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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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There can elected councillors in England who lose their

Customer Question

hi there
can elected councillors in England who lose their job claim their monthly councillor allowance for wear and tear etc. whilst they are claiming JSA benefits due to sudden unemployment..any help appreciated.
I understand foster carers and councillors are exempt from the standard rules.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hi my name is ***** ***** I am happy to help you today are you the councillor in this scenario?
Customer: replied 2 years ago.

yes I am

Expert:  Jenny replied 2 years ago.
Hi can I clarify that you are not receiving a salary for your duties as councillor just expenses?
Customer: replied 2 years ago.

elected councillors receive what is called an allowance it is not a salary - it about £300 per month for clothes petrol call costs etc etc but it requires my NI number as it is taxed prior to being paid.

sorry I will have to leave soon and go offline next 30 minutes

Customer: replied 2 years ago.

I replied below yesterday

Expert:  Jenny replied 2 years ago.
I am sorry for the delay, you are still allowed to claim.
Being a councillor is in the exemptions to the Job Seekers Allowance Regulations 2013.
Here is a copy of the regulations for you to look at.
http://www.legislation.gov.uk/ukdsi/2013/9780111531921/regulation/44
It is quite clear that this is an exemption.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.

thank you for the clarity - I think the website dropped out for a while

Expert:  Jenny replied 2 years ago.
No problem, all the best with it.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would rate my answer before leaving the site as I am not otherwise credited for my time. Thank you and all the best.
Customer: replied 2 years ago.

so finally can I backdate the claim to the last election as the council has said I would have to seek advice on this matter and its taken 3 months to clarify such a grey area..?

Customer: replied 2 years ago.

so finally can I backdate the claim to the last election as the council has said I would have to seek advice on this matter and its taken 3 months to clarify such a grey area..?

Expert:  Jenny replied 2 years ago.
Hi did you see the answer on the other question.
I am not sure this would be sufficient reason to delay the claim.
You can try.
Unless you were told by the Benefits Agency it is unlikely they will backdate it as ignorance of right to claim is not normally good enough reason.
Customer: replied 2 years ago.

Yes I have thanks Taratill - very helpful! - I will try to get the scheme rules if no backdating on allowance - should be easy as I also sit on scrutiny Governance committee!

Expert:  Jenny replied 2 years ago.
Great good luck with this and do come back to me if you need to.
Customer: replied 2 years ago.

ok thank you - if I do it will most likely be this week.

Customer: replied 2 years ago.

where is the other question and answers please? seems to have gone off this thread entirely..no idea why.

it was the one with the backdating of allowances and the scheme rules etc.

Expert:  Jenny replied 2 years ago.
You should be able to see the 2 questions under you login. If you cannot let me know and I'll get someone to look at this for you.
Many thanks and sorry for the delay I was offline for a while.
Customer: replied 2 years ago.

I have been charged twice despite having access to free service after first question - I have also been charged twice for my tip

This amounts to 2 x £56 and 2x £10 charges

can I please be refunded before I finish this service.

please advise -

Ps this is the 2nd attempt to contact since the weekend.

I also have these charges on my bank ledger.

it seems crazy because the site dropped out it automatically creates a new question - which is you look does not even make sense as a question and re asks me for my payment details again!!?? very dodgy.

thanks for any help

Expert:  Jenny replied 2 years ago.
Hi I will forward this to a moderator who should enact a refund. I think the problem has arisen because 2 separate questions were asked.
I was offline over the weekend hence the delay.
Customer: replied 2 years ago.

thanks very much Taratill

the system should not do this as it automatically signs you for a week free after the first question, so the accidental system fault creating my 2nd question (due to some odd drop out I recall) should not have required another payment...also if you look at the question 2 it does not make sense (because the web system GUI created it - not me)

thanks again Tara