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JSA stopped - appealing

Hello,

Well, yesterday I had a letter informing me that due to not failing to take advantage of a job opportunity my JSA is being stopped for 2 weeks.

The reason is because when I was last at the Jobcentre the adviser asked me if I had applied for the jobs he had pointed out previously. All but one of them I had. The reason I hadn't applied for this specific one is that I did not receive a printed sheet with the job details on it. I think the adviser overlook this. In total that week I was told to apply for about 6 jobs, all printed out for me. As this one wasn't it slipped my mind and I failed to apply.

I understand the jobcentre saying you should apply for all you were told but when you are given several to apply for it is likely one will slip your mind, especially if it is not printed out for you.

I have sent away an appeals form, does anyone have any other advice?

Another worry is that the letter says that once the sanction ends they cannot pay me JSA because I have not paid enough National Insurance Contributions?! I'm aware of this as I am receiving the income assessed JSA, but why does this change if you receive a sanction?

If I no longer receive any payments I really am in trouble. I have applied for loads of jobs and even have an interview so it's not as if I am not seeking employment, which is what sanctions are supposed to be for. I resent being punished for what is basically their error.

Does anyone have any advice?

James
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Comments

  • As you knew you had agreed to apply for the job, when you realised you did not have the paperwork for it you should have called the JCP or looked online. I fail to see that you have grounds for appeal. Think about it in a work context - if you failed to follow an instruction because someone did not write it down for you, you would be disciplined.
  • dookar
    dookar Posts: 1,654 Forumite
    it's not as if I am not seeking employment, which is what sanctions are supposed to be for. I resent being punished for what is basically their error.

    Does anyone have any advice?

    James

    That's not what sanctions are for. You've been sanctioned under refusal of employment regs.

    What were you told about the vacancy? If you were not given sufficient information to apply for the job then the sanction is incorrect
  • Well I didn't realise I didn't have the paperwork for the job until I realised I hadn't applied for it!

    I know they will probably say 'you were told to apply for this job, you didn't so it's your fault' but when you're given 6 or 7 jobs to apply for, all based around the same menial type employment it is difficult to remember one of these that isn't printed out for you when all the others are.
    You simply assume all the printed out details you are given cover all the jobs you are told to apply for. I hope some people can at least understand my point on this. Of course, I could have just lied and said I had applied.

    Does anyone have any advice on the part of the letter which said they cannot pay me JSA from 14th August due to insufficient NI contributions?
  • I understand your point! :) Unfortunately I have no idea about the NI bit, although I assume if you are claiming income-based that it shouldn't be an issue, but I have no idea :/

    Perhaps if you were able to point out other jobs you have found yourself that you have applied for within that period or any emplyment agencies you have registered with to make up for the fact that you didnt have the required information to apply for one particular job they would be happier... Sounds like they are nit picking to me but I really don't know. My partner signs on and he always makes sure to find at least one job a day to apply for online, so I'm not sure about your particular case, sorry I cant be of help. Just wanted to reassure you that I do understand your point. You come out with a bunch of papers you expect it all to be there.
    Bankruptcy Supporters Club No.179
  • Elvisia
    Elvisia Posts: 914 Forumite
    Part of the Furniture Combo Breaker
    It is possible to not get all the jobs - I was seen by an advisor whose first day it was, she had to go to the printer to pick up my jobs which she gave to me, which I duly went home and applied for. At the time I remember thinking these jobs were so far off what I wanted to get it was ridiculous, but the whole session with her had been a massive mess as she didn't know what she was doing. It wasn't until I was sat in the queue to sign on the following week and I was looking back at the jobs they'd printed off for me that I realised they had someone else's name and address on the top, so she'd obviously picked someone else's printing off the printer. I kept quiet and they just said "did you apply for the jobs" "yes" and that was that. However in your case, I think it's unrealistic to realise someone hasn't given you a job, so I would appeal the sanction which means in the first place you just write a letter explaining why this is unfair. I discussed it with someone afterwards who said the JCP were in breach of data protection as they gave me the name and address of another client, which I shouldn't have had. So you could always say you were never given the job from the printer, and therefore your details had been breached? Also try your MP, either writing to them or writing to the JCP and say you will be writing to them. It's all very well saying you should realise you didn't have all the jobs but it's the advisor's job to make sure you get them all, the meetings can be confusing and stressful and to be sanctioned is ridiculous.
  • morganedge
    morganedge Posts: 1,320 Forumite
    Well I didn't realise I didn't have the paperwork for the job until I realised I hadn't applied for it!

    I know they will probably say 'you were told to apply for this job, you didn't so it's your fault' but when you're given 6 or 7 jobs to apply for, all based around the same menial type employment it is difficult to remember one of these that isn't printed out for you when all the others are.
    You simply assume all the printed out details you are given cover all the jobs you are told to apply for. I hope some people can at least understand my point on this. Of course, I could have just lied and said I had applied.

    Does anyone have any advice on the part of the letter which said they cannot pay me JSA from 14th August due to insufficient NI contributions?
    I understand your point.
    It does seem harsh, but I imagine they're deperately looking to get people off of benefits to save some money.

    Honesty is not always the best policy, especially when it comes to the jobcentre. Trust me. Tell them exactly what they want to hear and get the hell out of there.
  • princessdon
    princessdon Posts: 6,902 Forumite
    Seems harsh = how long have you been claiming if you don't mind me asking?

    If you don't want to answer that is fine - just trying to get a perspective that is all.
  • If they stop your JSA and you have no other income I think you could claim Income Support instead. I don't know much about JSA so not really sure. Maybe someone more knowledgeable will come along and confirm.
  • morganedge
    morganedge Posts: 1,320 Forumite
    If they were to stop your JSA, what do they expect you to live on out of interest?
    I've always wondered about that.
    I know they wont let you starve, so what is the procedure?
  • I have been claiming for about 6 weeks - a fresh graduate on the scrap heap! ;)

    I have sent an appeal away with what I think is a decently argued letter, but I'm really not hopeful. I can deal with losing two weeks payments, it's not ideal but I'll live. The bit about not getting JSA after the sanction is lifted is worrying though. I'll need to speak to them. The annoying thing is they sent two letters to me - the first I opened said we've decided there is no need to sanction you, then I open the second one with this news!

    I know I should have just said I had applied, but I think he saw my confused look when he asked if I'd applied because seeing it on the screen did jog my memory. So I'd been rumbled!

    It is a ridiculous system though, for months you could go there having not applied for anything and just say 'Yes, I've applied for everything you've told me.' As I'm sure many people do.
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