Help - no JSA for six weeks

yorkshireteacake

I signed on for JSA six weeks ago (19 July). They messed up my claim by registering me as claiming for ESA. They admitted this was their error not mine. Three phone-calls later, with a promise of a call back by five pm today, and nothing has changed in spite of repeated promises that it will be sorted.

I have been signing-on, been asked to provide evidence of job searches / applications etc., but have not been paid.

I applied for a crisis loan. They only gave me £90 to last until 12 Sep.

I don't know what to do now. I've fired off some complaint emails about the JSA situation but nobody has responded.

Any advice?

rogerblack

Start the formal complaints process.
http://www.direct.gov.uk/en/Employment/Jobseekers/ContactJobcentrePlus/DG_186391

If you are out of pocket due to this: http://www.dwp.gov.uk/docs/financial-redress-maladministration.pdf (this may include phone calls, bank charges, ...)

yorkshireteacake

Thank-you. I have emailed to make a complaint. I will also try to claim for the expense of phone-calls.

All I want is my JSA money. Is there any 'trick' to getting them to pay up?

benefitbaby

Yes, request an interim payment, the DWP often forget they can do this, basically if the DWP consider it likely that you will qualify for JSA (which from your post it sounds this is the case) then they can issue you with an interim payment of JSA (a bit like an advance).
You may have to shout loudly to get this... what about escalating this to your MP and ask them to intervene?

dookar

Have you claimed JSA? You say they put the wrong benefit, have you then claimed JSA? the law is quite specific about benefits for which a claim must be made and JSA is one of them. I agree you should complain if what you say is true (though I can't imagine how) but you need to make a claim to the benefit

benefitbaby

The above post is partially right. How did you make your claim?
If it was on a claim form eg ESA form when it should have been JSA then you must complete a JSA form.
If it was online or on the phone and it was incorrectly processed by Jobcentre then you don't need to submit a JSA form now.

yorkshireteacake

Thank-you. I wasn't aware of the interim payment. I'll call tomorrow and be strong about getting it.

I must have been claiming JSA as I have had appointments with them, regular sign-on dates etc. I don't see how that could happen if I hadn't made a claim for it. They were also adamanat when I spoke to them when signing on, and raised the issue, that I was claiming JSA not ESA.

I had previously claimed ESA, then worked for a period. Now, the work has stopped and I am well enough to look for more work. So, I completed an online form to claim JSA. They somehow made me claim ESA. However, they were very clear when I phoned them it was their mistake and that I had not tried to claim ESA.

I recently even received a very bizarre letter stating my claim for ESA from 13 March had been disallowed. But the 13th March is when I came off ESA and started working again. So, I wasn't claiming for that period.

I'm just so frustrated, confused and desperate for money.

benefitbaby

yorkshireteacake wrote: »

Thank-you. I wasn't aware of the interim payment. I'll call tomorrow and be strong about getting it.

When you speak to the contact centre request a call back from the JSA section (be insistent) as the contact centre staff have probably not heard of interim payments. JCP have a target of 3 hours to complete the call back, if they do not call you back in this time ring the contact centre again and complain. This will escalate the call back target to 1 hour.

When you get your call back you may need to remind them that the law relating to interim payments is:
Regulation 2(1A) of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988

Decision makers don't tend to look up the legislation but they will definitely know how to use their own guidance so you may also want to ask them to look at:
Decision Maker Guidance (DMG) number 09325.

Fingers crossed

benefitbaby

When this is all sorted you may want to seek compensation for the poor service... have a look at the forum "what to do if JSA have made errors and you have been overpaid?"
This is the opposite of your case however my post at #14 is applicable to you too.

yorkshireteacake

Well, the situation has got really bad:

1) I phoned this morning, requested a call-back, got none.

2) I phoned again and a Team Leader escalation was requested. Oliver promised to take files direct to his manager. I was to be called back within an hour and a half. I received no call-back.

3) I phoned again and this time asked to be put through to the manager. He said he would request another call-back but there was nothing else he or I could do. I am still waiting on this.

I have contacted my M.P. who has asked for my details to see what's happening.

I will certainly be making a claim for compensation.

Thanks for all the advice so far. It has helped me to know my rights. If anybody has any other tips or ideas, please let me know.

yorkshireteacake

Just an update:

After repeated phone-calls to the call centre involving speaking to three different managers, and emailing my MP, I finally got a call back.

They are now saying they have "lost" my claim details. And of course they can't make an interim payment because they have no claim from me.

I now have to go in to the Jobcentre on Tuesday to make another claim. They have promised to back-date this to July 19 (the date of my original claim). I am not holding my breath.

On a positive note, I spoke to a lovely person at the C.A.B. who got me an emergency appointment on Monday. She said she can help me complain, which is great.

Thanks for all the advice.