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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

jsa and college. Lunchtimes disregarded?

benefitsadviser
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Sunderland West Advice Project

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I have a client who does 15 hours a week studying at college and claims JSA

He goes from 9am til 3 pm and has an hour off for lunch.

His adviser at JC+ now reckons that as he is unavailable for work for 18 hours a week (due to the 1 hour a day lunch) then for all intents and purposes he is no longer entitled to JSA.

I personally think this is JSA up to their old tricks again trying to illegally close a claim.

Opinions??

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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I don’t think you need anyone to tell you what you already know.  What about evening availability, Saturdays and Sundays?  Has his adviser taken leave of his senses or is he just pretending to be obtuse?

benefitsadviser
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Im just sick of a government department quite clearly in breach of benefit law Paul, and not being held accountable for it.

When i inform them that they are either not applying the law, or are in breach of it, they have no idea what I am on about. Its as if caselaw simply doesnt exist for Jobcentre Plus workers - total blind spot.

Benefit claimants who fiddle income support or whatever are roasted all over the Daily fail yet when the DWP repeatedly break the law then everything is ticketyboo!

Had a rough week : just wanted to sound off a bit guys and gals.

Have a good weekend folks!

JFSelby
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Benefit caseworker (SDAIN project) - Selby CAB, North Yorkshire

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Depends on many things

even the hours rule varies according to your clients age and the amount of supervised study can be 12   16 or 21 depending on age and course

also availability and whats in any agreement (jobseekers agreement) which usually includes patterns of study

The subject is well covered in CPAG student support Handbook

How old is your client

what sort of course

and how many hours of supervised study

benefitsadviser
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JFSelby - 19 September 2014 12:24 PM

Depends on many things

even the hours rule varies according to your clients age and the amount of supervised study can be 12   16 or 21 depending on age and course

also availability and whats in any agreement (jobseekers agreement) which usually includes patterns of study

The subject is well covered in CPAG student support Handbook

How old is your client

what sort of course

and how many hours of supervised study

Thanks. He is calling me back on Monday with all the details so the above can be answered.
My point was that his “adviser” is insisting that his lunch hour should be classed as study time and he is trying to use that to close his claim. I suggested he tells him he is jobsearching on his laptop at lunchtime to shut him up.I know these people have targets but sometimes they are REALLY clutching at straws

JFSelby
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Benefit caseworker (SDAIN project) - Selby CAB, North Yorkshire

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I agree with you plus we find so few people thrown off JSA actually challenge it but assume it must be right

I agree with you and its highly unlikely his hours lunch is supervised study :)

benefitsadviser
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One of my bugbears is the arbitrary closing of JSA claims without consent.
They simply close it down themselves without a single bye or leave.

a discussion with JC+

“why was my client not informed in writing that an appeal-able decision to close his claim was made”

JC+ : “We cant answer that but there are no appeal rights here”

“I want the decision appealed”

JC+ “there was no decision, we simply closed it”

“So, someone DECIDED to close the claim : it didnt close by itself, a decision was made as someone DECIDED to do so : we wish to appeal”

JC+ ” you cant appeal this. Goodbye”

More letters/time wasting/complaints etc etc….....................