Won my "sanction" appeal, but I'm getting ignored now!

GotNoMoney

In June 2013 I had a 4 week "benefit sanction" slapped on my Jobseekers Allowance courtesy of "Seetec" because I was 15 minutes late for an appointment.

On a day when the traffic was bad and the bus was late, I thought being 15 minutes late once wasn't justification for taking £284 off someone, so I appealed.

I won the appeal, because I got a letter back that said:

"The appeal is allowed"

"The decision made on [sanction date] is set aside."

"The appellant was 15 minutes late for his appointment this could constitute good cause for the failure to attend at the appointed time"

Oh good, I thought, I will get the 4 weeks sanctioned money back totalling nearly £300.

The quotes above are from a letter they sent to me back in October 2013.

I left it until Christmas and asked in the local Job Center what was going on, I had money took off me in June, won my appeal in October and it is now the end of December and I have not heard anything else.

A guy in the job center said ring them from their phone, so I did. Unfortunately in doing this I have no idea what number I was ringing, you just press "2" etc to go to different departments.

They told me (on 31st December) we will ring you back before 1PM on 2nd January. I never got the phone call, no one rang.

Next I sent a letter to the people that had originally sent me the October 2013 letter stating that their sanction decision had been "set aside". In this letter I asked where things are up to, I am £284 out of pocket here and still to this day owe people money I had to borrow back in June 2013.

It seems as though they are just never going to give me the money back despite me winning the appeal!

Their letter (I received today and hence this post) says this:

"Thank you for your letter which was forwarded to a district judge for consideration"

Why are they forwarding my letter to a district judge if I have already won my appeal?

"The judge has pointed out that we cannot give advice and has suggested that you contact your local CAB or Welfare Rights organization for help with this matter"

I wasn't requesting any advice, I was asking for my money back.

Why would I need to do that when I have appealed already and won the appeal. Why is a district judge looking at a case that has already been decided back in October 2013!

Why won't they give me the money back and why are they fobbing me off?

rogerblack

You would not normally contact the tribunals service at all.
Who did you contact at the jobcenter about your tribunal decision, and when.
If the people at the jobcentre told you to call the tribunals service - this wasn't correct.
It's JCPs problem to refund you the money.

If, and only if JCP refuses to act on the tribunals decision in principle would you approach the tribunals service to get a direction from the judge that they must reverse the sanction.

HB58

Your case was put to a Judge because you contacted the Tribunal Service to ask what was happening. The Judge said that s/he couldn't do anything to help and suggested you try CAB. Having made the decision, the Tribunal Service have nothing further do do with your case, it is now up to DWP to pull their collective finger out and pay your money.

GotNoMoney

OK thanks guys I understand it now.

I just assumed the people that rule in your favour would ultimately be the same people that hand you the money back, since they are the ones deciding it.

I will just ask again in the job center and explain about the phone call I never got back. It was January 2nd after all.

osdset

You may well find that JCP/DWP are in no great hurry to act on tribunal decisions. Get some copies made of the tibunal notification you received, and be prepared to keep sending them in to JCP, I will lay a pound to a penny they say they've either lost the notification, or never received it.

jobseeking_help

Gotnomoney

It is all too typical for WP providers to act in a high minded manner and the Deciosn makers appear to sanction without question.

The problem is that you are going to have to get 3 different depts within DWP to act.

It is probable that the Benefit Delivery Centre that pays the JSA either never received, lost or acted upon the request ( if ever sent ) to overturn the sanction from the Decison maker

1 You will have to get your local jobcentre to discover which Decison Making office and officer overturned the sanction decision. This may not be easy as some offices outsource the work to other DM offices who inturn out source again.

2 Jobcentre will then have to request DM office to send again the 'allowed' decison to the Benefit Delivery Centre. Typically this will not happen the first time

In Dec a client finally received JSA from allowed sanction initially imposed in June.

All the best