Jobseekers Allowance app refused what next?

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nesbitt

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Background: A relative of mine has separated from her husband in Aug 08, she has 3 children and resides in the family home (she is in the process of getting the mortgage in her sole name). She receives maintainence payment weekly (declared to SW and paid direct to current bank account). When she separated in Aug she applied for One parent family payment but had to wait 3 months to be elligible for this type of payment. So she receives a Supplementary Welfare payment (means tested against her maintainence) of 56euro per week and 400 for the mortgage each month. She applied for Jobseekers Allowance in Aug when told of the 3 month rule for One parent payment. She attended an interview at the social welfare office mid Sept. Where she supplied a note of job applications and financial statements to the officer. The interview went well and there seemed to be no issues at that time. In the meantime she applied on Nov 10th 2008 for One Parent family payment (she then became elligible to actually apply), but the application may take "four to five months" due to backlog at her SW office. However she received a letter in post today stating that she is not elligible for Job Seekers Allowance because she is "not actively seeking or is available for work".

So my questions are:

a) How will this ruling effect her Supplementary Welfare payments of 56euro and 400 for mortgage being paid by Health Centre

b) How will this ruling effect her application for One Parent Family payment that she applied for and is in the SW system at present

Any comment and advice appreciated.
 
Firstly, Is she actively seeking employment. You say she had evidence of job applications. SW says she's not. I don't understand!!!!!!!!!!!!

If she is awarded OPFP it will replace the Supplementary welfare payment
 
Yes she submitted a list of job applications. The letter gives no reason whatsoever for this ruling so we are baffled as to how they came to the conclusion that she is not available or actively seeking employment!

As I stated she was told that the backlog of One Parent Family Payment applications is several months so hence the question regarding her Supplementary Allowance.
 
All things being equal that is what she should do next.

However the most suitable allowance for her is One Parent Family Payment (she applied on 10th Nov). Jobseekers Allowance was applied for because she had no other choice given the 3 month rule...

What she needs is to continue to receive her supplementary allowances from Health centre and wait for the One parent family payment.

As my original post asks does this ruling in any way jeopardise supplementary allowance or one parent family payment?

I suppose I need one of the SW Gurus to answer this one :)
 
Should make no difference to her OPFP application. It won't affect her supplementary Allowance either.
Now I would appeal the JS refusal on principle.
 
Bond is correct, the SWA payment is an interim or substitute payment and will continue until either of the person's SW claims are decided (either a successful appeal on JA or a decision on One Parent Family Payment).
 
Off she went early this morning to Health Centre. CWO told her not to worry about the the Job Seekers Disallowance. CWO confirmed that the One Parent Family Payment application (pending) was notified to their office. Her current status of being in receipt of Supplementary Welfare Allowance is unchanged.

On principle she should complain about the decision/letter without due basis but she feels there is nothing to be gained for her other than maybe a grumble that the wrong box was ticked.....

On a brighter note the CWO noticed that her Christmas Bonus issued last week had been 'miscalculated' and she organised a payment to rectify this matter. CWO also organised payment in respect of fuel allowance which my sis did not realise could be paid to her from health centre. She applied for fuel allowance on 20/10/08 but this is still pending also.

So every cloud does have some sort of a silver lining even if it is only silver plate at that.:)
 
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Good to hear that she is getting sorted in time for Christmas. Fair play to the CWO.
 
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