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JSA Sanction - What to do now??

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Comments

  • This is quite an interesting point.

    It is assumed by the DWP that a letter that is posted will arrive within 2 days. To argue that you didn't receive it is not the fault of the DWP, the Work Provider but the Post Office.

    If in the OP's case if the provider says that say, 6 letters had been sent out and the claimant never attended the appointments - whose fault is it?

    It is up to the claimant to prove that the letters were never received, not the provider to prove they were delivered!

    There is a similar case of a decision notice issued to the claimant not being received. Six months later the claimant wrote a letter asking what was going on. The DWP in reply said that the decision notice had been posted to the correct address.
    When the claimant eventually received a copy of that decison notice he lodged an appeal. The appeal was thrown out as it was out of time (30 days V 6 months!). His application for acceptance of a late appeal was refused by the DWP and the Tribunal.

    The claimant could not prove that it had not been initially received - the Post Office said that it must have been.

    Consequently for the OP, they will have to prove on the balance of probabilities that the appointment letters were never received. How you do that is anybody's guess!!
  • tiddlertot wrote: »
    This is quite an interesting point.
    It is assumed by the DWP that a letter that is posted will arrive within 2 days. To argue that you didn't receive it is not the fault of the DWP, the Work Provider but the Post Office.
    If in the OP's case if the provider says that say, 6 letters had been sent out and the claimant never attended the appointments - whose fault is it?
    It is up to the claimant to prove that the letters were never received, not the provider to prove they were delivered!
    I can't speak for a Work Programme provider but they have to follow legislation.
    Can of worms but JCP tries to get letters signed for as then there is no excuse for not turning up. If someone claims they are not receiving letters then it raises availability (ie contact) questions hence 'can of worms'.
  • john539
    john539 Posts: 16,968 Forumite
    Part of the Furniture 10,000 Posts
    tiddlertot wrote: »
    This is quite an interesting point.

    It is assumed by the DWP that a letter that is posted will arrive within 2 days. To argue that you didn't receive it is not the fault of the DWP, the Work Provider but the Post Office.

    If in the OP's case if the provider says that say, 6 letters had been sent out and the claimant never attended the appointments - whose fault is it?

    It is up to the claimant to prove that the letters were never received, not the provider to prove they were delivered!

    There is a similar case of a decision notice issued to the claimant not being received. Six months later the claimant wrote a letter asking what was going on. The DWP in reply said that the decision notice had been posted to the correct address.
    When the claimant eventually received a copy of that decison notice he lodged an appeal. The appeal was thrown out as it was out of time (30 days V 6 months!). His application for acceptance of a late appeal was refused by the DWP and the Tribunal.

    The claimant could not prove that it had not been initially received - the Post Office said that it must have been.

    Consequently for the OP, they will have to prove on the balance of probabilities that the appointment letters were never received. How you do that is anybody's guess!!
    DWP & post office make mistakes, a letter could get lost in system, not get posted.

    Just because they say something has been done, does not mean it was.

    That's why people always need to regularly check progress & & changes themselves.
  • jumperjohn wrote: »
    Would it not be easier just to get a job?
    how stupid can some people be
    ive just had to sign off because ive been sanctioned for 13 weeks
    this is because of a work program appointment i missed
    so now if i sign on i will get no money
    if ive no money to get to the work program in the town
    i will get sanctioned again if i could get a job i wouldnt
    be sitting here worrying how i'm going to live
    please think before adding stupid comments
  • james_c wrote: »
    how stupid can some people be
    ive just had to sign off because ive been sanctioned for 13 weeks
    this is because of a work program appointment i missed
    so now if i sign on i will get no money
    if ive no money to get to the work program in the town
    i will get sanctioned again if i could get a job i wouldnt
    be sitting here worrying how i'm going to live
    please think before adding stupid comments

    Had you stopped to think, you could have claimed hardship payments rather than signing off.
  • Had you stopped to think, you could have claimed hardship payments rather than signing off.
    hardship of say £42 per week and having to go
    to working links again and listen to an arrogant impolite
    ill informed adviser. its a hard call maybe easier to commit
    a crime and get feed/heating/ them help when i get out
    the current system is a joke Ive been out of work for
    seven months and getting jsa is a joke
    i will just have to do any work i can get just to live
    or beg
  • james_c wrote: »
    hardship of say £42 per week and having to go
    to working links again and listen to an arrogant impolite
    ill informed adviser. its a hard call maybe easier to commit
    a crime and get feed/heating/ them help when i get out
    the current system is a joke Ive been out of work for
    seven months and getting jsa is a joke
    i will just have to do any work i can get just to live
    or beg

    Yes, that is what most people do.
  • Yes, that is what most people do.
    really? it still dosent make the benefit system
    any better if you lie and cheat you will get everthing
    if you are not in the know they walk all over you
    ive paid taxes all my working life 30 odd years
    i know people who never work and are better off than me
    anyway thats my gripe for to day
  • james_c wrote: »
    really? it still dosent make the benefit system
    any better if you lie and cheat you will get everthing
    if you are not in the know they walk all over you
    ive paid taxes all my working life 30 odd years
    i know people who never work and are better off than me
    anyway thats my gripe for to day

    You're wrong, most people that lie and cheat will not get anything, unless by "everything" you mean a prison sentence.

    Can I make a constructive suggestion for whilst you are out of work? Your grammar and writing style is very poor, and will have a significant effect on your job search. You can access literacy courses through your local college.
  • donnajunkie
    donnajunkie Posts: 32,412 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    james_c wrote: »
    how stupid can some people be
    ive just had to sign off because ive been sanctioned for 13 weeks
    this is because of a work program appointment i missed
    so now if i sign on i will get no money
    if ive no money to get to the work program in the town
    i will get sanctioned again if i could get a job i wouldnt
    be sitting here worrying how i'm going to live
    please think before adding stupid comments
    you shouldnt have signed off because,
    1. they will just apply the sanction from whenever you sign on again unless you are signed off for more than 6 months i believe.
    2. you may be able to get hardship.
    3. you may be able to win an appeal.
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