benefits stoped for 1 month, can I take legal action.

Jafman

Hello forum users.

I see many threads similar to this one most give advice on the DWP procedure for complaints. I have done this already and am asking for a tribunal as the next stage with a further view to legal action should this prove unsuccesfull.

My situation is that I missed an appointment to ''sign on'' and did not phone until the next day. I was made redundant in November after having worked for the last 14 years. I worked locally and my area is rather isolated and seeing as though transport was hampering my ability to seek employment I scraped together everything I had saved and decided to buy a motorbike. on the day of my signing I was stuck 100miles from home with a broken down motorbike. the air temp was 2'c and falling and the jobcentre was my last thought. I rang them the next morning and signed on.

they have decided to not pay me 4 weeks of JSA.

I phoned and asked for a copy of written statment about why I had my claim suspended and was told by my local JC that I could only get this statement in writing. I then jumped on the train and went into my local JC and demanded a statment. they phoned an office and one was desptached. I was told in person that I only had to ask for one and it would be posted. ( why did they lie or get it wrong?)

Anyway the official reason I have been sanctioned is ''I did not show good cause''! Now it is a given that travelling all that way on my sign day was somewhat risky. unfortunatley having no money and no job and seeing a seemingly fantastic bike for sale that would solve many of my problems does not give one many choices. To be blunt I had little choice!

So in the persuit of increasing my employment catchment area and being prepared to ride for hours each day to a minimum wage job in ice,rain wind and death dealing traffic I have now been put in a situation where I cannot pay my rent, my bills or buy enough food.

So ive asked for a review of the decision. and wonder if anyone has had similar experience. My bills did not go out and I now have an additional £47 of debt due to charges. I also have a family to feed 4 of us and am feeling allmost suicidal. Why am I being punished for this?

should I seek legal advice (can i get it free)??

any suggestions.

thank you.

bazza5070

It would have been viewed as 'not good cause' as you could possibly have travelled on one of the 13 other days during the two week benefit period, thus not jeapodising your signing day.

Jafman

bazza5070 wrote: »

It would have been viewed as 'not good cause' as you could possibly have travelled on one of the 13 other days during the two week benefit period, thus not jeapodising your signing day.

Thankyou for your response. As I did not want to fill this thread with every detail of my situation I have omitted the 2 pages I included in my statment to the DWP.

The motorbike could not be collected on any of the other 13 days. It was a case of get it today or not at all and lose my deposit.

swingaloo

They will not take that into consideration. The rules are- you sign at the appointed time or you lose your money. Nothing should get in the way of your signing appointment and if anything has to then you should let them know in advance.

Jafman

swingaloo wrote: »

They will not take that into consideration. The rules are- you sign at the appointed time or you lose your money. Nothing should get in the way of your signing appointment and if anything has to then you should let them know in advance.

With all due respect did you read my post?
The reason I missed my appointment was due my transport breaking down! How in the name of sanityy can I or anyone else let the DWP know of a mechanical failure in advance?

Please if anyone can actually help with advice or information rather than just opening some random orifice that would be greatly appreciated.

UsetheFORCE

Jafman wrote: »

With all due respect did you read my post?
The reason I missed my appointment was due my transport breaking down! How in the name of sanityy can I or anyone else let the DWP know of a mechanical failure in advance?

Please if anyone can actually help with advice or information rather than just opening some random orifice that would be greatly appreciated.

As far as the DWP go, it is quite often best to lie... in your situation you should of rang in sick. Sorry but honesty is quite often NOT the best policy!!!

A bit like if you are studying, it is best to not inform them if you can avoid it, some jobsworth will make your life difficult.

I think unfortunately that you are screwed on this, I don't think they will think you collecting a bike is an acceptable excuse!

Did you tell them where you were when you broke down??? If you were between your home and the Jobcentre then fair enough but if they knew you were 100 miles away then some jobsworth would consider that it was self inflicted and totally unnecessary for you to be there!!!

lighting_up_the_chalice

Jafman wrote: »

With all due respect did you read my post?
The reason I missed my appointment was due my transport breaking down! How in the name of sanityy can I or anyone else let the DWP know of a mechanical failure in advance?

Please if anyone can actually help with advice or information rather than just opening some random orifice that would be greatly appreciated.

But the mechanical failure must have occurred PRIOR to your signing appointment.

timbo58

I wouldn't resort to rudeness however inane you think the posting: remember they have clearly been here longer than you and have many more posts -they'll get respect for that and vice versa.

Is there an appeal procedure?
If so -use it.
If not -get a CAB appointment.

I doubt there is a legal action approach to this that would be either likely to be succesful or/and free to be fair.

pmlindyloo

Jafman wrote: »

With all due respect did you read my post?
The reason I missed my appointment was due my transport breaking down! How in the name of sanityy can I or anyone else let the DWP know of a mechanical failure in advance?

Please if anyone can actually help with advice or information rather than just opening some random orifice that would be greatly appreciated.

If you want some help then I suggest that you are careful with the way you word your replies. Being rude does not endear you to anyone. Help here is given freely and sometimes people come across as a bit 'to the point'. Please do not respond with frustrated impoliteness.

You have done your appeal and now you must wait and see what the decision maker decides.

What we have learnt on here, through the many queries we get, are that the rules are becoming tighter and tighter as regards people claiming benefits.

They are not interested in how cold it was and how annoyed you were. You could have phoned them immediately you broke down. Leaving it until the next day is a 'no no' in their eyes unless it is a real emergency. (life and death situation )

We are not being harsh, just realistic and yes, we can give our replies sugar coated but some people believe in giving it straight.

Good luck with your appeal.

swingaloo

Yes, I did read your post! There would be no point responding to it otherwise would there.

Even if you didn't appreciate my answer it still stands.

You knew you had an appointment, and an important one at that. You set off on a 200 mile round trip so you took the risk.

You must have known that you would not make the appointment long before your signing time yet you did nothing (Sorry I don't buy the 'forgot'). The implications of not signing are shown on your paperwork from the job centre telling you what happens if you don't sign.

Now you now want to take legal action!

On what grounds exactly?

concerned43

The answer to your question is no you cannot take legal action. Part of your contract with jcp is to turn up for signing on - unless one is ill - you are allowed 2 periods of sickness within one year. Therefore I would suggest you appeal and if you are that depressed and suicidal then perhaps a trip to your gp would be advisable - gp may give you sick note which would allow you to claim ESA if GP thought you were not fit to work. Hope everything works out for you but as another poster pointed out you have to learn how the system works and play it the correct way.