You asked
Thank you for your recent response to the FOI on JSA Disallowances. (http://www.ons.gov.uk/ons/about-ons/business-transparency/freedom-of-information/what-can-i-request/previous-foi-requests/labour-market/jsa-disallowances/index.html)
A DWP answer appears to contradict the ONS answer in one key respect.
From the ONS response referred to above: “When a JSA claimant has their claim disallowed the claim is closed until the claimant reapplies…. When a claim is closed through any means, including a disallowance, the claim is treated as having ended and an off-flow from ONS Claimant Count statistics. Any reapplication would be treated as a new claim and an on-flow to ONS Claimant Count statistics”
DWP in FOI Ref: 2014-4800 states: (https://www.whatdotheyknow.com/request/236844/response/632427/attach/3/FOI%202014%204800%20Response%20WDTK.pdf)
“If a person’s Jobseeker’s Allowance is disallowed and they continue to seek work and sign on at their local office they remain within the claimant count, as do those for whom a sanction has been applied, as their entitlement to benefit remains in place. As a result with regard to your second query a reapplication for JSA is not treated as a new claim providing the claimant continues to keep their claim live.”
The first paragraph of the DWP response – where people who are sanctioned remain in the claimant count as their underlying eligibility remains is compatible with the ONS answer.
It is the second paragraph from the DWP that is difficult to reconcile with the ONS answer, where they state that a JSA claim subsequent to a disallowance is NOT a new claim provided the person complies with JSA conditions.
My own understanding from other sources suggests the ONS interpretation is correct, however it is possible there is a process described in the DWP response as “keeping their claim live” which allows a JSA claim made subsequent to a disallowance not to be treated as new claim.
The effect of disallowances on off-flow and claim duration statistics is clearly sizable. It would be useful to have a clear picture as to if a reapplication for JSA after a disallowance is always treated as a new claim, and if not what circumstances it is not treated as a new claim.
We said
The requests you refer to were phrased in different ways and this may have influenced the interpretation of the information being sought.
The previous reply from the Office for National Statistics related to a request about those who are "considered not to be entitled to the benefit until such times as they reapply and undertake to comply with the benefit regime". It is correct that those not complying with the basic eligibility rules - which include continuing to seek work and sign-on - are not included in the Claimant Count. They will also show up as an off-flow (and an on-flow if they reclaim subsequently).
However, it is also true, as the reply from the Department for Work and Pensions makes clear, that where someone continues to engage and sign on the claim remains live.
I hope this clarifies the position.