Job Centre Depts. giving conflicting advice - who'r right?

alwaysonthego_2

I see, thanks for that!

dookar wrote: »

I see your point, but the tribunal decision is not binding on the decision maker.

tsimehC

Cozworth806 wrote: »

The decision making admin may be at local JC, but I would be surprised if the processing unit were not aware of the reasonableness test being applied. If that is the case then note any addresses that the letters come from, whether from JC or BDC, he should have been able to give further info, and I would address it in writing to both JC and BDC giving fuller details of the HR dispute and appeal process he is going through whether they have now asked for it or not.

Playing by the rules, a Decision Maker cannot be based at a regional or local benefit office. Coincidentally, I found this out today.

von

Hi, your OH's claim should not be delayed pending a decision by the DM regarding dismissal from his last job, this should all be going on behind the scenes. In the meantime, the processing BDC (Benefit Delivery Centre who assess and pay benefit) should be taking the necessary steps to process his claim, hopefully resulting in a payment. If the DM decides at a later stage that he should be sanctioned due to his misconduct his JSA payments will be stopped and he can claim hardship. Your best bet is to ask the Jobcentre for the telephone number of the BDC dealing with his claim and give them a ring to find out when his claim will be processed. Hope this helps.

bigbill

If your worried about a sanction, switch claimants, you have no possibility of being sanctioned.

greendollar

Went through much the same myself when I was dismissed.
Being sanctioned meant that my payments for JSA were to be reduced by 25% because JCP deemed that I had made myself "intentionally unemployed".
JCP contacted my employer to find out why I had been sacked and based their decision on what my employer told them.You need to get your side across and let them know your going to Tribunal,has your claim been accepted?Give them the case number if they have.
I appealed the decision on the basis that I too was waiting for a Tribunal and that by sanctioning my JSA JCP were pre-judging the outcome.
It worked as they back dated my payments and i now recieve my full JSA.
My advice would be go to your local CAB as they can by-pass the usual drones at JCP..."someone will call you back in 24hrs" and talk directly to the decision makers as you have been waiting for an unreasonable amount of time in my opinion.Good luck

alwaysonthego_2

greendollar wrote: »

drones at JCP..."someone will call you back in 24hrs" and talk directly to the decision makers as you have been waiting for an unreasonable amount of time in my opinion.Good luck

The CAB can not usually get to talk to the DMs it is a matter of waiting for them to make their desicion, a CAB adviser would not be able to hurry them along.

greendollar

Well,I'm just going on what my CAB advisor has managed to do for me.There's no doubt that when someone is suffering from financial hardship and desperately need the money due to them a phone call from the CAB can definately get things moving.....as I said I'm speaking from experience.

alwaysonthego_2

greendollar wrote: »

.....as I said I'm speaking from experience.

So am I

greendollar

I'm glad I've got my advisor and not yours then.

alwaysonthego_2

greendollar wrote: »

I'm glad I've got my advisor and not yours then.

An CAB adviser does not have the automatic right to speak to a DM, it is up to the DM, but usually they will not speak to the CAB because unless they are taking an excessive time to make a decision the CAB cannot do anything to speed this up. If the DWP are taking ages the CAB can help a claimant put in a complaint.