About an availability or
actively seeking work doubt
on your Jobseeker’s Allowance
What will happen if there is a doubt on your
If there is a doubt about whether you have been
actively looking for work, or
available for work
we will stop paying your benefit until we decide whether you are
entitled to Jobseeker's Allowance.
Even though we have stopped paying your benefit, you may still be able
to get some Jobseeker’s Allowance under the hardship provision.
How long will it take to make the decision?
We will make the decision as quickly as possible. But if we need more
information from you, it may take longer for us to decide.
We will send you a letter giving you our decision.
What happens if we decide that you are entitled to
If you maintained contact with your Jobcentre and kept signing
declarations as required, we will pay you any Jobseeker’s Allowance we
owe you as soon as possible. If we paid you Jobseeker’s Allowance
under the hardship provision while we made our decision, we will take
away that amount from any Jobseeker’s Allowance we owe you.
What happens if we decide that you are not entitled to
Your benefit will stop, and you will no longer qualify for
Jobseeker’s Allowance, if you are not:
actively looking for work, or
available for work.
If your benefit is stopped, you will need to complete a Jobseeker’s
Allowance Reclaim Form in order to get paid Jobseeker’s Allowance
again. It is important that you contact your local Jobcentre to obtain
your reclaim form as soon as possible.
If you reclaim Jobseeker’s Allowance, you may not get paid benefit for
up to 4 weeks. If there has been more than one such failure in the last
52 weeks, you may not be paid benefit for up to 13 weeks.
During this period you may still be able to get some
Jobseeker’s Allowance under the hardship provision.
What is a hardship payment?
A hardship payment is a payment of income-based Jobseeker’s Allowance
to someone who does not qualify under the normal rules, but would suffer
hardship if Jobseeker’s Allowance is not paid.
Only people who would usually get income-based Jobseeker’s Allowance
can get a hardship payment.
If you usually get contribution-based Jobseeker’s Allowance you can still
apply for a hardship payment by using claim form JSA/ESA10JP
. But you
must fill in form JSA3
as well so we can find out if you are entitled to
income-based Jobseeker's Allowance.
If you need more information about the normal rules for getting
Jobseeker’s Allowance, contact your Jobcentre.
What happens if I only get National Insurance credits?
If we decide that you are not entitled to National Insurance credits, we will
send you a letter.
What to do if you think this decision is wrong
If you think the decision is wrong, please get in touch with us by telephone
or in writing, within one month of the date of the letter that tells you about
our decision not to pay you benefit. If you do not contact us within one
month of the date of the decision letter we may only be able to change the
decision from the date you contact us. Our telephone number and address
are on the front page of the letter.
You can appeal against this decision, but you cannot appeal until we have
looked at the decision again. We call this a Mandatory Reconsideration
You, or someone who has the authority to act for you, can:
ask us for an explanation of the decision, or
ask for a written statement of reasons for the decision, if we have not
already sent one
ask us to look at the decision again, to see if it can be changed. There
may be some facts you think we have overlooked, or you may have
further information that affects the decision.
When we have looked at the decision again, we will send you a letter
explaining what we have done. We call this a Mandatory Reconsideration
. This will include the information you need to be able to appeal.
Joint claims for Jobseeker’s Allowance
If you have made a joint claim for Jobseeker’s Allowance you must share all
this information with each other.