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New Style JSA and Universal Credit

ejm
forum member

Community palliative care team - Rowcroft Hospice

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Total Posts: 12

Joined: 5 April 2019

Supporting a client (59)who was claiming UC jointly with partner who has recently died.

Client reports that he received a t/c from NSJSA and made a claim which is being paid at £148 every 2 weeks.
Client has some physical health diffs that are being investigated by GP and some chronic undiagnosed mental health difficulties that have been compounded by grief. These have not been declared previously as he was recognised as a ‘carer’.
GP has issued a fit note for 3 months.

My questions are:
Why is he now claiming NSJSA?
Could he have continued claiming UC?
If unable to ‘jobseek’ for at least 3 months is NSJSA the right benefit to be claiming?

Thanks

 

Daphne
Administrator

rightsnet writer / editor

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Total Posts: 2894

Joined: 14 March 2014

Arre you sure he isn’t still getting UC as well. The death of the partner should not be taken into account for the assessment period in which they died and the subsequent two - so he should still be paid as a couple and get the carer element, and of course housing element if that was applicable. If UC has stopped you might want to challenge why it stopped.

He could still claim ns JSA in addition (though from what you say nsESA might be more appropriate) but work search/work availability requirements shouldn’t be imposed for 6 months after death of a partner - see reg 99 of the UC regs and reg 16 of JSA Regs 2013.

If he has a fitnote then it does sound like ns ESA is a more appropriate claim so could do that and carry on with UC as a top-up