Flexible New Deal: ESL48JP Entitlement doubt guidance
Post Categories: DWP • Flexible New Deal • Flexible New Deal Sanctions • decision maker • jobcentre Plus
Tags: DWP, ESL48JP, Flexible New Deal, jocbentre plus, Notes for Guidance
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On Flexible New Deal if you should receive a letter of notification from your Flexible New Deal provider stating that they have refered you to a decision maker for a Flexible New Deal sanction for whatever reason they should enclose the following guidance called ESL48JP.
Notes for Guidance
Doubts may sometimes occur that affect a person’s entitlement to, or payment of, Jobseeker’s Allowance and National Insurance contribution credits. For more information please contact
Jobcentre Plus.Copies of the Jobseeker’s Act 1995 and associated Regulations, which contain the law on Jobseeker’s Allowance, can be found in some public reference libraries.
You may also ask Jobcentre Plus for more information on the law or for help with any points not covered by these notes.
When and how will my allowance be affected:
Your allowance and/or credit of National Insurance contributions will either:
- continue to be paid/credited until the doubt on your claim is decided; or
- be withheld until it is decided how this doubt affects your claim. If this is the case Jobseeker’s Allowance will not be paid under the normal rules for the period of doubt. You may be able to apply for a payment of Jobseeker’s Allowance under the Hardship provision.
The letter included with these notes explains which of the above applies.
How long will this take?
Your claim will be dealt with as quickly as possible. If we need extra information from you, or your previous employer/training provider it may take longer to make a decision. If your employer’s/training provider’s reply is likely to affect your claim you will be sent a copy of the reply to allow you to comment. We will allow you seven days to reply but the sooner you do so, the sooner the decision can be made. If no reply is received within seven days, a decision will be made on the information available.
You should still reply to any enquiry that you are sent, regardless of any letters you have received confirming your entitlement.
What happens if the decision is favourable?
If the decision is in your favour and you have continued to provide signed declarations as instructed on your ES40JP, we will pay you any arrears of Jobseeker’s Allowance that you are due as soon as possible. If you have received payment of Jobseeker’s Allowance under the Hardship provision during this period we will deduct the amount from your arrears.
What happens if the decision is unfavourable?
If it is decided that you cannot be paid Jobseeker’s Allowance under the normal rules you will be sent a letter giving you the reason for this and letting you know for what period you will not be paid. You may be entitled to payment of Jobseeker’s Allowance under the Hardship provision.
What if you disagree with the decision?
You may ask for an explanation or apply for a reconsideration of the decision once it has been made. The decision notification will advise you how to do this. However, it may help your case if you are able to show that there was some information that was not known when the original decision was made.
You can also appeal to the Tribunals Service.
If you wish to appeal, ask for leaflet GL24DWP “If you think our decision is wrong” at your local Jobcentre Plus office. You should appeal within one month of the date at the top of the decision letter. Leaflet GL24DWP contains details about the appeal process and what happens at appeal hearings.
Where can you get help with your appeal?
You may be able to get free advice about your claim for Jobseeker’s Allowance from one of the following:
- Citizens’ Advice – Benefit Advice Centres – local Law Centres – Trades Unions Staff Associations – Solicitors (under the legal advice assistance scheme)
They may also help and represent you if you make an appeal.
What happens if you are in receipt of National Insurance contribution credits only?
If you are not entitled to, or have not claimed Jobseeker’s Allowance, you must still satisfy most of the same conditions before National Insurance credits can be awarded by the Secretary of State. If it is decided that National Insurance contribution credits cannot be awarded you will be notified by letter.
What if you disagree with the credits decision?
You may ask for an explanation or apply for a reconsideration of the decision once it has been made.
The letter will advise you how to do this. You can also appeal to the Tribunals Service.
What if you are a member of a joint claim?
The decision notification will be sent to both of you in a joint claim. If you disagree with the reason for the disallowance or sanction, either, or both of you can ask for an explanation, or apply for a reconsideration of the decision.
Either or both of you can also appeal to the Tribunals Service. If this happens both of you will be sent a copy of the papers that we send to the Tribunals Service and you will both be entitled to attend the tribunal hearing. If you wish to appeal ask for leaflet GL24DWP “If you think our decision is wrong’
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This guidance should be made available online by Jobcentre Plus.
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