Claiming ‘new’ Contribution Based JSA in Universal Credit areas

The request was successful.

Dear Department for Work and Pensions,

In areas where ‘gateway’ Universal Credit applies, it is still possible to claim Contribution Based Jobseeker’s Allowance, known as ‘new’ JSA.

A claimant who attempts to claim JSA online has their claim rejected and is redirected to Universal Credit.

The UC online claim makes no reference to previous National Insurance Contributions or to entitlement to CJSA.

There appears to be little or no information available to DWP staff to help them to identify CJSA claims for people claiming UC.

I wish to ask for:

• if the UC online claims makes any reference to claiming CJSA, a copy of the relevant page. A screen-shot of the relevant page would be appropriate

• any information given to claimants either online or in writing that will help them to claim CJSA when making a UC claim

• a copy of the guidance provided to Work Coaches which explains how they may identify CJSA claims and ensure that a correct and timeous claim is made

• clarification from DWP – if someone claims UC and an ‘underlying’ CJSA claim is then identified by the Jobcentre, will the claimant be exposed to a repayable overpayment and possible fixed penalty even though they could not identify a CJSA claim for themselves and had no information from DWP in order to do so?

• as UC overpayments can be recovered even where DWP is at fault, what approach will be taken where claimants are in this situation?

Yours faithfully,

Andrew Dutton
Derbyshire Welfare Rights
Cemetery Lane
Ripley
Derbyshire DE5 3HY

DWP freedom-of-information-requests, Department for Work and Pensions

This is an automated confirmation that your request for information has
been accepted by the DWP FoI mailbox.
 
By the next working day your request will be forwarded to the relevant
information owner within the Department who will respond to you direct. 
 
If your email is a Freedom of Information request you can normally
expect a response within 20 working days.
 
Should you have any further queries in connection with this request do
please contact us.
 
For further information on the Freedom of Information Act within DWP
please click on the link below.
 
[1]http://www.dwp.gov.uk/freedom-of-informa...
 

show quoted sections

References

Visible links
1. http://www.dwp.gov.uk/freedom-of-informa...

DWP Strategy Freedom of Information, Department for Work and Pensions

Thank you for your Freedom of Information request.

You can expect a reply by 7 October unless I need to come back to you to clarify your request or the balance of the public interest test needs to be considered.

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely

DWP Strategy FoI Team

------------------------------------------------------------------------------------------------------
Your right to complain under the Freedom of Information Act

If you are not happy with this response you may request an internal review by e-mailing [DWP request email] or by writing to DWP, Central FoI Team,
Caxton House, Tothill Street, SW1H 9NA. Any review request should be submitted within two months of the date of this letter. Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF
www.ico.org.uk/Global/contact_us or telephone 0303 123 1113 or 01625 545745

show quoted sections

Dear DWP Strategy Freedom of Information,

May I know the reason for the delay?

Yours sincerely,

Andrew Dutton

Dear DWP Strategy Freedom of Information,

May I have a response, please?

Yours sincerely,

Andrew Dutton

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Please see the attached reply to your Freedom of Information request
 
Yours sincerely
 
DWP Strategy FoI team

show quoted sections

Dear DWP Strategy Freedom of Information,

Thank you for your reply.

It does not however answer the real question. You address the matter of existing entitlement to CJSA, about which I am fully aware - I want to know how a person can even know they may have a valid claim, and how they make that claim.

There is no reference to CJSA in the UC online form, there is no apparent mechanism for claiming CJSA under the UC regime and claimants are given no clear information. Any attempt to claim JSA online is rejected.

The links that you provided do not provide especially relevant or helpful information regarding this aspect of the question. There is no way in which a claimant would know that s/he could claim CJSA in a UC area from the content therein.

There is a little information at http://about.universalcredit.service.gov...
and again at
http://about.universalcredit.service.gov...

but it is barely enough. It says that you can get CJSA under UC, not how you get it.

Claimants should have plain information, they should not have to piece it together from bits of a web site.

I also asked for a copy of the guidance provided to Work Coaches which explains how they may identify
CJSA claims and ensure that a correct and timeous claim is made - there is no response to this.

Yours sincerely,

Andrew Dutton

DWP Strategy Freedom of Information, Department for Work and Pensions

Thank you for your Freedom of Information request.

You can expect a reply by 7 December unless I need to come back to you to clarify your request or the balance of the public interest test needs to be considered.

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely

DWP Strategy FoI Team

------------------------------------------------------------------------------------------------------
Your right to complain under the Freedom of Information Act

If you are not happy with this response you may request an internal review by e-mailing [DWP request email] or by writing to DWP, Central FoI Team,
Caxton House, Tothill Street, SW1H 9NA. Any review request should be submitted within two months of the date of this letter. Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF
www.ico.org.uk/Global/contact_us or telephone 0303 123 1113 or 01625 545745

show quoted sections

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Please see the attached reply to your Freedom of Information request

Yours sincerely

DWP Strategy FoI team

show quoted sections

I Scott left an annotation ()

Dear Andrew,

I also experienced the lack of a Contributions-based JSA claim pathway on the website in 2015 (I had to fight quite hard and eventually ended up receiving, and submitting, a manual JSA form with 'partner' areas crossed out as N/A - I got my CJSA OK) and am experiencing it now in the form of deflection to a UC pathway in July 2016.

The UC pathway mandates responses to questions irrelevant to CJSA, such as partner details or details regarding rent / savings, etc. This is the same as last year, but more tightly channelled.

I called the JSA helpline and was told that UC was replacing CJSA as well as Income-based JSA, which, from all relevant / authoritative websites, does not appear to be true.

I now have an appointment at a jobcentre where the call-centre staff member who made it for me made clear that 'I would still have to answer those [irrelevant for CJSA] questions, or I won't get any benefit'.

I stand with you in requiring that the government recognises that people need to be informed clearly what they can claim before they start, that all claim pathways need to be designed-in and QAed to the online application to cater for all usecases, and that the application process needs to at all times inform the user of the consequences of their responses to questions. Further, informed applicants should be quickly joined to existing legitimate pathways if the applicants ask for them and, if any human intervention is needed, that intervention should be helpful and well-informed.

Kind regards,
Iain

M L Malone left an annotation ()

I am another who wanted to claim JSA(C) and has been pushed into UC. My partner is unwilling to attend an id check appointment and I was told by no fewer than 8 DWP staff that new style JSA(C) is part of UC and that if my partner does not attend an appointment my claim will be closed. I have now completed the paper based form and my claim is beng processed as a single claim on the legacy system. I have submitted a formal complaint to DWP.

I would be interested to know how far you have got with your complaints. It is my right to claim JSA based on my NI contributions, but the UC policies introduced as part of the Welfare Reform Act are preventing this.

Andrew Dutton left an annotation ()

Response to M L Malone: Even as advisers we are not getting far with this. CJSA is a separate matter from UC but Jobcentre staff still appear to be telling claimants that UC has taken over completely. We have not been given any clear information on how DWP will identify CJSA claims or how claimants will be informed of their right to claim CJSA and encouraged to make correct and timely claims.

I Scott left an annotation ()

Gentlemen,

I have had my initial interview at the Jobcentre, where I was given a JSA 1 form, which duly presents a CJSA option clearly for the claimant. Am awaiting outcome of claim. I only got this physical appointment after insisting to the call centre that this was how I had to do it last year. The DWP response to Mr Dutton clearly states that UC is only replacing income-based benefits, but I too was impressed upon that it also encompassed contribution-based, which is incorrect. Will post outcome of claim in due course.

I Scott left an annotation ()

(apologies; Gentlemen and Ladies, if appropriate.)

Nic left an annotation ()

I had a similar experience last year wasn't even aware of new style JSAC as UC area, work coach knew i wasn't eligle for UC but didn't direct me (wasn't allowed) until UC had been assessed. Wasn't even told as they don't send letters. After the UC decision was made then he told me about JSA and had to call the helpline. This was several weeks in.

So called helpline and got an appointment for HAS claim - very helpful lady who helped me request a backdated claim to date of original UC claim - declined! How can that be fair I followed the 'rules' yet I was left for weeks in limbo due to the system without any redress. I'm not a frequent claimer I have no idea how the system works, I had been unwell and lost my job because of that and i didn't claim straight away as didn't think it was right to do so. More fool me. Won't make that mistake if necessary again.

It's disgusting! Thank you Andrew Dutton I wish I'd found this last year.

sarah hughes left an annotation ()

Hi
My son is between jobs, and looking for suitable work. Because he has too much savings (mostly from saved up money) he would not be entitled to IB JSA, but he would be to CJSA. I am helping him try and make this claim, but we keep getting re-directed to UC as it seems to "alive" in our area. This UC form (which we have not filled in yet) seems as if it is going to ask about savings, which I though were irrelevant to CJSA?
Has anyone got any advice on this, please? I am going to ring up the JSA freefone number on Monday, but don't hold out much hope!
TIA