JSA Sanction - Urgent Advice please!!!

Blueeyes21

allen35 wrote: »

Alternatively, the client may wish to contact the Jobcentre Plus Chief Executive. The address of the Chief Executive is:-
Jobcentre Plus
Chief Executive
Room 607
Caxton House
Tothill Street
London
SW1H 9NA

Tel: 020 7273 6006
Fax: 020 7273 6143

:j
Thank you so much .. because trust me I have spent the last 24 hours trying to get legislature, information, rules and regualtions to try and help this guy.
I have a home, internet connection, phone and the means to get around and still can't get him any help, so god knows how it has been for him. :sad::shocked:
So thank you for the above.:beer:

I'm gonna wipe the floor over this.:mad: On his behalf.

jamespir

Blueeyes21 wrote: »

This is all irellevant now but lets say he did speak to the local council at 5pm yestreday.
Lets say they offered him accomodation, lets say they even gave him free economy lightbulbs.

How does he eat?
What does he cook on if he stole potatoes from a nearby shop?
How does he put Electricity on his meter?
How does he put Gas on his meter?

What would have happened had he arrived in the country yesterday, with no family, no home, and no way to speak the language.
What would have happened to him then?:question:

he doesent have to steal they would put him in a hostel and let him know where his nearest soup kitchen is and they give food to the homeless

Blueeyes21

jamespir wrote: »

he doesent have to steal they would put him in a hostel and let him know where his nearest soup kitchen is and they give food to the homeless

Would he not have to have paid to stay in a hostel?

jamespir

Blueeyes21 wrote: »

Would he not have to have paid to stay in a hostel?

no they would allow him to stay for free

stuart30

Blueeyes21 wrote: »

This is all irellevant now but lets say he did speak to the local council at 5pm yestreday.
Lets say they offered him accomodation, lets say they even gave him free economy lightbulbs.

How does he eat?
What does he cook on if he stole potatoes from a nearby shop?
How does he put Electricity on his meter?
How does he put Gas on his meter?

Thought he was homeless..so where has the meter come from,there normally attached too a gas pipe or electricity supply.

If he has these items about his person i do hope he disconnected the supply safely.

What would have happened had he arrived in the country yesterday, with no family, no home, and no way to speak the language.
What would have happened to him then?:question:

Probably the same as a load of east Europeans did near me...find a wooded area and set up home,its basic but amazing what you can do with a little hard graft and a bit of thinking outside the box.

Welshwoofs

I'm so glad I took the time out to help and I must say it's particularly nice to have that help acknowledged.

Oh wait....

cassieB57

Blueeyes21 wrote: »

He fits the criteria .. how is he not entitled to IS?:question:

He is not in a 'prescribed category' -see the end of my post - or allen35's link which was so much shorter than mine! (though I have given all the categories)

tcr_3

Crisis Loans won't pay out because (1) it'll undermine the hardship decision if they do and (2) crisis loans aren't for continuing need, they're just for one off situations (and are only awarded for a max of 14 days for living expenses anyway). So the crisis loan decision sounds correct, no matter how cruel some might see it.

Hardship refusal ? Well, it's difficult to say without knowing what the friend's said on the application. Hardship forms are worded in terms of "what will happen if we don't pay hardship?" ... and if your friend's said "oh my Mum will help me" or "my friend on MSE will take me in & feed me" then, well, the hardship decision's probably correct too, unfortunately.

To successfully get hardship you've got to say that there's no help available from any source whatever, any deviation from that line & there's every chance they'll turn you down. And if the hardship claim's been actioned correctly at DWP's end, all your friend will be doing is effectively appealing against the information he's given them himself i.e. he'll get nowhere.

Dunno what really to suggest. Don't know whether he should apply again for hardship, this time with the "right replies" ?? The sanction appeal could take months, tbh, I can't see much alternative but another hardship application.

And no, he doesn't have a condition of entitlement for Income Support either.

Blueeyes21

cassieB57 wrote: »

To be entitled to IS1 a person must
1.
be in GB (except in certain circumstances) (see DMG 070702) and
2.
be aged 16 or over and
3.
be under the qualifying age for SPC (see DMG 77032) and
4.
have no income or an income which does not exceed the applicable amount and
5.
not be in remunerative work and
6.
not have a partner in remunerative work and
7.
not be in relevant education (unless in special circumstances) (see DMG 20630 et seq) and
8.
be in a prescribed category (see DMG 20081 et seq) and
9.
not be entitled to JSA or ESA and
10.
not have a partner who is entitled to JSA(IB) or ESA(IR) and
11.
not have a partner who is entitled to SPC.
Special rules apply to share fishermen (see DMG Chapter 27).
1 SS CB Act 92, s 124

So I don't see how he isn't entitled to it then ?:think:

I know what it says above in above in blue .. but technically, and it is worded that way, He's NOT entitled to JSA because he's been sanctioned.:cool:

They can't have it both ways.:cool2:

Blueeyes21

cassieB57 wrote: »

You are right in that everyone is entitled to a FULL explanation of the decision, either orally or in writing
Where
1.
a claimant or their representative queries a decision by
1.1 asking for it to be explained
1.2 requesting a written statement of reasons
1.3 making an application for revision
1.4 making an appeal and
2.
the decision is not changed by revision or supersession
the DM or another suitably trained officer should offer the claimant or representative an informal explanation of the decision. The claimant or representative should be contacted by telephone if possible, unless they have specifically requested a response in writing.
01121 The purpose of the explanation is to help the claimant understand the decision, and to clarify any areas of dispute in the event of an application for revision or appeal. Note: An explanation is not a compulsory step in the revision or appeal process.
The explanation must
1.
be personalized
2.
be given in a manner that is clear, understandable and effective
3.
explain why the decision was made
4.
explain the effects of the law on the facts
5.
deal with any further points the claimant or representative may make
6.
ensure that the claimant understands the decision even if they do not agree with it
7.
ensure that the revision and appeal process including time limits is explained.
01123 If the claimant
1.
cannot be contacted or
2.
does not want an explanation or
3.
is not satisfied with the explanation
the action which prompted the offer of an explanation should be continued in the normal way. For applications for revision, see DMG Chapter 03, and appeals, see DMG Chapter 06.

(Not all decisions carry a right of appeal however. those that do, will say so)

:rotfl::rotfl:

That's a laugh, they won't even aknowledge that the law says a person needs a minimum amount to live on.
When you ask for this in writing they won't give it to you or they deny that it exists.:eek: