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

timbo58

IMHO the DWP decided in the first place that not turning up for signing on was worthy of a sanction, when he rang they took it as an appeal and after consulting a decision maker they decided to uphold his appeal.

That might be because he was prepared 'to take it further', but probably because (with my limited experience of being on the dole many years ago and my ex being a DWP fraud investigator) if he had dependants he could presumably claim for hardship payments in any case: by the time all the paperwork and faffing about the DWP staff would have to do just to do all that, they probably thought it was easier to simply pay up.

I wouldn't be at all surprised if they have 'marked' the case however so if anything remotely similar happens he won't get any appeal listened to next time.

miduck

justlooking2012 wrote: »

Is it so far fetched though? If the jobcentre or whoever knew that he had a family to feed and that perhaps their decision would not hold and also that he was taking it further and appealing recording calls etc would they not go down the route of damage limitation and make the payment/decision at the earliest opportunity??
I personally do not know but anything is possible

Yes, it is far fetched. If the OP appealed his case would go in the queue with the rest of them, a phone call would not make this happen any quicker. I'm smelling BS - things do not happen this quickly when they have messed up, let alone when they have not.

Recording the call would not make a bit of difference, the JCP has done nothing wrong.

justlooking2012

miduck wrote: »

Yes, it is far fetched. If the OP appealed his case would go in the queue with the rest of them, a phone call would not make this happen any quicker. I'm smelling BS - things do not happen this quickly when they have messed up, let alone when they have not.

Recording the call would not make a bit of difference, the JCP has done nothing wrong.

Well as I said I dont really know, I just thought anything is possible but being a government department I probably should have known better.

On a side note I know why posts of mine have been being removed, I have not mentioned anuses enough

von

I bet the OP will be on time for his signing on time in future though - lesson learned (possibly....).

sunflower_2

if an employee cannot get into work for any reason - they must telephone the employer.

if not (unless there are exceptional circumstances i.e. not travelling to purchase a motorbike before shift) the employee will most likely be disciplined.

i very much doubt they would receive payment for their unauthorised leave.

cant see your case being any different, other than you dont seem to find your appointments with the jobcentre of any importance.

iluvmarmite

I realise my case might be different but I was put in the WRAG group ESA, to make the appointment at the job center I had to take 6 strong pain killers all at once, this was making me very sick, I rang and explained this but was basically told tough you still have to go to the job center or lose money.

I then sent the DWP a letter, and an email to my job advisor that I would take legal action against them as they were making me more Ill by making me attend these appointments, I posted the letter on a Monday, by the Friday I had a phone call saying they were sending me an appeal form to go into the support group and untill the appeal was heard I would not have to attend the job center any more but would get the interviews by phone call or email.

So it's not unheard of, or impossible to get a quick response once legal action is threatened.

Pollycat

Jafman wrote: »

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

Jafman wrote: »

those above that talk from your anuses. (yes you have more than 1)

are you DWP staff?

Good luck with getting a job.

If you display a similar attitude to people trying to help you in that as you have done to posters on here, it may be a long time coming.

bazza5070

Always amazes me the amount of people that 'forget' about their signing appointment, one would think if it is your only source of money that it would be uppermost in your mind!! I have never yet managed to get away with 'forgetting' to go to work :rotfl:

miduck

iluvmarmite wrote: »

I realise my case might be different but I was put in the WRAG group ESA, to make the appointment at the job center I had to take 6 strong pain killers all at once, this was making me very sick, I rang and explained this but was basically told tough you still have to go to the job center or lose money.

I then sent the DWP a letter, and an email to my job advisor that I would take legal action against them as they were making me more Ill by making me attend these appointments, I posted the letter on a Monday, by the Friday I had a phone call saying they were sending me an appeal form to go into the support group and untill the appeal was heard I would not have to attend the job center any more but would get the interviews by phone call or email.

So it's not unheard of, or impossible to get a quick response once legal action is threatened.

Your case could not be more different. You were going to suffer harm if you attended, the logical thing therefore would be to delay your WFIs - no one needed to make an official decision to allow this, they simply applied common sense. The OP simply failed to attend through poor planning and then failed to contact them at the relevant time.

These threats of legal action really are pointless, and the JCP know it. They will not hurry anything along simply because you make an idle threat!

rogerblack

Jafman wrote: »

T
I simply phoned and explained that I was seeking legal advice regarding expenses incurred due to this sanction. (overdraft charges etc etc) t

To strictly answer this part of the question.

Not a hope in hell.
Your only chance of challenging a decision like this on those grounds would be a civil case against the official in question, for actively missaplying the law, or a judicial review.

If you are found later to have good cause, you may have grounds to apply to the DWP for compensation due to their maladministration.

But if you are not found to have good cause - you have absolutely no hope of getting any restitution through the courts, in most circumstances.