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Forum Home  →  Discussion  →  Conditionality and sanctions  →  Thread

JSA reg 27 and credits only claim

ruthatmac
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Welfare Rights Team, Macmillan Cancer Support, home based

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Total Posts: 3

Joined: 13 June 2022

My client has a credits only claim for JSA.  He missed his signing on appointment as he was upset about some bad news he had received, and his claim was closed.  This was within 5 days of the signing on date so I assumed he could rely on JSA 1996 reg 27 and ask for it to be reopened so that he can argue good cause, however he has been told that reg 27 does not apply as it is a credits only claim.

Is this right?  From what he says he has been told to go and fill in a form giving his reasons why he did not attend in any case, so he seems to be getting the opportunity to argue good cause anyway.

JonUCN
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Housing Systems

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Joined: 29 August 2023

The JSA regs should only be relevant in so far as they are referred to in the NI Credit Regs, e.g. at:
https://www.legislation.gov.uk/uksi/1975/556/regulation/8A

Attending a particular JCP meeting would not normally be determinative of whether someone is available for / actively seeking employment. See the reasoning in:
https://www.rightsnet.org.uk/welfare-rights/caselaw/item/dwp-and-then-tribunal-mistakenly-applied-jobseekers-allowance-regulations-in-deciding-that-claimants-entitlement-to-credits-should-cease-after-he-failed-to-attend-interview

ruthatmac
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Welfare Rights Team, Macmillan Cancer Support, home based

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Total Posts: 3

Joined: 13 June 2022

Thanks, I will have a look at that.