Contributory JSA

My client completed a JSA 1 claim pack for both elements of JSA, contributory and income based. The claim has been closed because he failed to supply information about his capital within the time limit. JCP have already confirmed he satisfies the conts conditions for contributory JSA, but will not pay it because the claim is closed. They say he has to make a rapid reclaim for contributory JSA only and request backdating to the date of the original claim. I queried this on the basis that the original JSA 1 is a claim for both elements, and once they decided the income based JSA claim was to be closed they should have automatically paid the contributory JSA. They refuse to do this because he failed to supply the info on the income based element!!

Are they correct in doing this?

Thank you Tony. I used the arguments you have suggested and have also lodged an appeal. It just can’t be right. I mean, if he had just completed the conts part of the JSA 1 he would have been awarded JSA, no problem; but because he completed both parts he isn’t getting paid !! It’s just Monty Python stuff, you couldn’t make it up. You’re right about the backdating, no chance; it’s not right, just not right!!

“Are they correct in doing this?”

Nooo!  They should have considered, separately, any entitlement to C/JSA.  See CJSA/1080/2002.  Appeal, asap.

Thank you so much for the commissioners decision reference. Appeal has already been made.