immigration control
Common Travel Area
143. The following countries are referred to as the Common Travel Area (CTA):
the UK;
the Channel Islands;
the Isle of Man; and
the Republic of Ireland.
The right to reside
144. Anyone who claims JSA needs to show they have a right to reside in the
UK or other part of the CTA.
145. The right to reside is considered before habitual residence. If the claimant
does not have a Right to Reside test then the second part of the Habitual
Residence Test (HRT) is not applied and the claim is closed.
146. The claimant must complete the right to reside stencil HRT2(R) and
provide the correct documents to show that they have the right to reside.
147. The Right to Reside Test and the HRT do not apply to:
the claimant’s partner;
dependant children;
young persons who are part of the claimant’s family.
148. Further information regarding the Right to reside and the habitual
residence test can be found in the Habitual Residence Test guidance.
Evidence required for right to reside
149. Ensure that the claimant has provided the correct documents to show that
they have the right to reside.
Nationals/Citizens
Documents required
UK nationals including those
None required if they have answered
from the Channel Islands and
`Yes’ to the question ‘Are you a UK
the Isle of Man
national with a right of abode in the
UK?’.
Irish nationals (or passport
A current passport; or
holders) returning to the UK or
A certificate granting citizenship of the
coming to the UK for the first
Irish Republic.
time from the Irish Republic
Accession Eight Nationals
See HRT Guidance for details
Accession 2 Nationals
Accept one the following documents:
passport;
identify card form their home country.
They also need to provide (if held):
Worker Authorisation card.
All other European Economic
Accept one of the following documents:
Area Nationals
passport;
identify card from their home country;
residence permit.
They also need to provide:
evidence to support their economic
status.
Non EEA Nationals including
Accept one of the following documents:
European Convention on Social
passport containing immigration
and Medical Assistance
stamp granting leave or UK visa or
Nationals
UK residence permit;
home office status document
containing UK residence permit.
150. For Further information please see the Habitual Residence Test guidance
European Economic Area Nationals
151. Nationals from the following countries are referred to as European
Economic Area (EEA) 18 nationals:
Austria;
Belgium;
Denmark;
Finland;
France;
Germany;
Greece;
Iceland;
Italy;
Liechtenstein;
Luxembourg;
Netherlands;
Norway;
Portugal;
Spain;
Sweden.
152. Switzerland is not a member of the EEA but has signed an agreement
which allows its’ citizens the same freedom of movement rights as EEA
nationals.
Accession Eight Nationals
153. People from the following countries are known as Accession Eight (A8)
nationals:
Czech Republic;
Estonia;
Hungary;
Latvia;
Lithuania;
Poland;
Slovakia; and
Slovenia.
154. See the EU Rights of Residence - Habitual Residence Test guidance for
further information regarding accession eight nationals.
Accession Two Nationals
155. People from the following countries are known as Accession Two (A2)
nationals:
Bulgaria;
Romania;
Habitual Residence
156. The Habitual Residence Test is only applied to people who have a right to
reside and who have arrived or returned to live in the UK within 2 years of
claiming these benefits.
157. People who demonstrate a right to reside but who have been in the UK for
more than 2 years are not subject to the second part of the test.
158. Further information regarding the Right to reside and the habitual
residence test can be found in the Habitual Residence Test guidance.
Exemptions to the second part of the Habitual Residence test
159. The following are exempt for the Habitual Residence test (HRT):
UK Nationals who have been on holiday for a short period of time;
European Economic Area (EEA) Nationals with worker status;
Accession Eight (A8) Nationals
refugees with indefinite leave to remain;
people with exceptional leave to remain, humanitarian protection and
discretionary leave;
people from Montserrat;
people who have been deported back to the United Kingdom;
people from abroad temporarily without funds;
people who are part of the Indefinite Leave to Remain Families Project;
and
the Gateway Protection Programme (for refugees).
Biometric Residence Permits
160. From
29th February 2012 anyone applying for and granted refugee status,
humanitarian protection, discretionary leave or refugees under the Gateway
Protection Programme will be issued with a Biometric Residence Permit (BRP).
161. Applicants
who
applied before the 29th February 2012 will continue to
receive the immigration document. Those previously granted leave will still be in
possession of the relevant documentation, which can be used if they need to
submit a new claim.
European Convention on Social and Medical Assistance Nationals
162. Nationals from the following countries are referred to as European
Convention on Social and Medical Assistance (ECSMA) Nationals:
Croatia; and
Turkey.
163. ECSMA nationals, who have been given limited leave to remain not
temporary admission, have the right to reside.
164. They need to provide a passport showing their entry clearance or visa
showing their leave to remain. They are subject to the second step of the HRT.
For further information see the EU Rights of Residence - Habitual Residence
Test guidance.
Destitute Domestic Violence Concessions for Migrants
165. Individuals
who:
come to the UK; or
were granted leave to stay in the UK as the spouse or partner of:
a British Citizen or
someone settled in the UK; and
whose relationship has broken down due to domestic violence
may be given 3 months limited leave to remain in the UK by the United Kingdom
Border Agency (UKBA), pending consideration of an application for Indefinite
Leave to Remain.
166. Assess the claim as normal and:
Step
Action
1
Issue draft letter DL109a as the benefit award notice;
2
Set a case control for review action to be taken one month before
the period of limited leave expires;
167. When the date of the Case Control is reached:
1
Email UKBA using the enquiry form DDV1 to confirm the claimant’s
continuing immigration status and whether a decision has been
made about their continuing right to remain.
2
Set a further case control for one week before the period of limited
leave expires.
3
When either the second case control is reached, or a decision is
received from the UKBA:
If leave to remain is granted
clear the case controls and leave payment in issue, or
If leave to remain is not granted
print a copy of the decision, mark it as ‘Supporting’ and
refer it for filing in line with the DWP Benefits Document
and Data Retention Guide ; and
record in Notepad the decision and date it was received
and terminate the claim from the day after the final date of
the limited leave to remain in the UK quoted in the original
letter from the UKBA.
Former Gurkhas
168. Gurkhas are nationals from Nepal who are recruited to serve in the British
Army in the Brigade of Gurkhas. They remain nationals from Nepal throughout
their military service but in all other respects, they are full members of HM
Forces. Except in exceptional circumstances, Gurkhas are almost always
discharged from the British Army in Nepal.
169. To recognise their contribution to the UK, the Government announced on
30 September 2004 that all Gurkhas who were discharged from HM Forces on or
after 1 July 1997 and had completed at least four years service would be able to
apply for settlement in the UK.
170. Following a further announcement on 21 May 2009, this entitlement to
settle in the UK was extended to all former Gurkhas with at least four years
service.
Access to Income-based Jobseeker’s Allowance
171. Former Gurkhas who were granted Indefinite Leave to Enter or Remain
(ILE or ILR) and were discharged on or after 1 July 1997, are able to access
Income-based Jobseeker’s Allowance (JSA(IB)) provided they satisfy the
requirements of the Habitual Residence Test (HRT) and meet the normal
conditions of benefit entitlement.
172. Former Gurkhas who are granted ILE or ILR and were discharged before
1 July 1997 are granted this leave exceptionally outside the immigration rules.
They are therefore passported through the HRT and are able to access JSA(IB)
without the requirement of having to satisfy the full test.
173. Spouses or civil partners who have been married or in a civil partnership
for at least two years and dependents of former Gurkhas, are granted ILE or ILR
in line with the former Gurkha. Different rules apply depending when the
application for leave was made. If their application was made at the same time
as the former Gurkha, then this leave is granted outside the immigration rules.
They are exempt from the HRT. However, if they apply to join the former Gurkha
when he is already settled in the UK, this leave is granted inside the immigration
rules. In this case, they are able to access JSA(IB) whilst they remain the
partner of the former Gurkha. If they separate or divorce from the former Gurkha
and claim JSA(IB) in their own right, then they are subject to the HRT.
174. The legal widow or widower of a former Gurkha affected by the new rules
as outlined in paragraph 199, is granted the same settlement rights as the former
Gurkha (ILE or ILR outside the rules). Therefore, they have immediate access to
JSA(IB) without the requirement of satisfying the full HRT. Where there is more
than one wife, only the nominated widow or widower is granted this type leave.
175. Dependent children of deceased Gurkhas including orphans and those
that settle with the Gurkha’s widow are granted ILE or ILR outside of the rules
and are passported through the HRT thereby giving them immediate access to
JSA(IB).
Verification
176. Former Gurkhas who have been granted Indefinite Leave to Enter or
Remain in the UK need to provide the following documents to confirm their
immigration status and eligibility to access benefits:
their passport endorsed with their leave to enter or remain in the UK
their official discharge book (also known as their ‘Lal’ or ‘Red Book’)
UK residence permit
UK visa
Visa Endorsements
177. From 31 October 2009, former Gurkhas who were discharged before 1
July 1997 and who are granted Indefinite Leave to Enter or Remain, have the
following wording on their endorsements:
SETTLEMENT-AF-OTR (Settlement –
Armed Forces – Outside the Rules), which confirms that their leave has been
granted outside the immigration rules. This group are not subject to the HRT.
This is also the only category of Gurkha leave that features the ‘OTR’ wording.
178. Former Gurkhas who were discharged before 1 July 1997 and were
granted ILE or ILR before 31 October 2009 are granted leave outside the
immigration rules. However, in some cases, their passports and visas may not
be endorsed to show this. To check which type of leave was granted, you must
contact the Evidence and Enquiry Unit at UKBA by completing the form
[redacted] and emailing it to: [redacted]. Where UKBA are unable to confirm
whether the leave was granted outside the rules, you must contact the People
From Abroad Policy Team. Email enquiries to: [redacted].
179. Spouses and civil partners (CP) of former Gurkhas who are granted
Indefinite Leave to Enter or Remain have the following wording on their visa:
SETTLEMENT-SPOUSE/CP. The visa contains the name of the former Gurkha
they came here to join or accompany. However, it does not indicate whether this
leave was granted inside or outside the immigration rules. Contact UKBA to
verify the type of leave that has been granted.
180. Widows and widowers of former Gurkhas who are granted Indefinite
Leave to Enter or Remain outside the immigration rules have their visa endorsed
with:
SETTLEMENT-AF-WIDOW(ER) if it was granted after September 2009. If
their leave was granted prior to this date, the visa reads:
SETTLEMENT
TO JOIN/ACC*. As with spousal visas, this visa bears the name of the former
Gurkha they were granted leave in respect of. In most cases, this visa does not
show whether the leave was granted inside or outside the rules. To confirm the
type of leave granted, contact UKBA UKBA by completing the form [redacted]
and emailing it to: [redacted].
181. Dependent children (both under and over the age of 18) are granted
Indefinite Leave to Enter or Remain in line with the former Gurkha. However,
there is not any text on their visa to reflect that they are a family member of a
former Gurkha, nor does it show whether leave was granted inside or outside the
immigration rules.
Where Indefinite Leave to Enter or Remain is granted outside the
rules to a spouse, civil partner or a dependent, and they make a claim
for benefit in their own right, then they must provide the former
Gurkha’s documents. Gurkha Pension Scheme
182. Some former Gurkhas may have an Army pension, sometimes referred to
as GPS (Gurkha Pension Scheme). This pension income is fully taken into
account in any claim for an income-related benefit
Gurkha Chronic Condition List (GCCL)
183. The British Army and Ministry of Defence agreed in October 2005 that a
number of the Gurkhas on the GCCL should be discharged in the UK rather than
Nepal. This applies to Gurkhas who were themselves, or a member of their
dependent family present with them in the UK, either too ill or suffering a medical
condition that prevented their return to Nepal.
184. Special arrangements have been put in place by the Home Office to
process their leave to remain applications immediately following discharge from
HM Forces.
185. Twenty members of The Gurkhas on the GCCL have been discharged in
the UK in two groups of 10. Their last dates of service were 14 December 2006
and 11 January 2007 respectively.
Claimant has left full-time employment within the last 6 months
186. Use the end date provided by the claimant. If a doubt arises and
verification is required from the employer, telephone the employer and record
details on form A6.
Claimant has left part-time employment within the last 6 months
187. If the claimant and/or partner have left
part-time employment within the
last 6 months, details must be obtained from the relevant employer, for example,
details of final payments they:
received; and/or
are due to receive.
Verification of final details from employers
188. Ask the claimant to provide verification of final employment details, for
example, by written letter from their relevant employer.
189. If the claimant is unable to provide verification of final employment details:
establish and telephone their previous employer to obtain the details;
record the details on form A6; and
sign and date this entry.
190. If the employer refuses or is unable to provide the details requested by
telephone or fax:
send draft letter DLJA 750 to the claimant’s relevant employer for
completion: and
for system maintained claims: access dialogue JA530: Case Controls
and set a case control to await its return; or
for clerically maintained claims: BF the claim to await its return.
Draft Letter DLJA 750 not received
191. If DLJA 750 is not received from the claimant’s relevant employer:
Step
Action
1
send a duplicate form DLJA 750 to the last employer if appropriate;
2
for system maintained claims:
access dialogue JA530: Case Controls and set a case control
for one week to await its return;
for clerically maintained claims:
BF the claim for one week to await its return;
3
for system maintained claims:
if the form is still unreturned;
See, Decision Makers Guide, Volume 1, Chapter 2, claims and
applications and Volume 4, Chapter 20, JSA and IS conditions
of entitlement
for clerically maintained claims:
if the form is still unreturned after one week:
consider the claim;
record the decision on form JSA14C;
assess the claim.
Full time or part-time employment has ceased
192. If the claimant has finished full or part time work and is now claiming JSA,
the jobcentre:
issue form ES85 directly to the claimant’s last employer; and
complete a clerical ES85AS to control the return of form ES85.
193. The ES85 field in the PREVIOUS WORK screen JA091007 displays [C] to
show that an ES85 has been issued clerically. A JSAPS generated ES85AS is
issued.
Return To Work Credit and In Work Credit Payments
194. Return to Work Credit (RTWC) is a financial incentive that is offered to all
eligible claimants moving back to work from incapacity benefits. It is a non
taxable weekly payment of £40 paid for a maximum of 52 weeks to claimants
who work 16 hours or more a week and earn £15,000 gross or less a year.
195. In Work Credit (IWC) is a financial incentive that is offered to all eligible
lone parents moving into work. It is a non taxable weekly payment of £40 (£60 in
London) paid for a maximum of 52 weeks to claimants who work 16 paid hours or
more a week.
196. Payments are made via the Resource Management (RM) system with no
link to legacy
197. RTWC/IWC payments must be stopped if a repeat claim is made. When
they reclaim claimants are asked if they or their partner are currently receiving or
have received RTWC/IWC.
Action
198. Check Legacy notepad to see if the claimant or partner is currently
receiving or has received RTWC/IWC
199. Telephone
the
relevant
RTWC/IWC team to tell them that
the claimant or
their partner’s employment has finished and entitlement to RTWC must be
ended.
200. Note LMS conversations of action taken.
201. The RTWC/IWC team take all further action.
Part-time work
202. If a claimant says that they and/or their partner are working part-time,
check that they are not in remunerative work. JSA is not available to those
claimants in remunerative work.
203. Remunerative work is classed as working:
16 hours or more per week on average for the claimant; or
24 hours or more per week on average for the claimant’s partner, for JSA
(IB) purposes.
204. Part-time work may affect the amount of JSA the claimant, and/or their
partner receives.
205. To assess the effect of part-time work on the claimant’s and/or partner’s
claim, the claimant should have completed either:
the part-time work details on form JSA1 at the new claims stage; or
form B7/A15C if the part-time work starts during the life of the claim. See
Current Work guidance.
206. When a claimant is receiving JSA (C) only, any earnings received by their
partner from part-time work, do not affect the claimants JSA (C)
.
Verification of current part-time work
207. If the claimant is engaged in part-time, see the Current Work guidance.
Volunteering
What is a volunteer
208. See the Labour Market Conditions Guide or DMG Chapter 20,
paragraphs 20467 to 20469 for further information on what is considered
volunteering.
209. Money to refund any expenses as a direct result of volunteering are
disregarded, for example fares, meals or the cost of any specialist clothing or
equipment.
Jobseeker declares they are volunteering
210. If a customer declares that they are volunteering or undertaking charitable
work issue them with form
VOLWORK1 and tell them to take it to their jobcentre
when they attend.
211. The jobcentre check the completed form, decide whether the volunteering
prevents the jobseeker from meeting the labour market conditions and return the
form to the Benefit Centre.
212. On receiving the completed form volwork1 check the official use box to
see whether the jobcentre have identified any labour market issues. Do not
issue any locally produced forms, the volwork1 should contain enough relevant
information.
Labour Market Issues identified
213. If the jobcentre have identified a doubt, wait for their decision before taking
further action
214. If the jobcentre decide the jobseeker is no longer meeting the labour
market conditions, close the claim.
215. If the jobcentre decide the jobseeker is meeting the labour market
conditions or no labour market issues are identified, you must decide how to treat
the volunteering.
Volunteer Expenses
216. Accept the jobseeker’s statement concerning the amount of expenses
they receive or expect to receive unless it is not credible, e.g. the jobseeker
receives an excessive amount as expenses or receives money for expenses but
does not have any outgoings.
217. The volunteer should not lose money through volunteering but, at the
same time should not make a profit, e.g. generous expenses for meals or travel
must not be used as a form of payment/reward for volunteering.
218. When a volunteer declares that they have, or will, receive money to
reimburse expenses, take the following action:
Step
Action
1
ensure the expenses only relate to the volunteering
2
accept receipts, if offered. The customer does not have to
provide receipts.
3
break down the total into meals, travel, future travel,
childcare, etc as applicable
4
ask the customer for details of any amount which is over and
above that in step 3
5
refer any doubts or cases that are not straightforward to a
decision maker for a decision on how to treat the expenses.
219. If
the
jobseeker:
receives payments or rewards in addition to the refund of their actual
expenses; OR
can choose whether or not they can receive payment for their volunteering,
refer the case to a
decision maker for a decision on whether the person is in
paid work. See Decision Maker’s Guide, Volume 5, Chapter 26, Employed
Earners
Volunteering for a charity or non-profit organisation
220. Usually when people provide a service or give up their time they get paid.
However, charities and non-profit organisations are the exceptions to this as they
rely on unpaid volunteers in order to raise money for various good causes. The
activities involve can vary from serving in a charity shop to hospital visiting to
clearing land or waterways. When a jobseeker is volunteering for a charity or
non-profit organisation it is usually reasonable for him to give his time and
service for no payment.
221. If the volunteering is for a charity or non-profit organisation then as long as
there are no labour market or expenses issues identified, record details of the
volunteering in dialogue JA110 Notepad and file form volwork1JP.
222. There is no definitive list of non-profit organisations but these are usually
local organisations such as residents committees, allotment groups,
neighbourhood watch groups etc. Local Authority organisations, hospitals and
schools do not come under this heading.
223. You can check whether a charity is registered in England or Wales on the
Charity Commission website http://www.charity-commission.gov.uk and in
Scotland on the Office of the Scottish Charity Regulator website
http://www.oscr.org.uk
Volunteering for a profit-making company
224. When a jobseeker volunteers for a profit-making organisation, eg a
business, etc, do not just assume notional income because the company can
afford to pay him. You need to be sure it is reasonable for him to give his time for
no payment.
225. This depends on what the claimant is getting in return for their time, for
example they may gain experience, learn new skills, undergo training or be
given a reference that can be show to prospective employers etc.
226. You must also consider the length of time he will be providing a service for
no payment. A general rule is that the shorter the period of time involved the
more reasonable it is. See DMG Chapter 26, paragraphs 26183 to 26199 for
further guidance.
When you have doubts on how to treat the volunteering
227. If you are in any doubt refer the case to a decision maker.
Recording the decision
228. If it is established the jobseeker is a volunteer no further information is
necessary. Record details of the volunteering in dialogue JA110 Notepad and
file form volwork1JP.
229. If the decision maker has said that a short period of volunteering is
reasonable, you must complete and issue draft letter D/LJA001 to let the
jobseeker know.
230. Input details of the decision in dialogue JA110 Notepad. For example,
“Volunteering with Costco from 1.10.11 to 28.10.11 agreed. D/LJA 001 sent
5.10.11”
231. If the volunteering cannot be treated as such, record the details of the
decision in dialogue JA110 Notepad and reassess the claim.
Service Users
232. A Service User is someone who is consulted by, or on behalf of, a public
body regarding their experience of using the public service/s provided. Some
examples of public bodies are: NHS Trusts, Primary Care Trusts, Social Services
Departments, Local Authorities, patient forums, Education Trusts, Housing
Associations).
233. Service Users may also be consulted by other organisations that provide
a public service and have a statutory requirement to consult with their claimants
for example, housing organisations.
234. Involvement can include participation in focus groups, conferences and
inspections. Service users can be involved in the training of social workers. The
pattern of involvement can vary between ‘one off’, intermittent or regular events.
Service Users – participation and payment
235. Service Users may:
participate voluntarily and receive no payment,
receive expenses only for involvement on a voluntary basis,
be offered payments for their participation and in recognition of their
involvement,
be offered both payment and expenses in return for their
participation, or
be given cash or vouchers in recognition of their involvement.
Forms
236. Claimants or partners participating as Service Users who do not receive
payment (or just receive expenses or attendance costs) should complete form
VOLWORK1JP.
Forms A15C and B7 must not be issued.
237. Claimants or partners participating as Service Users who receive
payment (over and above their expenses) for their participation/ involvement
should complete forms B7 and A15C.
How Service User payments affect JSA
238. Expenses paid to a Service User are
disregarded. For example:
expenses for, or resulting from Service User involvement;
attendance costs eg, travel or childcare costs or the costs of a
replacement carer;
the cost of a carer, support worker or personal assistant if the
service user is a disabled person and needs support to prepare for,
travel to and from the event and to participate in the event.
Payment for participation or recognition of involvement
239. Any payment other than expenses (including vouchers received as
payment), should be
taken into account as earnings.
240. See Assessing Previous and Current work for instructions on how to take
earnings into account.
241. Note: If a claimant receives JSA(C), any payments received by their
partner for participation/ involvement do not affect the claimant’s payment.
Vouchers received as a one off gift
242. Vouchers received as a one off gift and not intended to replace payment
for participation/ involvement, are treated as income in kind and
disregarded. A
statement can be taken from the claimant on form A5/ES589.No further
verification is required.
Notional Income for Service Users
243. Notional Income rules
do not apply to Service Users. Do not refer cases
for a decision on notional income.
Recording Service User activity – no payment for participation/
involvement
244. When it has been established that the claimant is a volunteer, Jobcentre
staff carry out any necessary labour market conditionality checks (see LMCG for
more information), and then send a copy of the VOLWORK1JP to the Benefit
Centre.
Updating JSAPS
245. For system maintained claims:
Step
Action
1
in dialogue JA110: Notepad and on form A6 record the Service
User details, including any disregarded expenses;
2
file the form VOLWORK1JP. No further action
Clerical Records
246. For clerical records:
Step
Action
1
Record details of the Service User participation, including any
disregarded expenses on form A6. Take no further action.
Recording Service User Activity – Payment for participation or
involvement received
247. When a claimant declares that they or their partner are receiving payment
for participation/ involvement (over and above their expenses), ask them to
complete forms A15C and a B7.
248. If the activity starts after the initial claim stage, ensure action has been
taken in the Jobcentre to check that the claimant satisfies Labour Market
Conditionality.
249. Jobcentre staff register a change of circumstances in dialogue JA060:
Register Claim/Event and pass any forms to the Benefit Centre. .
Updating JSAPS
250. For system maintained claims:
Step
Action
1
access the CURRENT WORK screen JA091006 in dialogue
JA091: Maintain Claim Details and input Service User Activity
details;
2
in dialogue JA110: Notepad and on form A6, record details of:
• the amount of payment for participation/ involvement,
• any disregarded expenses; and
• the hours and frequency of participation/ involvement
Clerical Records
251. For clerical records:
Step
Action
1
issue form A15C to the claimant; and
BF the case to await the reply;
2
on form A6 record details of:
• the amount of payment for involvement,
• any disregarded expenses; and
• the hours and frequency of participation/ involvement
3
take further action if the claimant does not reply to A15C.
Assessing payment for Service User Activity
252. For information about inputting and assessing part-time earnings see the
Current Work guidance.
Temporary Stopped claims
253. Further information for TS claims is available in the Temporary Stopped
Claims Guidance.
Trade Disputes
254. Claimants are not entitled to JSA for any week in which they:
are not employed because of a stoppage of work caused by a Trade
Dispute (TD) at their place of work; or
withdraw their labour to help further a TD.
255. A joint-claim couple are not entitled to a joint claim JSA for any week in
which:
both members of that couple are not employed because of a stoppage of
work caused by a TD at their place, or places, of work; or
each member withdraws their labour to help further a TD.
256. However where only one member of a joint-claim couple is affected they
may still be entitled to joint claim JSA.
Exceptions
257. The TD provisions do not apply if claimants can show that during the
stoppage of work they:
start work somewhere else; or
have been made redundant; or
have returned to work for their employer but have then left for reasons
other than the TD; or
are not directly interested in the dispute.
See, Decision Makers Guide, Volume 6, Chapter 32, Trade Disputes
Verifying Trade Dispute cases
258. If a new/repeat claim to JSA or a change of circumstances on an existing
JSA claim involves a Trade Dispute (TD), the claimant must complete form
B71D.
259. When a JSA claim is received with form B71D attached, refer the case to
the designated regional team to decide entitlement to JSA.
260. If a TD case is identified and form B71D is not attached:
complete and send form B71D to the claimant; and
refer the case to a JSA nominated officer once form B71D has been
returned.
See, Decision Makers Guide, Volume 6, Chapter 32, Trade Disputes
Self employed earners
261. A self employed earner:
works for themselves, rather than someone else or a company;
is gainfully employed in Great Britain other than as an employed earner;
and
provides a service for a client as a sole trader or in partnership with
another person.
262. They are also responsible to the full extent of their assets for the debts of
the business and are entitled to all profits or a share of the profits if in
partnership.
Obtaining verification from a self employed earner
263. The claimant should have completed:
the details on form JSA1;
form B16 if the claimant/partner:
continues to be self employed;
has temporarily ceased self employment;
is no longer self employed; or
is a company director.
264. If form B16 is not issued with form JSA1 and it is later realised the
claimant or partner is or was self employed, the office may, depending on local
arrangements:
issue form B16; or
pass the claim for interview/visit/new claim activity.
265. When form B16 is received, if there is not enough information to establish
the value of any remaining assets:
obtain information by post; or
interview the claimant.
266. If the claimant needs to be interviewed about self employment, make
arrangements using:
the telephone; or
form A165.
267. Ask the claimant to have documents available at the interview showing
details of:
gross income and expenses from the business; and
business assets and debts.
Using form A165
268. If form A165 is used, list examples of the documents needed; for example:
business assets and debts or latest accounts;
sales and purchase ledgers;
shares held in the company;
petty cash books.
269. If none of the above are available, ask the claimant for:
business bank statements;
details of any debts and debtors;
details of any loans and overdrafts;
details of any income and receipts for expenses.
Creditor insurance payments
270. Insurance is available that covers people against being unable to meet a
debt repayment/policy premium while they are not working.
271. For a monthly insurance premium, the insurer covers the repayment and
often the monthly insurance premium for a specified period if the policy holder is
not working due to:
sickness; or
unemployment.
272. Payments received on such policies are called creditor insurance
payments.
273. Creditor insurance payments are disregarded provided the payment
received does not exceed the amount, calculated on a weekly basis, used for:
the repayment of the debt; and
any associated insurance premium.
Claimant/partner receiving creditor insurance payment(s)
274. If
the
claimant/partner states that they are getting creditor insurance
payment(s), obtain full details of the payment(s) by sending the claimant a copy
of the creditor insurance payments letter.
Occupational/personal pensions
275. Take the following action when a claimant declares that they and/or their
partner, receive:
an occupational pension:
these are payments made to a person or their widow/widower by a
previous employer(s) following the end of employment:
they are normally paid monthly from the employer’s pension fund
scheme;
a personal pension:
these are usually based on contributions made directly by the claimant;
periodic redundancy payments:
these are payments made to employees who leave employment through
voluntary/compulsory severance schemes:
treat these payments as occupational pensions for JSA purposes.
276. Some employers pay an annual compensation payment (ACP) to
employees leaving employment under severance schemes. Treat these
payments as occupational pension payments.
277. Pensions affect JSA from the first day of the benefit week in which the
payment is made.
278. Notification
that
the
claimant and/or their dependant partner is receiving a
pension can be obtained by:
an entry on the JSA claim form JSA1 of JSA4(RR);
a later declaration by the claimant;
notification from a third party, for example the Local Authority.
279. If the claimant’s partner receives the pension and the claimant receives or
makes a claim to JSA (C) only, there is no effect on the claim.
280. If the partner receives the pension and the claimant receives or makes a
claim to JSA (IB), this affects the amount of JSA (IB) payable.
Obtaining verification of the pension details
281. If the claimant declares that they and/or their dependant partner receive a
pension, make sure that the claimant supplies all the relevant information relating
to the source, amount and the method and frequency of the payment.
282. This can be verified by:
a letter of entitlement from the employer or insurance company who pays
the pension;
wage slips or P60s;
bank statements;
sending form JSA81 to the claimant to obtain details of a personal pension.
283. However the process is different if the claimant states they are in receipt
of/or have claimed one of the following:
Redundant Miners Payment Scheme;
Iron and Steel Re-Adaption Benefits Scheme;
Rover Group Employee;
Employers Annual Compensation Payment.
Personal and occupational pension not confirmed
284. If the claimant has not supplied details of their occupational pension on a
new claim:
Step
Action
1
for system maintained claims:
JSAPS issues notification JA61000 for any further reviews in
response to a user set review date on the
OCCUPATIONAL/PERSONAL PENSION DETIALS screen
JA091008 in dialogue JA091: Maintain Claim Details;
2
for clerically maintained claims:
send form A164, Request for further information, to the
claimant asking for verification; and
BF the claim for 7 days for reply.
Insufficient information received about the pension
285. If insufficient information has been received about the pension, find out if it
is because the claimant:
can not provide the information; or
has not provided the information.
286. If there is insufficient information about the pension, try to obtain the
information from the claimant:
in writing;
by telephone.
287. Use form BF222 if to contact the third party who pays the pension if
necessary.
288. Send form A42 to the claimant, to obtain their approval to contact them.
Do not contact the third party who pays the pension if the claimant is in receipt of
a:
Public Service Pension paid by the Paymaster General’s Office, ask the
claimant for the:
detachable information page from the back of their pension order book;
or
advice note which shows the annual pension rate if the claimant is not
paid weekly;
Post Office Pensions paid by the PO Pension section. If there is any doubt
about the amount of pension, ask the claimant for the advice note issued
with each payment.
Claimant cannot provide verification of their pension
289. If the claimant cannot provide verification of their occupational/personal
pension, send form BF222 to the persons responsible for paying the
occupational/ personal pension.
Claimant does not provide details of their occupational/personal
pensions
290. If the claimant fails to provide the requested details:
Step
Action
1
for system maintained claims:
issue a clerical reminder letter to the claimant; and
set out a case control to await a reply;
for clerically maintained claims:
send a reminder letter to the claimant; and
BF the claim to await a reply;
2
if the requested details have still not been provided, decided
whether to disallow payment of JSA.
See, Decision Makers Guide, Volume 1, Chapter 2, claims and applications
and Volume 4, Chapter 20, JSA and IS conditions of entitlement
Redundant Miners Payment Scheme
291. If Redundant Miners Payment Scheme has been claimed but not yet
awarded:
Step
Action
1
issue form RMS2 to:
British Coal;
2
for system maintained claims:
access dialogue JA530: Case Controls and set a four week
case control to await a reply;
for clerically maintained claims:
BF the claim for four weeks to await a reply;
3
if a reply is not received after four weeks, issue another form RMS2
to British Coal, annotated in red ‘duplicate form’;
4
for system maintained claims:
access dialogue JA530: Case Controls and set a further four
week case control to await a reply;
for clerically maintained claims:
BF the claim for a further four weeks to await a reply.
Iron and Steel Re-Adaption Benefits Scheme
292. When the claimant claims JSA, and states that they are part of the Iron
and Steel Re-Adaption Benefits Scheme (ISERBS) they should bring form SR3
or form SR7 to show that they are eligible for redundant steelworker benefits.
293. File these forms in the JSA Wallet as they may be used later if the
Department of Trade and Industry needs to be informed of any changes, such
as:
periods of unemployment;
the rate of JSA;
the date JSA payment begins and ends;
any reasons why JSA is not payable;
periods of approved training;
any other information affecting payment or assisting the department of
trade and industry in answering queries.
294. If ISERBS benefits have been claimed but not paid, or payment has not
been verified:
Step
Action
1
send draft letter DLJS151 to the Department for Business,
Enterprise and Regulatory Reform
2
for system maintained claims:
access dialogue JA530: Case Controls and set a case control to
await a reply; or
3
for clerically maintained claims:
BF the claim to for 7 days for reply.
Rover Group employee
295. If the claimant states on the claim form that they are a former employee,
aged over 55 but do not receive a Rover Group pension:
Step
Action
1
send form JSA81 to the claimant, requesting details of the possible
pension;
2
for system maintained claims:
access dialogue JA530: Case Controls and set a case control
to await a reply; or
for clerically maintained claims:
BF the claim to await a reply;
3
if a reply is not received from the claimant within four weeks, issue
another form JSA81 to them, annotated in red ‘Duplicate form’;
4
for system maintained claims:
access dialogue JA530: Case Controls and set a 4 week case
control to await a reply; or
for clerically maintained claims:
BF the claim for 7 days for reply.
Employers who may make annual compensation payments
296. Ask claimants who have worked for one of the following employers to
complete form JSA81 and return it as soon as possible to:
Royal Mail;
Property Service Agency;
Ministry of Defence (civilian employees only);
any other public service employer/civil service department known to have
operated Voluntary Early Retirement (VER) or CSS.
Confirmation of expected week of confinement
297. If the claimant or partner is pregnant they may only want to satisfy the
labour market conditions up to and including the 11 weeks before the expected
week of confinement (EWC).
298. They can, if the want and can satisfy the labour market conditions, remain
on JSA up until the day before the baby is born. When to stop claiming JSA is the
claimant and/or partners decision. They must not be advised to claim Income
Support from 11 weeks before the EWC
Verification of expected date of confinement
Ask the claimant to produce a MATB1. The healthcare
professional issues this 20 weeks before the EWC.. Verifying a
period of detention in custody
299. When working out the period for which a person is detained in custody
count the day on which the detention starts, do not count
the day of release from
detention as a day on which the person is detained in custody.
300. A member of the prison staff completes a B79, the details contained on
the B79 form are basic personal details, and an official prison stamp on the form.
The amount of any discharge grant paid to the claimant if any, the date of
discharge and a signature of a member of the prison staff.
301. All details can be verified by either phoning or faxing the prison to confirm
that the information held on the B79 is accurate.
Discharge grant as verification of a prisoner’s release
302. Prison authorities can give prisoners a discharge grant, that is, a sum of
money paid on leaving prison to assist with living costs, before the prisoner
claims benefit.
303. If the claimant has been on remand they should have discharge papers
with the name of the prison and their release date, if not ask them for the name
of the prison.
Verification of jury service
304. If a claimant has been on jury service ask the claimant to provide a
certificate of loss of earnings/National Insurance benefits.
Claimant declares a social security benefit
305. If the claimant declares a social security benefit, verify it by:
accessing the Common Update and Enquiry Dialogue (CUED) or other
benefit systems;
telephoning the relevant awarding office;
normal prevention of duplication of payment/combined payment
procedures. Do this by requesting confirmation from the appropriate
awarding office and either:
set a case control for two weeks, to await a reply; or
BF the claim for two weeks, to await a reply.
306. Use the most cost effective means available to obtain verification, for
example if there is doubt about a claimant’s statement regarding a social security
benefit, check by using CUED when available, or contact the awarding office
rather than writing to the claimant.
307. If verification is requested from a member of a joint claim, either member
can supply the information required.
308. JSAPS displays details of any social security benefits, which were in
payment at the end of any previous claim. However check the:
OTHER BENEFITS screen JA091020 in dialogue JA091: Maintain Claim
Details; or
CUED to determine if the amount of benefit has changed since the last
claim.
If an adjusted amount of social security benefit is in payment
309. If an adjusted amount of benefit is in payment due to an overpayment or
deductions, check the reason for the adjustment and obtain the full, unadjusted
rate of benefit from the awarding office.
Contacting appropriate office to verify benefits
310. This list is for the most commonly used benefits but please note this is not
exhaustive.
Social Security Benefit
Relevant office to verify benefit
Bereavement Allowance
If verification cannot be obtained via Common
Bereavement Payment
Update Enquiry Dialogue (CUED) contact the
Incapacity Benefit
office concerned. The contact details for the
Incapacity Benefit for Youth
appropriate office are available via the intranet.
Income Support
Jobseekers Allowance
Employment Support
Allowance (ESA)
Maternity Allowance
Severe Disablement
Allowance
Widowed Parents Allowance
Widows Benefit
Pension Credit
If verification cannot be obtained via CUED
State Pension
contact the appropriate Pension centre.
Address details are held on the Pension service
website via the intranet.
Industrial Injuries
These are processed at centralised industrial
Disablement Benefit
injuries units throughout the country.
Industrial Injuries Death
Verification is required as this is fully taken into
Benefit
account for a claim to JSA (IB).
Reduced Earnings
Allowance
Attendance Allowance (AA)
If the award cannot be confirmed via CUED
Disability Living Allowance
contact DLA/AA at:
(DLA)
DLA, Government Buildings, Warbreck
Motability
House, Warbreck Hill, Blackpool, FY2
0UZ;
telephone 0845 7123456
textphone 0845 7224433.
Statutory Adoption Pay
To verify the payment of these, follow the current
Statutory Maternity Pay
guidance on verifying part-time earnings.
Statutory Sick Pay
Statutory Paternity Pay
Carers Allowance
This is administered centrally, to obtain
verification send a minute to:
Carers Allowance, Palatine house, Preston,
PR1 1HB;
telephone 0845 6084321
textphone 0845 6045312.
Child Benefit
Verification required from HMRC.
Guardians Allowance
War Disablement Pension
If the claimant claims:
War Widows Pension
JSA (C), War Disablement Allowance is
disregarded;
JSA (IB), verification is required as War
Disablement Allowance is partially
disregarded.
Verification can be obtained by:
writing to the Veterans Agency, Norcross,
Blackpool, FY5 3WP;
contacting the Freephone Helpline on
0800 169 22 77 or on text phone on 0800
169 34 58
Telephone lines are open:
8.15am to 5.15pm Monday to Thursday;
8.15am to 4.30pm Friday.
Employment Rehabilitation
This is administered by the jobcentre. For
Allowance
verification contact the appropriate jobcentre
office. Office address details can be obtained via
the intranet.
Vaccine Damage Payments
For the purposes of JSA (IB) this can be
disregarded during the lifetime of the vaccinated
person if it is held in a trust fund. Although
payments which are made from the trust to or for
the vaccinated person may be taken into account.
for verification contact:
Vaccine Damage Payments Unit, Palatine
House, Lancaster Road, Preston, PR1
IHB;
telephone 01772 899944.
Claimant ends training
311. The action to take for a claimant who ends a period of training depends
upon whether the Training Allowance they received was based on JSA(IB) or
JSA(C).
312. For further information, see the Allowance Payments guidance
Education and/or courses of study
313. Education and courses of study fall within the following categories:
Relevant
Education
Full-time Advanced Education
Part-time
courses
For further information and definitions see, Decision Makers Guide, Chapter 30,
Students, young claimants and their partners - paras 30023 onwards.
314. To determine the effect a course of study has on a claim to JSA, it is
important to establish the type of education or course of study a person is
undertaking. For further information, please see the effect of education and/ or
courses of study on claims to JSA guidance.
Confirmation of the claimant’s education course
315. To confirm the education ask the claimant to provide the required
information from one of the following:
eligibility or financial notification issued by the Local Education Authority;
completed Learning Agreement from the establishment.
316. This information can be obtained from the claimant over the telephone or
during face to face contact. If the claimant cannot provide complete and accurate
information ask them to provide either of these forms.
317. Alternatively, ask the claimant to complete form ST1.
The effect of education and/ or courses of study on claims to JSA
Relevant Education
318. Relevant Education is a course at ‘A level’ standard or below. A person is
treated as being in relevant education and a qualifying young person (QYP)
for Child Benefit (ChB) purposes, if they are:
in full time non-advanced education or approved training (up to the
appropriate ChB terminal date; and
aged between 16 -18 years inclusive; or
aged 19, and the education or course started before their 19th birthday.
A person is
not in Relevant Education if they attend for less than 12 hours per
week.
319. Claimants who reach the age of 20 whilst still in relevant education, or
before the terminal date is reached, are not treated as receiving relevant
education. They may be considered to be a student.
Ending Relevant Education
320. Claimants aged over 18 and under 20 who have left Relevant Education
(F/T non-advanced education), are deemed to be in Relevant Education and
not entitled to claim JSA until after they reach their next ChB terminal date.
321. For claimants aged 16 and 17, see JSA for 16/17 year olds guidance.
Child Benefit Terminal dates
322. There are four ChB terminal dates:
The last day in February;
31
May;
31 August; and
30
November.
Child Benefit Terminal dates in Scotland
323. In the case of a person in
Scotland who
(a) undertakes the Higher Certificate or Advanced Higher Certificate
immediately before ceasing relevant education, and
(b) ceases relevant education on a date earlier than they would have done
had they taken the comparable examination in England and Wales,
the terminal date is calculated by reference to the date that applies had they
taken the examination in England or Wales.
Claiming JSA after the ChB terminal date
324. ChB is paid up to the Sunday following the next terminal date. A claim to
JSA for an 18-19 year old relevant education leaver is therefore not
appropriate until the Monday after the terminal date.
325. There is no requirement to consider the Child Benefit Extension period for
18 and 19 year old claimants, as a ChB extension is only payable up to the
day before a persons eighteenth birthday.
Note: Parents who are existing claimants
cannot relinquish entitlement to ChB
for a qualifying young person who still lives with them, in order to help that young
person qualify for JSA in their own right. ChB must continue until the fixed
terminal date after the young person left relevant education.
Full-time Advanced Education
326. A student in full-time advanced education
cannot usually claim JSA for
the duration of their course, including vacations. For exceptions to this rule
see Full-time Students entitled to Jobseeker’s Allowance.
Note: Sandwich Courses also fall under the definition of ‘full-time advanced
education’.
327. Please see the LMCG for further information about Labour Market
Conditionality and full-time study.
Full-time students entitled to Jobseeker’s Allowance
328. Full-time students may be entitled to JSA if they are:
on
their
summer vacation and are available for work (or treated as
available for work) and are either:
single and responsible for a child; or
part of a couple where both are full-time students and either one or
both is responsible for a child; or
on
an
employment related course, where participation has been
approved by DWP before the course started, for a maximum of two weeks
and for one course in any twelve month period; or
attending
a
programme provided by the Venture Trust (in Scotland)
under an agreement made by the Secretary of State for the Home
Department, for a maximum of four weeks and for one programme in any
twelve month period; or
waiting to go back to a course, having
taken approved time out because
of an illness or caring responsibility that has now come to an end.
329. Students receive income from various sources which must be taken into
account. See Types of student income, for information on student income
and disregards.
Term end dates
330. To establish the date a claimant can make a claim to JSA after leaving
their course of Full-time Advanced Education, see University term end date
guidance.
Part-time courses of study
331. Certain claimants who are studying but are not in relevant education or
attending a full time course are classed as part-time students. (For definition
of a full-time course of study see DMG 30037 onwards). To qualify for JSA,
part-time students must meet labour market conditionality whilst undertaking
their course.
332. See LMCG for further information about Labour Market Conditionality and
part-time study.
Non-dependants in household
333. Non- dependants are people aged 18 or over who normally reside with the
claimant. If there is not enough information to decide if there is a non-dependant
in the household, take the following action:
Step
Action
1
for system maintained claims:
send draft letter DLJA104 to the claimant with non-
dependant in household; and
access dialogue JA530: Case Controls and set a case
control to await the reply;
for clerically maintained claims:
send draft letter DLJA104 to the claimant with non-
dependant in household; and
BF the claim to for 7 days for reply;
2
if claimant does not provide details of non dependant:
for system maintained claims:
send reminder letter to the claimant; and
access dialogue JA530: Case Controls and set a case
control to await a reply;
for clerically maintained claims:
send reminder letter to the claimant; and
BF the claim to await a reply;
3
if the requested details have still not been provided, decide
whether to disallow payments of JSA.
See, Decision Makers Guide, Volume 1, Chapter 2, claims and applications
and Volume 4, Chapter 20, JSA and IS conditions of entitlement
If the non-dependant is in full time education
334. If the non-dependant is in full time education and is not a close relative,
contact the claimant and ask:
if the student pays a commercial charge for accommodation; and
if cooked or prepared meals are included in the charge.
335. If the non-dependant satisfies the above conditions, treat:
them as a boarder; and
their board payments as income.
See, Decision Maker’s Guide, Volume 5, Chapter 25, general rules on
income
Students
336. If the student states they received one of the following:
loan;
grant;
bursary.
337. Ask
them
to provide the required information from for a copy of the award
notification from the relevant authority. This information can be obtained from the
claimant over the telephone or during face to face contact. If the claimant cannot provide
complete and accurate information ask them to provide a copy of the agreement.
If they have not got a copy instruct them to contact the local education
authority or whoever authorised the payment and ask for a copy of the
agreement.
Circumstances prior to claiming
338. It should be apparent from the information provided on the claim form
what the claimant and/or partner was doing prior to claiming that is previously
working, or in receipt of another income.
339. If it is not clear from the details provided on the claim form consider if a
Customer Compliance referral is appropriate, if not;
send form JSA164 asking the claimant to give details and provide
verification to show how they have supported themselves financially prior
to making the claim; and
set case control/clerical BF for receipt.
Claimant is temporarily unavailable due to sickness
340. A claimant who is temporarily sick has the option to:
remain on JSA for a period of up to two weeks twice in any jobseeking
period (JSP) or if a JSP exceeds 12 months each successive 12 months
(the first 12 months begins on the first day of the JSP); or
claim Incapacity Benefit/Income Support immediately (Linking claims
only), or
claim ESA .
341. If the period of sickness links with a previous claim to Statutory Sick Pay,
they cannot remain on JSA unless they are a member of a joint claim and are
granted an exemption.
342. Confirmation of sickness can be obtained from the claimant on:
medical certificates issued by the healthcare professional or hospital:
Med3/Fit note;
Med10; or
using form JSA28 for periods of sickness up to 14 days.
343. If the claimant or partner is registered blind they could be entitled to
additional premiums on their JSA (IB) claim.
344. To verify that the claimant or partner is registered blind request a verified
copy of the blind registration certificate.
Notification of admission to hospital
345. Notification
that
the
claimant/partner has been admitted to hospital can be
obtained from:
the information on the claimants claim form; or
on medical certificate form MED10 or form BR409.
346. Most hospitals complete form BR409 when patients are admitted. It gives
details:
of the patient:
when admitted;
some benefit details;
of the patient's permission for the hospital to notify the Department for
Work And Pensions of their admission.
Reserve forces
347. The reserve forces are:
Royal Fleet Reserve;
Royal Naval Reserve;
Royal Marines Reserve;
Army Reserve;
Territorial Army;
Royal Air Force Reserve;
Royal Auxiliary Air Force;
The Royal Irish Regiment.
348. Territorial Army members and other reservists may be required to:
attend regular drill nights;
attend an annual training camp;
take part in other training activities; or
be called up to active duty.
349. Any training other than the annual camp is voluntary. This includes
attendance at annual cadet camps organised by the Air Training Corps, Army
Cadet Force and Sea Cadet Corps.
350. Territorial Army members who are called up to active duty are not treated
as being in remunerative work while they are serving.
351. For details of the treatment of payments, see Current Work.
Creditor insurance payments letter
Jobseeker’s Allowance ________________________________________________________________
Our telephone number is
_______________________________
Our textphone number is
_______________________________
Your reference number is
_______________________________
CREDITOR INSURANCE PAYMENTS Dear
On your Jobseeker’s Allowance claim form you told us that you or your partner
have an insurance policy which is making payments on your loan/ hire purchase/
credit card repayments.
We need some more information about this so that we can work out how much
Jobseeker’s Allowance you will get.
What to do now
Please fill in the enclosed sheet and send it back to us in the prepaid envelope
provided. Please send us any letters that you have received from your insurance
company, which gives details of the payments.
If you want to know more If you want more information about anything in this letter, please get in touch with
us. Our phone number and address are at the top of this letter.
Yours sincerely
for Manager
Jobseeker’s Allowance
CREDITOR INSURANCE PAYMENTS (REPLY)
___________________________________________________________
_____
Name:_______________________________ ____
National insurance number:
_________________________________________
Your reply
Do you have more than one credit arrangement?
No
Yes
If you receive more than one insurance payment, please answer the following
questions for each arrangement you have. If there is not enough space on this
form please continue on a separate sheet.
________________________________________________________________
Which insurance company is each
_______________________________
policy with?
_______________________________
_______________________________
What is the reference number for each
_______________________________
policy you have?
_______________________________
_______________________________
What is their
________________________ ________________________
address?
________________________ ________________________
________________________ ________________________
________________________ ________________________
________________________________________________________________
Jobseeker’s Allowance
CREDITOR INSURANCE PAYMENTS (REPLY) continued
________________________________________________________________
When did you get your first payment
……./……./…….
from them?
If you have not had a payment yet,
please tell us:
When you expect to get the first
payment?
How much was the first payment?
£…………..
What period did the first payment
From……./……./…….
cover?
to……./……./…….
How much are the payments now?
£………..
When will the payments stop?
.……/….…/….…
________________________________________________________________
Is the payment made direct to your credit company?
No
Yes
How much of the payment is used for repaying the loan? £……………..
Please send us proof of your loan repayments. For example, a payment
book, bank/ building society statement or credit agreement. Please send
the original documents, not photocopies. We will send these back to you.
________________________________________________________________
What is the remainder (if any)
_______________________________
of the money used for?
_______________________________
_______________________________
_______________________________
________________________________________________________________
Jobseeker’s Allowance
CREDITOR INSURANCE PAYMENTS (REPLY) continued
________________________________________________________________
Are you still paying a premium to protect your loan?
No
Yes
How much do you pay?
£…………..
Weekly/4 Weekly/Monthly/other*
*delete as appropriate
If other, please state how often? ______________________________________
Please send us proof of the amount of premium you are paying.
For example, a payment book, bank/ building society statement or credit
agreement.
Please send the original documents, not photocopies.
We will send these back to you.
Does the insurance payment include an amount for the
No
Yes
premium?
________________________________________________________________
Please make sure that you:
have answered all the questions that apply to you;
fill in the signature box and the date box;
send this reply back to us, along with any letters received from your
insurance company giving a breakdown of the payment, in the envelope
provided.
Signature: Date:
Appendix One
Request for Share Price Information
To: OPID
Miscellaneous
From:
(Name of
Team,
staff)
Room 3S25,
(Office
Quarry House,
location)
Leeds
(Section)
Tel
no:
(Direct Line)__________
Fax no: ____________________
Claimant name:______________________ NINO:______________________
Please provide Highest and Lowest share prices for:
Date(s)
__________________________________________________
required:
Name of
__________________________________________________
company:
Date
_________ Highest
£p _________ Lowest
£p _________
available:
Date
_________ Highest
£p _________ Lowest
£p _________
available:
Date
_________ Highest
£p _________ Lowest
£p _________
available:
Date(s)
__________________________________________________
required:
Name of
__________________________________________________
company:
Date
_________ Highest
£p _________ Lowest
£p _________
available:
Date
_________ Highest
£p _________ Lowest
£p _________
available:
Date
_________ Highest
£p _________ Lowest
£p _________
available:
Appendix 2
FMU assistance letter
RE: Habitual Residence
Name, NINO: DOB: Address (if applicable as may be refuge)
I am writing from the Forced Marriage Unit (FMU), a joint Foreign and
Commonwealth Office and Home Office initiative providing confidential advice
and support to victims and practitioners in cases of forced marriage. This is done
in conjunction with government departments, statutory agencies and voluntary
organisations.
The person named above, has recently received assistance from the FMU in
returning to the UK after a forced absence abroad for the period xxxx to xxxx.
Under current Social Security regulations, people returning to the UK from
abroad may make an immediate claim for income-related benefits. In addition to
satisfying the normal conditions of entitlement, anyone who claims these benefits
must demonstrate that they have a right to reside and are habitually resident in
the UK.
The individual named here will have been taken from the UK, where they are
normally habitually resident, and detained outside the country against their will.
As such they will have been forcefully prevented from fulfilling their desire to
reside in the UK. This means that they have not lost their habitual residence in
the UK throughout any forced absence from the country.
DWP guidance allows that under such circumstances individuals
do not lose
their habitual residence in the UK and are therefore viewed as being
habitually resident from the outset of their claim.
Please treat this letter as acceptance that the period spent outside the UK, stated
above, was a forced absence and should not count against xxxxx when
considering their entitlement to housing or other support.
For further information about this case please contact me on the above
telephone number. General advice regarding forced marriages can be found at:
www.fco.gov.uk/forcedmarriage
The FMU may be contacted on the above telephone number in cases where
identity is in doubt. If this is the case please quote the FMU reference stated on
this letter.
Please DO NOT contact the FMU as a means of routine ID checking.
Yours sincerely,
(staff name)
Forced Marriage Unit
Useful Addresses
District Valuer Services
District Valuer Services, Valuation Office Agency, Broadwalk House, 4th
Floor, Southernhay West, Exeter, EX1 1TS:
Courier Address – Exeter VOA.
Capital Valuations
Jobcentre Plus, Capital Valuations, Benefit Delivery Specialist Operations,
[redacted]
Isle of Man
Isle of Man, Government Valuer, The Treasurer, Government Offices,
Prospect Hill, Douglas, Isle of Man.
Irish Republic
Irish Republic, Market Value Section, Valuation Office, The Irish Life
Centre, Lower Abbey Street, Dublin 1.
Social Security Agency Belfast
Social Security Agency, Network Support Branch, 5th Floor, Royston
House, 34 Upper Queen Street, Belfast, BT1 6FX.
British Coal
Agency Office, Centris, Queens House, 105 Queen Street, Sheffield, S1
1GN.
Department for Business, Enterprise & Regulatory Reform
1 Victoria Street, London, SW1H 0ET:
0207 215 5000.
Forced Marriage Unit
Forced Marriage Unit, Foreign and Commonwealth Office, King Charles
Street, London SW1A 2AH
Document Outline