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JSA Hardship payments

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Comments

  • epsom
    epsom Posts: 31 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    thorsoak wrote: »
    So why does he not go to the papers with this information? If this is in fact the case, then by allowing it to continue, he is perpetuating the offence and is "aiding and abetting" it.

    If your brother in law is to be believed, then he should become a whistle-blower - then I might respect him. As things stand, I would not.

    Actually, it has been in the papers about JCP staff being set targets and also receiving bribes, such as easter eggs etc.
    I think it was the Telegraph or Guardian.
  • Dunroamin
    Dunroamin Posts: 16,908 Forumite
    epsom wrote: »
    Actually, it has been in the papers about JCP staff being set targets and also receiving bribes, such as easter eggs etc.
    I think it was the Telegraph or Guardian.

    Wow - Easter eggs!
  • epsom
    epsom Posts: 31 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Dunroamin wrote: »
    Wow - Easter eggs!

    :rotfl: Yeah, but true i'm afraid.
    I personally know a JCP worker who confirms it.
    Wow!
  • epsom
    epsom Posts: 31 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    I posted this elsewhere in April of this year.

    Some things may have changed slightly.

    I did the following review of the Terms and conditions for Universal Jobmatch some time ago, when it was not mandatory to register.

    It now seems it is mandatory from this week or last week.

    There are other mandatory schemes to come in, such as looking for work 35 hrs a week--to be tracked online.

    The plan is for all jobseekers to do ALL jobseeking on-line and make jobcentres a thing of the past.
    Those in minimum-waged, part-time jobs of less than 35 hours a week risk losing their benefit unless they attend job interviews with as little as 48 hours' notice.

    The regulations can even compel a worker to quit the job they have for one with slightly more hours, on pain of freezing their benefit.

    There are plans to sanction you even if you are working. This would happen if, for instance, you are working part time or less than 35 hrs a week and do not try to find full time or higher paid work.
    Anyway, the following is my review ( with questions) that I did before Universal Jobmatch became mandatory:


    I have just been looking at the Direct.Gov site , and going over the Terms and Conditions.

    I have found a few interesting items there:
    UNIVERSAL JOBMATCH TERMS AND CONDITIONS

    1. Information

    1.1 This website is managed by Monster Worldwide Ltd--An American company--on behalf of the Department for Work and Pensions (DWP).

    4. Our obligations

    4.7 We will not be contractually bound by any of your actions or statements.

    Now, does that mean that if we sign ANYTHING related to this site, that there is actually NO CONTRACT?

    6. Data protection

    6.1 Information you provide to Us may be passed to relevant service providers, including government departments, agencies or authorities, for example in order to respond to any query you have made with Us or process any application you may have made.
    Your information will be managed in accordance with the law, including the Data Protection Act 1998. For further information please read Our Privacy Policy.

    6.2 We will comply with our legal obligations to keep your information safe and secure, but we cannot guarantee the absolute safety of any information that you send to us. This means that you send Us information at your own risk. We will not pay you any damages to cover any loss that has resulted from someone accessing the service without permission or making changes to information on the site, except for where Our employees or agents are at fault.

    7. User content

    7.3 If you submit User Content to this site you grant Us a worldwide, non-exclusive, royalty-free licence to reproduce, adapt, distribute and publish the User Content through this site.

    7.5 We reserve the right to refuse to accept, post, display or transmit any User Content as we choose

    8. General

    8.1 This service and the use of it are governed by English Law. The English Court system shall have exclusive authority over any disputes connected to or arising out of the use of this service.*
    * If this is so, then the European Court of Human Rights would apply, wouldn't it? (After going through the corrupt English court system first, of course).

    (although Monster Worldwide is a US company)*

    9. Additional terms for Jobseekers

    9.8 You agree that you have no ownership rights in your account and that if you cancel your account or your account is closed, all of your account information, including CVs, saved jobs and questionnaires may be marked as deleted and may be removed from our databases. Information may continue to be available for some period of time because of delays in processing.
    Third parties may retain saved copies of your information which they have downloaded from the site. We may delete your account and all of your information if you do not use this site at least monthly


    Lots of things there that make one think.

    If we sign this Universal Jobmatch, it should be a contract, right?
    But they say specifically that THEY WILL NOT BE BOUND BY ANY OF OUR ACTIONS OR STATEMENTS.

    Does that mean that anything we sign is null and void?

    As I am aware, a contract has to be signed and agreed by both parties.

    So, if I was to sign up and register with Universal Jobmatch, as they want you to, am I bound to a contract with them?---even though they say they will not be bound by any contracts etc?.

    The Terms and Conditions give overwhelming proof that the individuals data and privacy are not safe and not protected.

    Surely the Terms and Conditions violate privacy laws and are NOT SAFE.
    They actually state that they can do what they wish with OUR information and we have no rights to it!

    Could they be taken to court over this? The English courts first, then, if that fails (and it would), then the European Court of Human Rights.
  • epsom
    epsom Posts: 31 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Mandating to Universal Jobmatch: Update:
    For jobcentre staff:

    This is part of DWPs own internal memo for JCP advisors:

    "Access to UJ Account

    If, and when, a claimant signs up to UJ, they
    will be encouraged to give DWP access to their
    account. However, it is absolutely clear from a
    legal perspective that the claimant does not
    have to tick the box to give DWP access to
    their account,
    and can provide alternative proof
    of UJ sign up and use, e.g. screenprints"


    ..and that is a directive for the advisors.
  • epsom
    epsom Posts: 31 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    If you actually read the Jobseekers Act it clearly states your obligations, in simple terms.

    You are obliged to provide evidence of your job searches, they give you a book but you don't have to fill it in as you can use any format you like as the obligation is to provide the evidence.
    It has to be in your best interests of finding a job, the DWP only place an interpretation on this, and remember its only their spin laden, !!!!!!!! filled interpretation AND NOT LAW. They claim you have to take all reasonable steps to find employment and they deem this to be a reasonable step. NOTE THE WORDING HERE, which means they are playing on words and they can't enforce it lawfully.

    Human Rights legislation clearly states that you have a right to privacy and that includes your personal information.
    Anyone using your personal information has to do so with your consent, remove your consent and they cannot use it.

    Intellectual property legislation deems personal information YOUR INTELLECTUAL PROPERTY and nobody can FORCE, COERCE, THREATEN, or BULLY you into handing this over as its a CRIMINAL and CIVIL offence to do so. Any contract you sign if threat, coercion, intimidation, or bullying are used legally renders the contract invalid so you can write to the DWP and nullify your contract and remove your consent for them to use your personal information.

    Monster clearly state that they will use your information in any way they like, so anything you give them they will use how they like, so signing up totally contradicts the claims made by the DWP so they have just committed fraud.
  • epsom
    epsom Posts: 31 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    What is a Mandate?

    In this context it is a judicial command or order, so you merely ask which court, judge, or magistrate made such an order against you, and why the court didn't contact you prior to this being heard, and why you weren't allowed to make a defence, then watch them cringe when you tell them to put it all down in writing and sign it with a true signature.

    DWP operate under contract law so contract law applies, it may be a subtle difference, but a very significant one.

    The law applies differently depending on what context it is being used under, and the DWP work solely on consent and contracts, under contract law (which you are under) a mandate must be authorised by a court, magistrate,or a judge, and must be made against a specific person.

    As to terminology, in a previous post we see the phrase "you are expected" being used, what this means is they try to give the impression they have the power, but have none, and you don't have to follow their instructions as its consensual but they don't want you knowing they need your consent because they have no power, and need to bully you into doing what they want.

    As regards Monster:

    EU legislation doesn't apply in America, and the UE/USA agreement is merely that, an agreement which is unenforceable under English and EU law.
    By entering into Monster you do so consensually and agree to their terms and conditions, and even if the EU/USA agreement could be enforced, you have consented to Monsters terms and conditions which means they can do what the hell they like with your personal information and they get round the law by transferring it to a different country, and you have agreed to this by signing up.

    Its all a play on words to dupe people into consensually giving away their personal information.

    Lets look at this in detail:

    At their first appointment they will have to agree a binding (Note: as in Bondage) back-to-work plan laying out what they are required to do.

    A FOI request to the DWP in the public domain clearly states that nobody can be forced into signing an action plan.

    Contract law (it is a contract) clearly states that any contract entered by threats, bullying, intimidation, or coercion is unlawful and the contract is invalid.

    Nobody has to sign any contract.

    Any contract can be negotiated


    We’ll be stepping up the pressure on claimants, who will be expected to attend the Jobcentre more frequently, with rigorous monitoring to ensure they are doing everything they can to find work.

    Here's that word "EXPECTED" again, basically they can do nothing and have no power to make you do anything, but like to give you the impression they can.

    Claimants will be expected to be on a training scheme, Mandatory Work Activity placement or intensive work preparation within days of finishing on the Work Programme – losing their benefit if they fail to comply.

    Again that word "EXPECTED" and they fail to tell you that it must be appropriate to your experience, qualifications, and skills; and if its not appropriate they cannot force you to do anything anyway.

    Claimants will also have to attend the Jobcentre far more frequently than other jobseekers, with weekly signing on being routine and some people being required to meet their adviser every day.

    Totally unlawful, it must be suitable in your personal circumstances, and they cannot financially penalise you, so charge them for your travel, subsistence as you're perfectly entitled to do.

    Every Work Programme returner will also be required to register with Universal Jobmatch to aid work search and job matching and to allow their adviser to check their work search activity online.

    Clear breach of Article 4 of Human Rights Act, you cannot be forced to give away your personal information, and you're not obliged to give any personal information to anyone.
  • Dunroamin
    Dunroamin Posts: 16,908 Forumite
    If you put as much effort into your job hunting as you do into arguing about it you must have a bloody good job by now!
  • epsom
    epsom Posts: 31 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Dunroamin wrote: »
    If you put as much effort into your job hunting as you do into arguing about it you must have a bloody good job by now!

    Firstly, I'm not arguing pal.... just giving guidance to others.

    Second, you know nothing about me... so don't be so bloody presumptuous.

    Third, I'm 58.... and it's a bit more difficult for a person of my age to find work.....i.e... when you get to my age, you will be somewhat set in your ways of thinking.... don't suffer fools quite so much as when younger...tend to become less of a "team player"....there IS age discrimination.....(oh yeah, I have a passion for the medical profession... can I train to be a doctor please?..only take 9 yrs, then I will be qualified!)....

    Fourth, I do voluntary work--voluntarily.

    I tell you what though.... I can find NO excuse for those who are school leavers, those in there 20s and 30s and early 40s who don't have a job. They are young enough (especially the younger ones) to train for something, do an apprenticeship etc.
    The fact that there are so many younger people unemployed tells me that the JCP are NOT doing their job properly.
  • Credit-Crunched
    Credit-Crunched Posts: 2,212 Forumite
    epsom wrote: »
    Firstly, I'm not arguing pal.... just giving guidance to others.

    Second, you know nothing about me... so don't be so bloody presumptuous.

    Third, I'm 58.... and it's a bit more difficult for a person of my age to find work.....i.e... when you get to my age, you will be somewhat set in your ways of thinking.... don't suffer fools quite so much as when younger...tend to become less of a "team player"....there IS age discrimination.....(oh yeah, I have a passion for the medical profession... can I train to be a doctor please?..only take 9 yrs, then I will be qualified!)....

    Fourth, I do voluntary work--voluntarily.

    I tell you what though.... I can find NO excuse for those who are school leavers, those in there 20s and 30s and early 40s who don't have a job. They are young enough (especially the younger ones) to train for something, do an apprenticeship etc.
    The fact that there are so many younger people unemployed tells me that the JCP are NOT doing their job properly.

    when you get to my age, you will be somewhat set in your ways of thinking - stubborn

    tend to become less of a "team player - selfish

    don't suffer fools quite so much as when younger - bitter
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