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New guide for people supporting prison leavers claiming UC
DWP has issued a new guide for those supporting prison leavers -
This guide will help you to support prisoners and prison leavers to prepare for and make a claim to Universal Credit. It gives information on what is needed to prepare for their Universal Credit claim; how the claim can be made; and how the prison leaver can manage their claim. It also provides information on the support they can receive from the Department for Work and Pensions and other organisations.
Looking through this, on the New Style benefits section it states:
“You may be able to get New Style Jobseeker’s Allowance (JSA) if any of the following apply:
you are already claiming Universal Credit
you had a claim to Universal Credit within the last 6 months that ended due to high earnings
you are not receiving the severe disability premium, and have not received it in the last month
You will need to have worked as an employee and paid enough National Insurance contributions,
usually in the last 2 full tax years before the calendar year in which you make your claim. If you do
not have enough they can be topped up with class 1 National Insurance credits that you have
received.”
To me that pretty heavily implies (if not states!) that a claimant needs to claim UC before they can claim nsJSA. We’re seeing a lot of misinformation about UC and nsESA from jobcentres and DWP staff, but I’m really surprised to see this written in official DWP guidance. Its making me doubt myself…. you don’t need to claim UC to claim New Style benefits, right?
Thanks
Abi Sheridan
You’re correct - you don’t need to claim UC to claim new-style ESA or JSA - I can feedback your comments via the stakeholder forum
I don’t think it’s incorrect for that reason. They use the phrase “if any of the following apply”, and the third item in the list includes all claimants who are not in receipt of SDP. The first two items in the list are therefore only relevant to those in receipt of SDP (an example would be through HB for temporary accommodation), in which case you do need to be entitled to UC to claim ns-JSA.
However, they are incorrect in saying that entitlement to UC in the last 6 months allows a claim for ns-JSA. This would have been correct under the old live-service rules, but is not the case under full-service UC.
What they should really do though, is say that if you cannot claim new-style JSA, then you can claim old-style JSA.
I see what you’re saying - but I think the third bullet would be clearer if it said ‘you’re not entitled to UC and also you’re not receiving the sdp…’ and as you say direct them towards old-style JSA - they have said they’re looking at it…
Just picked up on this thread.
Is ADM A2048 still relevant?
I don’t think the law has changed and if prisoners are still designated a special class of person who can make claims in advance (just as looked-after children are in the run up to turning 18) then the law allows advance claims to benefit. Which to my mind is not what these leaflets state.
Could this be flagged up to the Stakeholder Forum please Daphne?