Jobseeker's Allowance delay - compensation claim?

jammy07

Hi, this is my first post so please forgive me if this isn't the appropriate place for it.

In March 2010 I had to defer from university on medical grounds. Since my student loan was therefore stopped I began looking for work (my illness affected my ability to study, but I still considered myself available for some forms of paid employment), and I applied for JSA.

I had two claims for JSA and the subsequent appeals denied. These were later overturned following a tribunal in November 2010 that ruled in my favour. (I eventually found temporary employment in August 2010).

I have since been waiting for the Jobcentre to pay me, they have consistently come up with excuses to delay it. Finally, 2 weeks ago I sent them a fax informing them that I would be getting a court to enforce the tribunal decision if they hadn't paid within 14 days. This got their attention and they called me the same day saying they would pay the next week. Naturally, they did not, and I am now preparing to carry out my threat of legal action.

However, I have long been considering an entirely separate legal action to claim compensation. It has now been over a year since I applied for JSA and they have not paid one penny. In the 5 months it took me to find work my parents were forced to provide me with money. The Jobcentre is also well aware that I suffer from a mental health condition that is stress-related, indeed episodes of it are triggered by stress, and I think it's fair to say that having spent the last 12 months trying to sort this out they've caused more than their fair share of stress (not to mention huge phone bills). This, combined with the fact that they wrongfully rejected my claim and acted improperly in reaching their decision (they based the rejection partly on medical grounds, yet they never conducted anything resembling a medical assessment; and they misinterpreted letters I provided as evidence) is, I believe, good grounds to claim compensation. I was wondering whether anyone might be able to tell me whether I do have grounds to claim compensation and whether it is likely I would succeed?

Thank you for taking the time to read through all of that...any advice would be greatly appreciated.

RexBanner

I try to avoid teh stock answer of "contact CAB" as if everyone who was given that advice on here and elsewhere did so the service would be overwhelmed, but I think you should. They'll be in a position to advise you on your rights and advocate on your behalf.

Legally something you might want to consider is the option of applying for a Judicial Review of any decision they've made that you feel has breached their internal procedures or infringed your rights by not taking into account any aspect of your situation (your mental health being an obvious one). This is an area of law that's set to grow due to changes in legal aid payments making it more relatively more accessible than other routes.