court appearance and JSA

indigosun007

Hello All. first time post.

I was wondering if i can have your opinions.

I'm claiming Job seekers allowance.

1 week ago i was summoned to a court case in Germany regarding getting access to my son. If i did not go to the court case (one day) i would have been in contempt of court. so i had to go. Today i showed the job center my summons and explained i was out the country for 30 hours. (i thought best to be honest)

they closed my claim.

they have stated that i need to make a rapid reclaim. the person i was talking to at the job center was little help. she said that i could move to Germany and they could transfer my claim. I explained i have a family home here and also other dependents. she said i could take my other children with me to Germany and move there while this is all sorted, that there is no excuse to why i left England for 30 hours.

thanks for your time reading this.

Horseunderwater

Sounds wrong to me. I would ring them up and ask to speak to a senior manager about this.

indigosun007

does look like they are wrng. found some information from .dwp.gov.uk

states "Entitlement to Jobseeker’s Allowance and Income support General rules on entitlement"

"Member required to attend court
20046 A member is exempt whilst they are required to attend court or tribunal as a1
1.
justice of the peace or
2.
party to any proceedings or
3.
witness or
4.
juror."

Horseunderwater

So you need to go back to them and quote the book at them! Siting the above rule as you have identified it to me. In theory simple - in practice who knows. Good luck.

indigosun007

Thanks. i have done a rapid reclaim. also got in contact with housing benefit etc.

i will be taking this up with Job Center. at the very least i will loose 2 days money. but having to wait 6 weeks (back log) makes for a lovely xmas. plus how can i job search with no money. seems backwards to me.

but will certainly be taking it up with them tmw when i go with with the book.

thanks for your time Horseunderwater, appreciated.

Horseunderwater

No problem. Hope you get it sorted.

brightonman123

unless court case clashed with signing, i wouldnt have told them.

paddedjohn

indigosun007 wrote: »

does look like they are wrng. found some information from .dwp.gov.uk

states "Entitlement to Jobseeker’s Allowance and Income support General rules on entitlement"

"Member required to attend court
20046 A member is exempt whilst they are required to attend court or tribunal as a1
1.
justice of the peace or
2.
party to any proceedings or
3.
witness or
4.
juror."

Does this still apply though since the court is not a UK one?

A member of what?

rogerblack

paddedjohn wrote: »

Does this still apply though since the court is not a UK one?

A member of what?

A joint claim couple.
That's the wrong bit of JSA official guidance.
http://www.dwp.gov.uk/docs/dmgch20.pdf

20939 Claimants have good cause for failing to attend or failing to attend on time or at the right place if they
...
1.14 are required to attend a court or tribunal

as a

1.14.a justice of the peace or

1.14.b party to any proceedings or

1.14.c witness or

1.14.d juror

I belive to be the relavent bit.

MissMoneypenny

paddedjohn wrote: »

Does this still apply though since the court is not a UK one?

Wondering also if the OP is a German national recently moved to the UK and whether that makes a difference with welfare claims?

indigosun007

Hi. Thank you for your time looking up the relevant documents. Sorry for late reply.

I am a brith national.

Today I got in post what they based the decision on.

"Left England for a holiday or to move to another country"