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Forum Home  →  Discussion  →  Covid-19 issues  →  Thread

NSJSA and MA - overlapping?

roecab
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Welfare benefits supervisor - Roehampton CAB

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Total Posts: 414

Joined: 17 June 2010

We have a client who is claiming MA and has now left work, and would be eligible to claim NSJSA but I think it would overlap, and MA only payable.

For example, page 26 of the current CPAG states that the DWP refer to NSJA as being CJSA

However, in the overlapping benefit regs it refers only to CJSA

https://www.legislation.gov.uk/uksi/1979/597

Under the Social Security Contributions and Benefits Act at 20(1)(a) it says only this

unemployment benefit (with increase for adult and, where the beneficiary is over pensionable age, child dependants);

The DMG only refers to CJSA and MA overlapping, but does not state NSJSA

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/865517/dmgch17.pdf

Seems clear the intention is that NSJSA and MA do overlap, but as NSJA not referred to could be a chance?

Does anyone have any thoughts?

Thanks in advance

 

[ Edited: 6 Aug 2020 at 10:25 am by roecab ]
nevip
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Welfare rights adviser - Sefton Council, Liverpool

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It is an overlapping benefit in my view.  “New style JSA” is simply a term of art, not law.

The relevant provision of regulation 2 of the Social Security (Overlapping Benefits) Regulations is as follows:

““Contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that removes references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act as that Act has effect apart from those provisions.”

From a practical point of view, a contributory benefit is payable over a non-contributory benefit, so she would get JSA topped up by the MA difference.

roecab
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Welfare benefits supervisor - Roehampton CAB

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Many thanks - agree that the intention seems clear just that can be confusing referring to NSJSA in places but not in others

Cheers man

Vonny
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Welfare rights adviser - Social Inclusion Unit, Swansea

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I think the confusion is that NSJSA is actually still CJSA