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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8720
Experience:  I have been practising for 30 years.
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I was made redundant last October but have income protection

Resolved Question:

I was made redundant last October but have income protection with six months cover remaining. I have just come to the end of the contribution based JSA and don't qualify for the income based allowance. The DWP have asked me to attend an interview for a position with them but it pays less than half of my previous salary and less than the monthly insurance benefit. If I'm offered the job, do I have to accept? If I don't, will the insurance company refuse to pay any further benefit?
Submitted: 5 months ago.
Category: Law
Expert:  F E Smith replied 5 months ago.

May I ask who the insurance provider is? Some insurers will allow for this.

Customer: replied 5 months ago.
There are two policies for equal amounts, one with RBS and the other with Churchill.
Expert:  F E Smith replied 5 months ago.

Are these short-term policies, 12-24 months?

How would you go on for income when the policy payment period expires or would you be hopeful of getting another job between then and now?

Customer: replied 5 months ago.
They are both 12 month policies and I would like to think that I would find further employment before they expire. If I have to take the position with the DWP, the salary won't cover my mortgage let alone any other monthly expenses.
Expert:  F E Smith replied 5 months ago.

I do not know whether you accept that you are not entitled to JSA but you may find this calculator useful. It is easier to read than the government one.

http://entitledto.co.uk/help/jsa

assuming that you are not, the situation with the insurance company would depend on the terms and conditions of the policies.

Sometimes it is covered and sometimes it’s not. I spoke to a gentleman I know who is a director of such an insurance company (not one of the ones you mention) and he confirmed to me that their view is that they would expect you to take a position if the salary that you are being offered was 85% or more of the salary you had previously enjoyed.

I don’t know whether you went directly to the insurance companies or went through a broker but it would be worthwhile contacting either the insurance company or the broker to get their underwriting view on the payment of the claim and what their expectation would be.

If either of the insurance companies says that they will refuse to pay out if you don’t take any job, then you have a substantial complaint to make to the Financial Ombudsman Service. Before you complain to the Ombudsman you have to have exhausted the insurance company own complaints procedure. It would clearly be unreasonable for the insurance company to expect you to take a job which paid less money than the benefit you were currently enjoying because, if they did, they would expect everyone to take low-paid jobs purely to escape paying.

Can I clarify anything for you?

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Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8720
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 5 months ago.
Okay, many thanks for the response. I've just spoken to Churchill and whilst they weren't able to give me a guideline in terms of a %age of previous salary they did say that given the circumstances, were I to refuse the job offer resulting in being sanctioned by the DWP, because I am now beyond the 6 month contribution based JSA they would disregard the sanction and continue payments. It will be interesting to see if it works out that way in practice.

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