JSA sanctions - Advice needed please.

Atomicide

Im posting this on behalf of an ex collegue who is currently facing the prospect of JSA sanctions for leaving work voluntarily. There are valid reasons behind it, but thats not what I need to discuss.

Basically she left work on Sep 1st 2010, signed on 6 weeks later after a few interveiws etc fell through, and is now waiting on a decision on a possible sanction.

Am I right in thinking that the sanction is a maximum of 26 weeks from when you left your job, or have I got this wrong. She has received benefits in full since she signed on. Would this mean that because they have been paying her already they can "move the goalposts" so to speak and apply sanction up to the 26 weeks from the date the decision is made? Or would they basically be able to apply a maximum of 8 weeks due to the fact its already been about 18 since the job ended?

She advised she has savings in place to cope with a sanction of about 10 weeks or so. Im trying to get her to contact CAB as well with details incase it is worse than she expects, so that she can appeal any decision.

Thanks for your time and help.

Caz3121

Sanctions apply from when the claim is made not when she left the job

CCFC_80

As you say If there are valid reasons behind why the job was left voluntarily which you haven't discussed, sanctions may not necessarily apply as the decision maker who is supposed to act independantly would decide on that matter.

pebbles88

it may be that the reasons or leaving her job are valid in the decision makers eyes so it may be possible she wont receive a sanction

a sanction can be anything from 1 week up to 26 weeks. if she has extra information that she may not have put in the form when she gave her reasons for leaving she can appeal against any decisions.

it may take a long time for the decision to come back. try not to worry too much until you know whats happening.

Atomicide

Caz3121 wrote: »

Sanctions apply from when the claim is made not when she left the job

Ok, so in this case, she will have been on benefits for a total of 12 weeks or so at this point and has been recieving her money. If, hypothetically a decision was made today for example, and a sanction of 16 weeks was applied, which of the following would be right.

1) 12 weeks since she signed on, so they can only enforce the sanction for a total of 4 weeks to make the 16.

2) Because she has been in receipt of benefit for 12 weeks already, they can use this fact and say "We are applying the 16 weeks from the date of the decision due to the fact you have been getting benefits paid for the previous 12 weeks.

I do understand that "valid reasons" means she could face little or no sanction at all, however what we see as valid and what a decision makers deems valid may be different. At this point i'm just trying to advise what a "worst case" scenario is likely to be.

I would list the details behind her leaving, but the information I have is long and messy, and it's not really something I need advice with, at least not at this point.

dmg24

Atomicide wrote: »

Ok, so in this case, she will have been on benefits for a total of 12 weeks or so at this point and has been recieving her money. If, hypothetically a decision was made today for example, and a sanction of 16 weeks was applied, which of the following would be right.

1) 12 weeks since she signed on, so they can only enforce the sanction for a total of 4 weeks to make the 16.

2) Because she has been in receipt of benefit for 12 weeks already, they can use this fact and say "We are applying the 16 weeks from the date of the decision due to the fact you have been getting benefits paid for the previous 12 weeks.

I do understand that "valid reasons" means she could face little or no sanction at all, however what we see as valid and what a decision makers deems valid may be different. At this point i'm just trying to advise what a "worst case" scenario is likely to be.

I would list the details behind her leaving, but the information I have is long and messy, and it's not really something I need advice with, at least not at this point.

Option 2 is correct, she would be sanctioned from week thirteen onwards for sixteen weeks.

Atomicide

Caz3121 wrote: »

Sanctions apply from when the claim is made not when she left the job

dmg24 wrote: »

Option 2 is correct, she would be sanctioned from week thirteen onwards for sixteen weeks.

See im having trouble understanding how both these statements could be correct. How can a sanction apply from the date the claim is made, and also apply from the date the decision is made?

I'm guessing based on these replies that the 6 week period in which she waited after leaving the job and before signing would not be taken into consideration and deducted from any possible sanction?

dmg24

Atomicide wrote: »

See im having trouble understanding how both these statements could be correct. How can a sanction apply from the date the claim is made, and also apply from the date the decision is made?

I'm guessing based on these replies that the 6 week period in which she waited after leaving the job and before signing would not be taken into consideration and deducted from any possible sanction?

In an ideal world, sanction decisions would be made on the day that the award is made, but it is not possible for that to happen. So both statements are correct, just one is the theory and the other the reality. The six week period will not be counted.