Appeal Tribunal: 6 weeks, no money
Post Categories: Appeal Tribunal • DWP • First tier Appeal Tribunal • Social Security and Child Support • jobcentre Plus
Tags: Appeal Tribunal, DWP, First tier Appeal Tribunal, jobcentre Plus, New Deal, Social Security and Child Support
So, it has been 6 weeks since my First tier Social Security and Child Support Appeal Tribunal regarding Sanctioned Jobseekers Allowance. No sign of any payment and also no contact from DWP or Jobcentre Plus about it. Is this common for everyone who goes to an Appeal Tribunal?
Link Summary
- Social Security and Child Support Appeal Tribunal: pathetic!
- Do DWP withhold Data Protection Act requests for appeals?
- Social Security: JSA Benefit Sanctions are Unlawful!
- Too much legislation for DWP and Jobcentre Plus?
- New Labour POLICY requirements: Are they bullshit or not?
- Secretary of State for Work and Pensions James Purnell MP
3 Responses to “Appeal Tribunal: 6 weeks, no money”
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when you win the appeal you win the right to benefit withheld to be returned to you as its classed as a wrong decision by the dwp.
as well as the money you are also looking to clear your name which has been done also,many years ago the honorable course was taken and payment shortly followed,two adjudicators were there also a a dhss official as an observer.
according to reports over at new deal scandal neither of the two mentioned were present,this might well be that they are overwhelmed with the appeal process giving them the benefit of the doubt,or it could be for other reasons we an only guess.
it might have been a good idea to mention after the decision was overturned how long it would take to receive the amount unjustly withheld,this does not however compensate for the distress caused by wrongful decisions by the dwp.
Hi Ken – the problem is Appeal Tribunals have no legal power to enforce payment therefore DWP have broken the law for the initial decision however balance out as their duty to protect taxpayers’ money blah blah blah (i.e. a Judge would accept its unlawful but grant it was for the right reasons)… and the so-called independent Appeal Tribunal is a formality without any legal basis so DWP/Jobcentre Plus not following their finding isn’t illegal – probably just against policy.
There is no timescales as they don’t legally have to comply with the decision the tribunal judge makes. I guess I, like all others in this situation, will just have to forget about legal entitlement and let the system win waiting to see whether if they do decide to pay up. There really isn’t a way to win. I could take them to court stating the amount they “owe” me is a debt but they will either claim Crown Immunity or the judge will struck it out as the Appeal Tribunal isn’t enough evidence to state that payment was due.
That is what is great with the sanction system. If it was solely about entitlement without sanction and they declined me money… I could win rather easily.
As I was sanctioned – it is pretty much to see whether an employee takes me up on doing the right thing. As the dispute is around “good cause” which is an exemption you can clearly overlook it and see… New Deal Dismissal + Sanction = fair … whereas New Deal Dismissal + Good cause = fair + no sanction
I will be uploading the particulars of the case rather soon.
the costs to the taxpayer of benefits is now a very weak argument.the taxpayer is treated like a patsy also it appears’.
http://www.thesun.co.uk/sol/homepage/news/money/2757724/Bank-bail-out-costs-14k-per-man-in-the-UK.html
someone on a 1 million bonus has a 10% “windfall” tax still walks away with £900,000 windfall in his or her direction,meanwhile someone on jobseekers can have their benefit cut by 40% from £64.30 or £38.50 a week to live on.
something is seriously wrong and if some of the stories are true here the pavement is where the out of work will be heading with plans to include housing council tax benefits,this will put people on the street.
as we know once in that position any way out is near impossible and people are sanctioned appear to be removed from the statistics,no permanent address means no benefits,very convenient.
http://www.thepavement.org.uk/story.php?story=883
there is no end to this terrible unjust new deal,brought in by someone who by their nature turns to the biggest payout and those that talk the biggest offers,dictating to unemployed people,this is nothing short of tyrannical.
they are still on about the work shy twelve years after new deal first appeared,if thats not a sign its failed what is.
i would write to the benefits appeal tribunal stating funds have not yet been forwarded for the sanction period,this is a utter disgrace that this should happen,through the new deal pages ‘over the months’ these are stories that have come to light many unemployed will not have seen or have access to these pages’ to comment,its what we don’t know about that makes the mind think.