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Supply teachers and holiday pay

Discussion in 'Supply teaching' started by bocking33, Apr 7, 2012.

  1. I work as a supply teacher and sign on during the holidays usually without too much hassle.Just got a letter asking me for my contract from the DWP. Slightly worried, as this has never happened before, does the holiday pay part of the weekly wage stop you getting JSA? If anyone can help with info would be really grateful
     
  2. I work as a supply teacher and sign on during the holidays usually without too much hassle.Just got a letter asking me for my contract from the DWP. Slightly worried, as this has never happened before, does the holiday pay part of the weekly wage stop you getting JSA? If anyone can help with info would be really grateful
     
  3. <font size="2" face="Times New Roman" color="#231f20">ii The claimant was a supply teacher. During the academic year 2000 - 2001 she

    worked for a number of schools within one local authority area for an average of 13.3

    hours per week. She was paid an hourly rate and received her payments on the 25th of

    each month. She worked on 17th July and then claimed contribution-based jobseeker&rsquo;s

    allowance from 18th July (the start of the summer holidays). The Secretary of State

    decided that the claimant was not entitled to jobseeker&rsquo;s allowance. He accepted that

    she was not in remunerative work, but decided that her earnings were sufficient to

    disentitle her to benefit. The claimant&rsquo;s appeal was dismissed. The tribunal followed

    R(IS) 10/95 and held that each monthly payment of earnings received had to be taken

    into account over the period of a month. Thus each of the monthly payments received

    in June, July and August 2001 disentitled the claimant from benefit for the following

    month. The claimant appealed to the Commissioner, with the support of the Secretary

    of State, on the grounds that the tribunal erred in failing to disregard the earnings under

    regulation 99(2) and paragraph 2 of Schedule 6 to the Jobseeker&rsquo;s Allowance Regulations

    1996. The Commissioner held that unless a regular pattern of work had been established

    a supply teacher will have ceased to be in part-time employment during school

    holidays. The decision of the tribunal was set aside and the Commissioner substituted

    his own decision that the claimant&rsquo;s earnings from part-time employment be disregarded

    from 18th July 2001.
    </font>
     
  4. jubilee

    jubilee Star commenter

    The issue is less about entitlement to claim JSA but whether the holiday pay element of a supply teacher's pay will affect their JSA payments.
    For those in the employ of private agencies, the trend seems to be to nominate 10% of the daily rate as holiday pay. Some agencies then hold back the 10% and the teacher claims it ina holiday period.
    In those cases, I'd suggest that the teacher should claim the accrued holiday pay (perhaps anything up to &pound;500 if their daily rate is &pound;100 per day) in a half-term week and doesn't claim JSA for that week.
    When they reach a longer school holiday, with holiday pay already cleared out in the previous half term break, they will have 10% of wages in the last half term built up in their holiday fund. they should claim those in the first week of the 2 week or 6 week holiday (Xmas, Easter, Summer) and then sign on in the second week.
    Thus, they will be able to account for the holiday paid having already been used to support themselves in a pro-rata amount of holiday time.
    Those in LA employment where 25% of their wages is pro-rata holiday pay, paid up-front, the teacher should keep a diary showing unemployed weeks in term time (or weeks with only a day or half a day of work) and allocate the up-front holiday pay to those week and to other official school holiday weeks when they didn't bother with a JSA claim.
    Make that clear on a statement accompanying contract details.
    An erratic work history should benefit a supply teacher when claiming JSA as they can't say that you have settled into a regular pattern of work, allowing them to average out your hours.
    If they do average out hours, you need to make sure that you only tell them the official contact hours that you are paid for. Don't include unpaid breaks and time when you arrive early at a school to set up or leave late to mark work and chat to colleagues etc.
    It helps to tally up your official work hours each week or month in your diary and you can then give the Benefits office a total for the past year if asked (not all offices require this of supply teachers but some are applying the average hours as way to get some candidates signing off!). they will then divide that total by 52 weeks to get your average hours worked and if it comes to under 16 hours per calendar week, they agree that your JSA claim can carry on.
    So, if you contract says that you are paid for 5 contact hours per day, you use that figure for all JSA documentation.
    If the contract says that you are paid a set daily or hourly rate and can be directed to work for up to 6.5 hours p[er day (LA supply contracts usually) you include the hours and minutes that you were officially an employee, disregarding the lunch break as that is unpaid even if you choose to work through it. If you can leave soon after the pupils, your work day ends at that point.
     
  5. Thank you for your help.
     
  6. Thanks for taking the time to help.
     

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