Jobcentre Tribunal

crs281

I'm due to attend a tribunal in September, so was wondering if anyone could tell me of their experience of a tribunal.

I left university in January and applied for Jobseekers allowance, but they required a letter from the university saying that I had left the course, so I contacted the uni and they said they would send me a withdrawal letter. A few weeks past and I still had not received it, in the meantime, I was in contact with the Jobcentre weekly, informing them of the situation, and I completed the weekly jobsearch and signed on fortnightly.

I contacted the uni again asking where the letter was, and they replied saying that they sent it to student finance, and not to my home address, so I had to ask for another one, which I forwarded onto the Jobcentre once I had received it, which was in March.

I waited a week then contacted the Jobcentre, where they informed me they had closed my claim, so I had to make a new claim, where I asked for it to be backdated, which was later rejected, on grounds that I had not provided the withdrawal letter in time.

I appealed against this decision on grounds that the letter wasn't supplied due to a factor beyond my control (the uni sending the letter to student finance, and not to me).

Then the jobcentre changed the reason as to why I wasn't allowed my claim to be backdated, they now said that it was because I "may not have taken sufficient steps to find work". So I forwarded my Jobsearch booklet onto them, but nothing came of it.

I received the Tribunal forms a while later, which included the Jobcentres response, who are now saying that I had not made a claim in January, and the only claim they had was the one I had to make again in March, even though I was signing on each fortnight, so I'm pretty confused about it all.

Included in the Jobcentres response are call logs that I had made when I made my first claim in January, which actually say "new claim", and there are records of where I signed on each fortnight, and where I attended a back to work session.

It's as if the Jobcentre keep changing their story as to why I cannot get my claim backdated, but I don't know how they can say I didn't make a claim in January when their own records show that I did.

I'm quite confused about all this, so any help or advice will be of help.

jhorsfield30

I would get a solicitor involved aswell as the citizen advice to put on the pressure to the records in a regional DWP office, to get your full claimant history, which your entitled to.

cassieB57

It sounds like the first claim you made was treated as a 'defective' claim-that is one which is not made in the 'prescribed manner'; this includes a claim where supporting evidence has not been provided within the one month time limit. However regulations allow for the fact that information had to be provided by a third party (ie the letter from your university) where it is not practicable to obtain the evidence from the third party within the 1 month time limit. You are entitled to ask for all the information held including copies of JSA notes and conversations which should prove that a. you did make a claim, and b. the decision made to treat that claim as defective. They should have sent you all the paperwork anyway if you have appealed. I agree with asking advice from CAB; and writing down as far as you can remember everything that happened in sequence, when you called them, what was said etc

Benefits_Bod

I broadly agree with Cassie.

As for the appeal, be prepared - write down what you did when (for your own ease of reference).

A Tribunal should operate independently and the hearing should proceed on an inquisitorial basis, not adversarial. In other words, the Tribunal's job is to arrive at the correct answer, not get bogged down in the best presented argument.

Further, all parties (including the DWP) are required as a matter of law to assist the Tribunal. This leads neatly onto the info and documentation provided by the DWP for the Tribunal. If you believe documentation is missing, you should write to The Tribunals Service and make a request for a Judge to issue a Direction requiring the DWP to provide ALL evidence / documentation / records related to your case. The DWP has no legal right to refuse such a request.

If the DWP refuses, or simply doesn't bother, ask the Tribunal to consider drawing an inference against the DWP in your favour.

In terms of argument, I would be arguing not only for the backdate, but also that the DWP's "closure" of the earlier claim was unlawful with the Tribunal being asked to direct the DWP to make a formal decision on the earlier claim. For information, if the DWP says it did make a decision, such a decision has no effect until / unless it is notified to you (there is case law on this).

Based on the information given so far, I don't think you need a solicitor - just a clear head and sensible preparation and knowledge of what you did when. CAB *may* be able to assist in pointers for arguments, but the quality of CABs varies greatly.

crs281

The JSA appeal was heard in September, but was adjourned, as the DWP response totally disregarded my 1st JSA claim (which they closed), and tried to say that the 2nd claim could not be backdated because I had not made a claim in Jan 2010, but all the evidence I provided proved this untrue.

The 2nd hearing was last Wednesday, 4th May. Was only in there for 10 minutes when the "judge" (or whatever they are called) said that the appeal would be successful, based on the evidence I provided.

So the question is what happens now?

Will the housing and council tax benefit get backdated along with the JSA?

And will I be able to claim back court fees? As I was sent to court twice for not being able to pay rent/council tax, which was the direct result of the DWP closing the JSA claim, which left me with no income for 2 months.

The tribunal "judge" said that my 1st claim should not have been closed, so it's a case of maladministration, is there any compensation route that I can pursue?

WPN

Social Security & Child Support Appeal Tribunals have no powers to enforce any decisions they make.

DWP chooses whether to comply or not. In the majority of cases they probably play ball.

dmg24

WPN wrote: »

Social Security & Child Support Appeal Tribunals have no powers to enforce any decisions they make.

DWP chooses whether to comply or not. In the majority of cases they probably play ball.

Can you give an example of any benefit appeals where they have not?

Cpt.Scarlet

WPN wrote: »

Social Security & Child Support Appeal Tribunals have no powers to enforce any decisions they make.

DWP chooses whether to comply or not. In the majority of cases they probably play ball.

Tribunals are convened under the relevant Social Security Act, for all intents and purposes they are as legal as a criminal court. The only way that the DWP can avoid following a Tribunal decision is by appealing to the Upper Tribunal, which they can only do if there has been an error or procedure or law.

WPN

I am going by what I was advised at an SS&CS Tribunal First Tier. Their decisions remain as "independent" etc.; perhaps I wasn't too clear, if a tribunal rules in your favour, you have won, but they do not hold the power forcing DWP to make payment. Just like in court, you can win but you have to take further action to enforce payment.

real1314

WPN wrote: »

I am going by what I was advised at an SS&CS Tribunal First Tier. Their decisions remain as "independent" etc.; perhaps I wasn't too clear, if a tribunal rules in your favour, you have won, but they do not hold the power forcing DWP to make payment. Just like in court, you can win but you have to take further action to enforce payment.

But you don't. DWP either accept the deicsion or appeal against it. If they don't appeal, they have to pay the relevant benefit.
Sometimes the wheels turn slowly in terms of making it, but they still have to pay it. You don't need courts, bailiffs or any other enforcement action.
It would just be a case of complaining through the relevant channels as with any other DWP "failing". :cool:

crs281

So does anybody know if the housing/council tax benefit will automatically get backdated too? And if I'll be able to get the court charges refunded?