JSA Sanction - Urgent Advice please!!!

Blueeyes21

Wee_Willy_Harris wrote: »

He's already said that he can't get in touch with him. I guess he's using the force?

Firstly Little Willie .. Im a SHE not a HE. Perhaps you should not be so presumtious.

Secondly, maybe you could re-consider making wise cracks disguised as help. Because it doesn't.

cassieB57

Blueeyes21 wrote: »

The advice I was asking for regarded what he should do next as in how is he suppose to get by on a daily basis with NO income, and, if this was legal, and if the DWP could indeed do this?


The Law says a person needs a minimum amount of money to live on.

So why are the JC making their own laws up??

They're not. The laws regarding sanctions and hardship payments are set by Government.

"A DM imposes a sanction on a claimant, if the claimant is entitled to JSA1 and
1.
lost employment through misconduct (see DMG 34060 - 34199)2"(Decision Maker's Guide)

"19 Circumstances in which a jobseeker’s allowance is not payable.E+W+S

(1)Even though the conditions for entitlement to a jobseeker’s allowance are satisfied with respect to a person, the allowance shall not be payable in any of the circumstances mentioned in subsection (5) or (6)."

"(6)The circumstances referred to in subsections (1) and (3) are that the claimant—

(a)has lost his employment as an employed earner through misconduct;

(Jobseeker's Act 1995)


"Hardship payments may be made to claimants whose JSA is not payable because of a sanction1."

Hardship payments should not be made if the claimant
1.
is not entitled to JSA(IB) for any reason other than
1.1 availability or
1.2 ASE or
1.3 having a JSAg in force or
2.
is waiting for a DM’s decision on another aspect of the claim."


A person in hardship is a claimant1 who
1.
will or
2.
has a member of the family who will
be likely to suffer hardship if JSA is not paid. Certain people who may be more likely to suffer hardship if JSA is not paid are treated as being members of a vulnerable group.
Note: The person in hardship is always the claimant, even though it may be another member of the family who must be likely to suffer hardship.

(I would be asking for an explanation for why hardship payments have been refused.)

Blueeyes21

cassieB57 wrote: »

They're not. The laws regarding sanctions and hardship payments are set by Government.

"A DM imposes a sanction on a claimant, if the claimant is entitled to JSA1 and
1.
lost employment through misconduct (see DMG 34060 - 34199)2"(Decision Maker's Guide)

"19 Circumstances in which a jobseeker’s allowance is not payable.E+W+S

(1)Even though the conditions for entitlement to a jobseeker’s allowance are satisfied with respect to a person, the allowance shall not be payable in any of the circumstances mentioned in subsection (5) or (6)."

"(6)The circumstances referred to in subsections (1) and (3) are that the claimant—

(a)has lost his employment as an employed earner through misconduct;

(Jobseeker's Act 1995)


"Hardship payments may be made to claimants whose JSA is not payable because of a sanction1."

Hardship payments should not be made if the claimant
1.
is not entitled to JSA(IB) for any reason other than
1.1 availability or
1.2 ASE or
1.3 having a JSAg in force or
2.
is waiting for a DM’s decision on another aspect of the claim."


A person in hardship is a claimant1 who
1.
will or
2.
has a member of the family who will
be likely to suffer hardship if JSA is not paid. Certain people who may be more likely to suffer hardship if JSA is not paid are treated as being members of a vulnerable group.
Note: The person in hardship is always the claimant, even though it may be another member of the family who must be likely to suffer hardship.

(I would be asking for an explanation for why hardship payments have been refused.)

Thanks Cassie ..:beer: Do you know where I can obtain this information, in written form?

Blueeyes21

Can he apply for Income support?

allen35

No, doesn't meet criteria, JSA

Blueeyes21

cassieB57 wrote: »

(I would be asking for an explanation for why hardship payments have been refused.)

He did.

The advisor told him didn't qualify, that was the reason and his decision was final.
He asked to speak to a manager, the advisor refused, told him there was no further information he could give him and put the phone down.

He called back, explained the situation AGAIN .. the advisor said, yes I can see you have called and at 16.10 today and spoke to advisor (ref number) .. advisor has stated here that he terminated the call as you were being abusive!:eek:

My friend then asked for help and advice - the advisor told him his shift ended at 4.30 so there was nothing he could do right now and to call back tomorrow.:eek:

The DWP Charter is obviously not being adhered to by DWP staff.:mad:

Blueeyes21

allen35 wrote: »

No, doesn't meet criteria, JSA

What is the criteria??

cassieB57

Blueeyes21 wrote: »

Thanks Cassie ..:beer: Do you know where I can obtain this information, in written form?

http://www.dwp.gov.uk/docs/dmgch35.pdf

http://www.legislation.gov.uk/ukpga/1995/18/section/19

JSA Regs, reg 140(1) & (2), reg 146A(1) & (2)
http://legislation.data.gov.uk/uksi/1996/207/made/data.htm?wrap=true

cassieB57

Blueeyes21 wrote: »

What is the criteria??

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

"PRESCRIBED GROUP" (DMG 20081) MEANS:

People can receive IS for the whole of the benefit week provided they satisfy the conditions of entitlement and are in one of the following categories1 for one or more days in that benefit week
1.
lone parents
2.
lone foster parents
3.
single claimant or lone parent looking after a child prior to adoption
4.
people temporarily looking after another person
5.
regular carers
6.
people incapable of work (revoked from 30.12.09 but see Appendix 5 for savings provisions)
7.
disabled workers (revoked from and including 25.1.10 but see Appendix 6 for savings provisions)
8.
people in work living in a care home, Abbeyfield Home or an independent hospital (revoked from and including 25.1.10 but see Appendix 6 for savings provisions)
9.
people entitled to MIRO
10.
disabled students (revoked from 30.12.09 but see Appendix 5 for savings provisions)
11.
deaf students (revoked from 30.12.09 but see Appendix 5 for savings provisions)
12.
blind people (revoked from 30.12.09 but see Appendix 5 for savings provisions)
13.
pregnant women
14.
parental leave
15.
paternity leave
16.
certain people in relevant education
17.
young people in second chance learning
18.
refugees learning English
19.
people who claim asylum on or after 3.4.00 and who is granted refugee status on or before 14.6.07
20.
people required to attend court or a tribunal
21.
people affected by a TD
22.
certain PFAs
23.
people in custody
24.
members of a couple looking after children whilst their partner is temporarily abroad
25.
people appealing against a decision which embodies a determination of capability for work
26.
people attending WBLfYP or ‘Skillseekers’ courses
1 IS (Gen) Regs, reg 4ZA & Sch 1B

allen35

Blueeyes21 wrote: »

What is the criteria??

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018708

Generally it's for single parents who are responsible for children under 7 and an income top up for disabled.