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Forum Home  →  Discussion  →  Housing costs  →  Thread

Period to which earnings are attributed, different for HB and JSA?

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Joined: 16 June 2010

Client on c-JSA, who worked for ca one month, for weekly earnings of less than £30. Employer pays at the end of the month.

HB have subsequently created an overpayment for that month, on account of income from earnings plus full c-JSA (less £5 disregard).

Meanwhile, JCP have attributed the earnings to the month following the payday. For month two, the client therefore gets full HB, but reduced JSA.

The upshot being, earnings of £168 have cost the client a total of about £244 in lost HB, CTR, and JSA. Is this right? I’ve looked at HB reg 33 and JSA reg 96(1) [and R(SB) 33/83 para 16], and I can’t see the flaw.

Daphne
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There was a recent decision which said that HB should take earnings into account forward from the date of receipt -

http://www.rightsnet.org.uk/briefcase/summary/for-what-period-should-earnings-paid-in-arrears-be-attributed-for-the-purpo

hopefully that will help

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Total Posts: 1362

Joined: 16 June 2010

That looks to be very helpful (and timely!). Thank you.


edit: though it does raise the question of whether the client’s final pay packet from a previous period of work should now fall to be taken into account for the first month of the HB claim ... if it does, it might leave him no better off after all.

[ Edited: 24 Oct 2014 at 08:51 pm by Jon (CANY) ]