Social Security: JSA Benefit Sanctions are Unlawful!
Post Categories: Appeal Tribunal • DWP • Welfare Reform
Tags: benefit sanctions, jobseekers allowance, jsa, social security, Social Security and Child Support, unlawful sanctions
Today we announce a start of a new campaign called “Unlawful Sanctions”. This campaign has been setup with its own website to highlight and fight the Jobseekers Allowance sanction regime with the campaign stating that benefit sanctions are an unlawful attack on the poor.
I have quoted a part from the homepage which reads:
The concern with the unlawful benefit sanctions is it is a loophole around the human right of social security. When you are sanctioned your claim for Social Security doesn’t end – you just don’t get paid. Your Jobseekers Allowance claim is still active and you are still requested to sign on. To most people like me and you can clearly see and understand that it is the point of benefit: to bring in money when you have none. The second aspect is, all offences resulting in a sanction are applied to your future claim thus again you are not denied Social Security (in the present anyway).
If Jobcentre Plus terminated your benefit claim and banned you from claiming for a set period – this would be against Human Rights
It continues…
It has not been tried that:
a) stopping a payment for a benefit is as good as terminating your benefit claim
b) preventing payment of a benefit for a set period is no different than banning someone from claiming for a set periodWe want to take this argument to court
I completely think this is a valid point. Comments welcome! Do you think the sanction regime is challengeable?
Link Summary
- Social Security and Child Support Appeal Tribunal: pathetic!
- Appeal Tribunal: 6 weeks, no money
- New Labour POLICY requirements: Are they bullshit or not?
- Jobcentre Plus unlawfully forces Claimants to sign off
- Do DWP withhold Data Protection Act requests for appeals?
- A4e to lose Flexible New Deal contract for fraud: other training providers also under investigation
48 Responses to “Social Security: JSA Benefit Sanctions are Unlawful!”
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It might just help if I posted the web address lol
http://www.unlawfulsanctions.org.uk/
I have added it to the page footer too.
I agree these sanctions are completely ridiculous just another way for the DWP to penalise jobseekers and need to go. early this year i was sanctioned for 13weeks for not attending a job interview with Prime Appointments.
firstly i knew nothing of the interview or heard of the company before
secondly i knew nothing about the sanction until my jsa money didnt go into my bank account.
i went to my local benifit office to find out why i had not recieved my benifit , i was then informed that my jsa claim had been sanctioned from last sign time for not attending the interview and was for 13 wks. to cut a long story after explaining that i totaly oblivious to this and i had not recieved any notifiction i was told i was lying but not in so many words pretty much thoe and there was nothing that i could do about it, didnt even explain that i could claim “Hardship” i later found out about that from a friend later that day. Luckly i didnt let it drop and continued to pursue this matter and appealed twice before my sanction was reduced to 10wks even thoe i had already served out most of this time be getting a response from the DWP.
Good luck.
Sanctioning people is ridiculous. But of course the coiunter argument is that without sanctions there’s no ‘incentive’.
So if you have to pay t travel to sign on and you are sanctioned you can’t sign on. But you still have to in order to receive your stamp and whatever crumbs remain for you to claim.
Yet another absurdity. So of course they keep the claim open and people are not forced into poverty – except of course they are.
Also if you live in the family home (whcih can happen for a variety of reasons), this technicality automatically excludes you from claiming hardship allowance (which is what you get if you are a) sanctioned and b) lucky). In my case that would happen and the resulting damage would be too much. I live with my mother; I’m independent (not that it’s anyone else’s business how i live my life) and i live in a rural community (HB wouldn’t pay for the rent round here!) and there’s no way i can expect her to fork out for me.
For who? the Jobseeker or the Jobcentre Plus staff?
.-= *** Last post: Jobseekers’ Work Experience: a bad deal *** =-.
Just wanted to add that tonight’s BBC Panorama (26/4) was a complete hatchet job and a thinly disguised attempt to promote workfare. Shameful and the comments from that fat tosser Digby Jones were disgraceful: starving people into work? Well I guess you won’t suffer for a while with those rolls of fat.
As was BBC 2 Newsnight last week and it didn’t touch on the irregularities in skills assessment and progression provision…just kept chanting the same nonsense about skills training will be provided for those who genuinely want to get back to work. NO!there isn’t, it is a post code and time lottery as to what you can access, not what you need.
my experience of these sanctions’ is that they are entirely based on unproven allegations’ that can often appear out of the blue.typically these are related to job centre applications that someone at the receiving end has claimed that they have not had a reply.this can leave the individual concerned in a stressed state if not prepared for such an eventuality.
while organisations at advertise with the dwp are fallen over backward’s the same cannot be said about the “customer” at the receiving end of all this,also there is evidence that they are handed out vindictively in some cases’ also.
fortunately i have had these attempts quickly overturned by “kicking up a stink” they dont like bad publicity and given some of the dubious tactics it isnt hard to understand why.
The problem is Ken – especially on New Deal and Flexible New Deal people are forced to fill in a “job lead log”.
Provider/Jobcentre Plus sometimes do “random audits” (pick on someone they don’t like…) and contact employers asking if the person has applied.
What isn’t realised (unless invited for interview/successful) that CVs and application forms are likely to be shredded or otherwise destroyed after the recruitment process (or during, for those that didnt meet the shortlist) meaning the employer wont have a record of who had applied and who hasn’t. This could be understood as a “no the person hasn’t applied” as likewise, the person is unlikely to be able to prove they did apply and if they are luckily enough to have such a record the sanction will just disappear as showing “good cause”.
As for “random audits” its a bullying myth against the passive receiver jobseeker stereotype… however, such logs can be abused via victimisation.
Well ken I wholeheartedly agree with you there.
Saw Stallag A4E DUDLEY 27TH Jan
Telehphoned BY Stallag A4E Dudley without themarranging this call. to mention a position as an IT Trainer.
Told my so called advisor/dictator that I wasn’t a teacher well I will leave it with you then but beacon said no the teaching certification is not needed but it was i checked the person spec out. Arranged an appointment to see me 22ng and asked me more well I can sanction you as thats not an excusesthey said beacon was actively encouraging unqualified people to apply.
in fear of getting sanctioned i did apply and got turned down.
A4E Had reported that I had refused a job on the 8th february and i was told this could of led to a sanction.
But it was overlooked and the manager smiled.
A4E Said to the dwp i was uncoperative with them and with beacon despite not actually seeing or meeting anyone from beacon. they shovelled so much crap my way. well I told a lady from the cab and got put through to a specialist for discrimination as i felt alot of the hassle iwas getting was due to the numbe rof kicks they got from the dwp. well they doing some work for me after confirming i have got a case against dwp and a4e
“my experience of these sanctions is that they are entirely based on unproven allegations”
Too true!
I work for an FND sub-contractor and in the last few months my colleagues and I have been spending more and more of our time trying to help clients who have had their JSA sanctioned for no good reason.
It’s this “got to tick the boxes, got to meet the targets” attitude to providing services for the unemployed that drives those of us who actually want to provide decent help and support to the unemployed insane.
Some days the only thing that keeps me going is righteous anger and a determination not to leave my clients to the mercy of those bastards.
Mole keep up the work. Maybe you could give us a heads up on some of the triks they use to get you sanctioned. And could you clarify the targets issue. targets to sanction people, targets to get people employed ?
The DWP FND Supplier Guidance is available on-line – check out section 8 for the official rules re sanctions for FND customers.
Kyron: I think your local press wouild have a field day if they got hold of your story. You’ve had nothing but problems since Day 1. But all credit to your for trying to expose the lies and deceit, and your fight for justice.
Thanks for saying that Funny pictures. I am far better off than some of the poor sods the dwp and third party providers have stitched up. I would humbly suggest you take a look at some of the stuff in the DWP Beaurocratic incompetence. Thats got some really harrowing stories
I have just been having a traw around the internet is the below line from the following site correct. http://libcom.org/library/dole-autonomy-aufheben
increased quotas/performance related pay (i.e. pay was to be more closely linked to how many people were pressured off the dole).
Thanks for the link, Kyron. Fascinating article, well written and very thought provoking.
i have never quite understood that refused a job and you were not even offered it,the whole thing is just underhanded tactics/deceit a set up and a fall guy scenario “stitched up” is not a wrong term to use.
Well… New Deal and Flexible New Deal are Employment Programmes
Thus it is treated as if you gave up a job.
“Employer: YMCA Training” … Wtf?!
further to this its totally disgraceful to try these tactics on a disabled person,its quite right that to bring in a disability organisation to investigate these people,uncooperative would have been more appropriate when denying documentation and facilities in suitable print form as they are required to do as under the disability discrimination act,termed reasonable adjustments.
it further looks to be the case there is a deal of “concern” by a voluntary organisation brought in to prepare people with disabilities for work/interviews’,the job centre come under a less then favorable spotlight, the reply being “every one say’s the same thing” was the reply received,and went on from there.its just not working.
if memory serves correct it was peter hain a former minister who was forced to resign in a donation scandal,was stating that the need for medication for those out of work and those with depression were better served by the workplace,yet the same department of the former mr hain has increased the need for medication/depression/anxiety levels for the above by the antics’/behaviour of dwp staff even affecting what would be considered people without previous problems’ in fact triggering mental health issues.
it might be well gordon brown labeling people as bigoted who dont see eye to eye with his thinking,however when everyone is saying the same thing/organisations brought in help are seeing the problem also this cannot be said to be true,it underlines a position of refusing to listen and total arrogance to the whole problem of government’s policies of dealing realistically of unemployment its consequences and long term affects’ and trying to what tantamounts to little more then bullying behavior of a thug.
Absolutely! The fact is there is a new unemployed demographic and the FND is not offering any real access to progression back to work or programmes to anyone who has middle and higher level skill abilities. The answer is to give up on those who genuinely want help and penalising those who genuinely cant work due to disability.
I dont see how a sanction on income based JSA can be a lawful sanction. The amount of benefit as stated in your award of benefit letter is “the min amount the law says you need to live on”. Reducing the amount by imposing a sanction is to reduce the amount the law says is the min you need to live on to less than the amount the law says you need to live on.
A very good point. Thanks for suggesting it.
At the jobcentre I use, when sanctioned, a claimant is told “you must go downstairs” (at this centre we all know this means a sanction), but the advisor raising this “doubt” about our job-seeking will not tell you what the problem is when asked.
When you get downstairs you are made to fill in an “Insuficient job search stencil” (local JCP description), this is a form that is not an official DWP/JCP document and has no official number to identify it. It asks you “why you did not do” the things that your job-seekers agreement expects of you?
However even at this stage this jobcentre still refuses to tell you what they allege you havn’t done properly.
As you have the right to apeal, you cannot do so because you don’t even know what you have been accused of! In my case, even after the appeal I did not know the alegation against me, this is very common here.
So a question, apart from the legal amount required to live on being breached, is the “not knowing what you’re accused of” and therfore not able to defend yourself against the allegations, case for a legal challenge?
By the way I won my appeal simply by sending copies of my ES40 job search book (and evidence to back it up) to the appeal panel.
Hi Leslie,
Brilliant news and one thats great to wake up to
Its good to hear that some appeals are won!
Case for a legal challenge? Probably not. (The appeal against) Unlawful Sanctions (www.unlawfulsanctions.org.uk) is trying to build up a case regarding sanctions in general but this could be flawed by internal corruption within the so-called justice system. The major problem with this is, Unlawful Sanctions wants a change in the law and withdraw sanctions altogether, however, if the case was successful it would probably be felt that every person awarded a sanction in the past that didnt win the appeal would and should be able to claim back such monies with interest.
Of course, the Justice system would throw it out as the Government hasn’t got some billions (my estimate) to reimburse claimants.
You could try the small claims court from the point of view of such false allegations and for compensation to go with it but Jobcentre Plus would probably claim immunity or a judge throw out the case claiming that Jobcentre Plus was in the right to withhold benefit under the circumstances. It would be more successful to sue the staff member, however, finding the right person or persons to persue can be difficult (i.e. just because the BDC is corrupt and a Decision Maker awards the sanction, as they do by default, its the false allegation reported to them that is the problem). There is also the point of view that as you won your appeal you aren’t out of pocket (I doubt they will understand the difference between dates of payments being so far apart) and unless you have documented evidence to suggest you were forced to live ina bus shelter or anything to a similar extreme nature compensation in general is out of the window.
The system is crap, right?
Tomorrow I go to the slaughter, ready for 3/4 of the appeal to be filled with discreditation of my character and the trouble I have had getting back to work. If (as I have read by the other comments on Tribunal experiences and sanctions) this does happen I will make sure that the following is raised:As stated by your good selves in the Unlawful Benefit Sanctions;It has not been tried that b)Preventing payments of a benefit for a set period is no different than banning someone from claiming for a set period.
As you rightly state it is a contravention of The Human Rights Law and specifically “International Convent on Economic, Social and Cultural Rights” Part III, Article 9.Article 11, 1.2. Article 12, 1.
With regards to the pitiful training not available beyond NVQ L2:Part III Article 13,1.3.
With regards to Work for Benefits:Part II Article 3/4/ & 5,1. Part III Article 6,1. 2. Article 7 (i)& (c) re work placement and fair pay. Well £1.60 for 40 hrs at £64 per week, not exactly minimum wage is it and a contravention therein.
The good points made by Martin Langley (Hail Martin!)Re: Sectorisation/Vericalisation (judged on time unemployed not ability)and my own on Streaming and Intellectual Discrimination (UNESCO)and contradiction of their own legislation.
Wish me luck guys, all I want is access to real progression, just think what else I could be doing had I had it.
I have received no money now for 7 weeks, lived rough for 3 days and almost took my own life through all of this and the Jobcentre really couldn’t give a hoot.
Here is what happened………..
I received a letter some time ago advising me that a query had arisen regarding my claim for JSA and was being investigated. Returned all of the paperwork back and heard nothing. The query was in relation to a Job that apparently was given to me to apply for from the Job Centre.
I then received a letter advising me that my JSA has been stopped for 6 months, 7 weeks ago.
Went into the Jobcentre and was told that it was Sanctioned and that I needed to make an appeal but in the meantime I could apply for a crisis loan.
Filled out more forms. GL52 I believe it was called and returned.
Applied for a crisis loan over the phone and told I was not entitled to it as my JSA was sanctioned!!!
Waited another 2 weeks and received another letter with a response that the advisor confirmed that I was given the details and seriously is complete and utter rubbish. With please respond to the comments.
This time I wrote a headed letter and got it faxed through to the relevant department via the Jobcentre and this was my response.
“As previously explained, I was not aware of the vacancy for Lumen Electrical and therefore confirmed that I did not apply for this. I may have discussed this vacancy with the advisor for the said employer, but the name didn’t ring a bell nor any paperwork for this vacancy was given to me on the day. As for you stating that the advisor confirms that I was given the details is total rubbish. I can confirm I was given no details.
On many occasions in the past I have had to ask for missing paperwork in relation to jobs as the advisor hasn’t checked properly and still on the printer due to a shared facility.
Since receiving the initial letter regarding the query arising I have been printing off all applications I make by e-mail, letters sent and the responses I have received to prove that I am actively looking for work and applying.
I have always been actively applying for jobs, up to 6 jobs per week from other sources but the JobCentre are never that interested in what else I am doing to find employment.”
I have lost count how many times I have called to find out what’s going on and frobbed-off.
Only told last week by my advisor that I can apply for hardship payments!!! and my question to them was why was I not advised of this in the first place and frobbed-off again and told that they should have advised this and that and in reality they don’t know their heads from their asses.
I have now been on a work placement this week and question whether this is right if I am receiving nothing but if I didn’t attend would I have had my JSA affected even more and more problems, so have complied with this. Oh and I get an extra £15 per week for 13 weeks!!! That’s a joke too? right?
Also have signed on as normal and since this bullshit started have printed of everything with regards to job applications made, responses and employment agencies contacted and have taken in everytime to my jobcentre advisor who shows no interest whatsoever.
Prior to being out of work a year and a half ago I had worked for 20 years and paid contributions like everyone else.
I feel the way I have been treated is unethical and morally wrong and then they wonder why people freak out and flip, when they are playing with peoples lives. I was on the verge of it trust me!!!! No wonder there are so many G4S security.
I’m sure I’m not the only case like this and really hope no one else goes through what I am still going through.
On a good note…… Yayyyyy I have a job to start a week monday and self employed so they can kiss my a**. But I will fight all the way to get what is owed to me and let you know the outcome.
Happy Job Hunting and Good Luck, it’s not easy!!!
Thanks for the post I really fear for how you have been treated as I think a number of people have been treated the same and have committed suicide. I think someone needs to make an FOI for suicide rates
It Is hard to say what to do but If i was you I would write letters complain, and talk to your local M.P even the press if you can face it. Time the stuff these asses were pulling was aired.
And yes go for it nothing ventured nothing gained go for the money and remember something important if they are spending time dealing with you it means they gotless time o bully harrass and intimidate other people
Good luck, Jason T. Kyron’s right, you should complain to your MP and also see if your local press would be interested in your story.
The more people complain about bad treatment the more the jobcentres will be tied up responding to complaints, and this affects their targets the more it costs them in the long run.
Thanks for the support guys and your responses.
**Update**
I received 2 letters on Saturday 5th June from new deal.
One to tell me how much I will be paid while taking part in New Deal.
“From 31 May 2010 to 27 August 2010 we will pay you £80.83 each week. This is £65.35 allowance plus a grant of £15.38 plus £0.10 income-based Jokseekers’s allowance.”
The other to tell me that they have paid £15.50 into my account for the period 30 May 2010 to 5th June 2010.
But have not had nothing back about my appeal and I bet all that was put into Bank was £15.50. But then I’m sceptical anything has been put in there. Will find out tomorrow
and update.
I expect one computer system is not talking to the other or somebody has realised they have screwed up and trying to hide that fact.
Found out some interesting info too and that is the time the Sanctions are based on. Unless it has changed.
“You will lose two weeks’ benefit for a first “offence”. If you offend again within twelve months of the first offence then you will lose four weeks benefit. This does not apply to the Gateway to Work scheme where sanctions are always for two weeks.
You will lose twenty six weeks’ benefit if you commit a third “offence” provided that this occurs within twelve months of your second sanction.”
Interesting as this is my First ever santion through no fault of my own, but got whacked with the maximum sanctionable time too.
Sanctions dont take place when you are on New Deal. (As far as I am aware). The sanction should start/continue after New Deal has finished.
I think it unreasonable for you to state that sanctions are not valid if a claimant does’nt follow the rules.
This is a contract which you and the DWP agree!
If your able to sign on (but not paid)when your sanctioned why the hell can’t you do it when your summoned and are paid!!!
please advise….
Happy signing and get paid your benefits.
Hi John,
I am not a current claimant (if your comment was referred to me)!
.-= *** Last post: Former Labour MP Nick Palmer signs on *** =-.
i would really like to add like so many others i have found my self out of work due to current situation of the country. and have been for over 12 months not something i like, becouse i earnt a lot of money before ression, i now get by on the meesally handouts this goverment gives for us to survive. i now am being threatend with sanction and all money stopped unless i comply with there rules.i do respect we need rules in place but not for fear tatics on basic survival. what these so called govermant officals who i respect have earnt there postion in society dont realise is that if you get your self in this postion we dont need to be treated like cattle. what i am tring to say is were is our rights to eat of the land. i didnt ask to be born. but i am born equal with the right to live. there is enough land in this country to feed all other countrys yet we pave over it and force people to work for food. if they stop money what are your options comon i will survive the best way i can freedom first then state fed and bed will be next costing them more in the long run
Well Huey you are right but it makes cheap and easy point scoring by the government. the lazy unemployed. is wat they so often like to use. Nothing could be further from the truth. And we have no rights. We shall all be sold pretty shortly into slavery. WORKFARE/Work for You benefits. As human rights say any labour that is coerced labour through means of threats is ilegal this country actually signed up to this in 1930. and the slavery act 2010 doesn’t count the unemployed eithers.
UNEMPLOYED = LAZY SO therfore we should exploit them and have a kick at them wherever possible.
Stand up for your rights, complain, write letters, talk to MP alo look into income support
The way the jobcentre is ran is pathetic they expect you to apply for phantom jobs for a start! The trainining courses they offer are of no use to the majority what so ever im sure what they do offer are helpfull to some but what about those who want to aim higher and be able to apply for the only vacancys they can that are just out of reach in a qualification sense but clearly cannot afford a private course? But are willing to learn and better themselves to be more competetive in the job market if you can call it that?
And the folks that work in there seem to have no thought for human existence at the click of a few buttons they can really make your life a living hell and i do know by experience some of these people do have a god complex and know damn well the power they possess its sickening maybe they should have some kind of psych test before they take them on?
And then make them live in our shoes for a month see what its like the other side of the desk eh?
I wonder what there going to make of me being a pre-op Ts i should think thats gonna bring some prejudice out the bag! Well if it does they will be exposed!
Totally agree , i was sanctioned for 1 week for failing to attend a weekly interview, i was sick and phoned my advisor but she denied my call . I said i was going to appeal and complain. Now my JS has been cancelled along with housing and coucil tax benefit. Have to go in next week to make a rapid reclaim. Had no money for 3 weeks. The advisors have way to much power and are able to allow their personal feelings to dictate the service you recieve. I thought we lived in a democratic society feels more like a dictatership.
I attended New deal and on the last week I managed to get a work trail on the other side of London The very day I was meant to start my lovely unpaid job my new deal oyster card expired and so did my claim! I had to make a rapid reclaim and totally missed any chance of being successful on my work trial as zero money would not have paid for my travel let alone anything else!
After finally receiving my J.S.A 4 weeks later I received a phantom letter I did not receive I do not know if the postman was at fault or not but and I missed an interview luckily I appealed and they did not sanction me but 2 weeks ago I lost my job search book and they did sanction me! I have been 2 weeks so far with out money I had to sell my phone and now I cannot contact or be contacted by potential employers!
New deal raw deal theses 3rd party providers are providing nothing at all and making money from it! I was meant to be provided with a passport a c.i.s card and a suit but all I was offered was 12 pounds to go to Primark and get a suit and no I.d and no sweet f.a !
I have another 2 weeks with out money and I am have since lost contact rights with my 3 young children be cause I just cannot afford to see them and their mother has taken away my access! Who gave these people the power to mess up soo many lives? All I want is a job so I can maintain my relationship with my kids I am not lazy and job shy!
Stew: As a last resort you should contact your MP, or even you local paper.
These sanctions are discrimatory as they put greater pressure on those in the greatest need. Single young people often have very little to lose financialy. Families and lone parents and older people can (in extreme cases) find themselves having amenities diconnected or even being evicted.
The very existence of sanctions suggests organisational predjudice. If all people are treated equally and with respect, the system has to assume that all people are trying thier best to find find work and may require some help. This system starts with the assumption that all people submitting a claim are potentially lazy scroungers who need bullying into work with threats of financial punishment. How can this be lawful?
My benefit was sanctioned for two weeks. One complaint was that I did not use the jobpoints in the jobcentre to look for work. Eight of the twelve were not working ????????. Mmmmm I spoke to security some weeks later and they did confirm that the numbers of people in these areas can contribute to health and safety issues and need to be kept to a mimimum.
Owe can use the internet at the local library, however we cannot phone employers. So I intend to spend a few hours in my jobcentre using jobpoints and phones because afford to pay for phone calls. If enough of us do this they will be demanding we do NOT use the jobpoints and phones for health and safety reasons.
Most of us are in and out as quickly as possible. It is not a friendly place by design.
TOP TIP ….Sit in
What other reasons?
The Social Security Commissioner (see http://www.newdealscandal.co.uk/flexiblenewdeal/2010/01/24/actively-seeking-employment-social-security-commissioner-decision/ ) states it doesn’t matter what method you use to seek jobs – if alternatively you have used the website and done the 2 or 3 steps a week thats enough.
i have read all the comments an bit worried as ive just had a letter tellin us we are going 2 weeks with out money with have 3 kids also an now have just been told our housin has stoped im panicin as if i donrt pay rent i will be chucked out an i cant afford to pay it myself my partner has applied an even the plp at the jobcenter in norfolk cant understand y they stoped as my partner already excpaned y he didnt make it an they said it was ok not to worry then we get this letter wat should i do? thanx for ur time
What are the ages of the children? I will research it on your behalf but to my understanding those with young children are almost exempt from sanctions because of fears from a knock on effect.
Also, what was the reason for the 2 week sanction?
I got my first “doubt has arisen” letter today. I have been signing on for a few months and was on ESA before that. I guess I get no money for 2 weeks now? The letter also says “please see the enclosed leaflet ESL48. It is important that you read it. [second sentence in bold]“. Unsurprisingly, this leaflet was not included with my letter.
I applied for 4 jobs in the 2 weeks that the letter applies to and have proof for this (all were applied online or by email and took me a while as all required different applicaitons). My problem might be that I didn’t fill in the jobsearch booklet particularly well. Then, during my signing on, I was given a form to fill out which I couldn’t fill out because I didn’t have any of the details of the jobs in front of me. The advisor didn’t seem too bothered that I hadn’t filled it in and just asked me to bring proof next week. So I am a bit surprised.
If they sanction you: Make an Appeal including evidence of the jobs you have applied for and the steps you done to look for work.
You have to provide evidence – and must do 2-3 steps per week… it seems you would match that well.
You are not required to complete the booklet as such. It just your way of proving what you done to look for work. They cannot punish you for not filling in the book and for what you not done. They have to apply the positive test i.e. that you had done. Considering the circumstances, you couldnt prove what you did to look for work which gives them a valid reason to raise a doubt… however, now you have the evidence of what you actually did do… they must change their decision.
It is not an “error of law”: they clearly assumed that you couldnt provide evidence or particulars of your jobseeking activities because you didn’t do any. This isn’t true but you were on ESA, so do (did) you have a disability related to your failure to provide details (memory loss, learning difficulties etc.)? If so, then you might have a case in regards to them not being reasonable to your circumstances. This might be something you should remind them in your appeal.
Don’t worry at current: Doubt letters are something to be concerned about but not worried. It is when they send you an entitlement letter saying they cant pay you. It could be up to 6 months. You dont need to appeal yet because you have not lost any money.
Please See: http://www.flexible-new-deal.co.uk/2010/01/12/flexible-new-deal-esl48jp-entitlement-doubt-guidance/ (No one receives an ESL48 – its naughty really)
So they have requested information to help their decision? If so, make sure you respond with the evidence… and make sure you do it ASAP (dont rush it though) as they give you a silly deadline to comply. If you dont get a chance to make a comment then they will (99.9%) sanction you.
Thanks for that. I didn’t fill in the booklet very fully (i.e. I missed out writing “Wait for a reply” after every application because it makes me feel like an idiot). I did roughly note the reference numbers from the job centre website, but the adviser wouldn’t let me use their computers to find the company names so I couldn’t fill in the second form properly.
The advisor also said that I “had refused a job search”. He asked “Do you want me to do a job search for you?” And I said “No thanks”, as the same 6 jobs show up every week. It was just a factual reply
The letter doesn’t ask for any evidence. Presumably that means I am getting a sanction? Is 2 weeks with no money the most they can do for a first “offence”? Or am I looking at months?
It might be a good idea to write back to them and give them the evidence. They are only not requesting it to give them greater opportunity to sanction you. For the cost of a post stamp plus cost for paper and an envelope… if that saves your benefit it will help you. Of course, you are buying convenience, you wont be better off as you are having to spend money just to get your legal entitlement but its better then going through the appeal system.
Plus the cost of visiting an internet cafe and 20p per printed sheet because I don’t own a printer. I am going to print off my sent emails & acknowledgements and send them to the jobcentre, just to prove I wasn’t lying if nothing else.