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JSA and pay in lieu of notice - claim refused during notice period

Alan
forum member

Welfare Benefits Advisor, Carrick Housing, Truro, Cornwall

Total Posts: 17

Joined: 21 Jun 2010

Hi
my client was made redundant and received 1 months pay in lieu of notice period. He tried to claim JSA but was prevented from making a claim by the telephone staff on the basis that he is still treated as being in employment during the notice period. He was told to apply again once the notice period had expired. I understand that the Pay In Lieu Of Notice (PILON from my jobcentre days!) is taken into account and you are treated as being in remunerative work for the period that it covers. However I can’t understand how they can refused to accept a claim even if it can not be paid as I understand these are not official decision makers merely telephone claim takers (via a scripted set of guideline’s /instructions).
Therefore should he be allowed to make a claim even if it is treated as a claim made in advance?

Thanks

     
nevip
forum member

welfare rights adviser, sefton council, liverpool

Total Posts: 2566

Joined: 16 Jun 2010

I despair, I really do.  If the person ceases full time work before making a claim for JSA then final earnings, holiday pay (usually) and pay in lieu of notice are disregarded and you are not treated as being in remunerative work.  The department is wrong (again) and he should make a backdated claim on grounds that he was given information that led him to believe that a claim for benefit would not succeed under reg 19 of the Claims and Payments Regs.  And yes, DWP staff cannot prevent a person making a claim for JSA.

     
Alan
forum member

Welfare Benefits Advisor, Carrick Housing, Truro, Cornwall

Total Posts: 17

Joined: 21 Jun 2010

Thanks for your help - I am still a bit confused as reading the CPAG guide -payments at the end of a job, it states redundancy payments are usually treated as capital. But then it goes on to state that if you leave a full time job, the following final payments will affect your right to IS or JSA (because you will be treated as if you are still in that job for the period for which these payments are made):
holiday pay which counts as earnings
pay in lieu of notice
pay in lieu of wages

I am sure you are correct - I am interpreting it incorrectly?

Thanks again

     

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