JSA Sanctioned Payment

TheBeard79

Morning All,

Long time listener first time caller,

I hoping for some advice in regards to to a sanction I've just received on my JSA payment, Let me fill you in a bit regarding my circumstances. Towards the end of last year I was unfairly dismissed form my job for gross misconduct, at the time I worked in the financial sector and one of the allegations are misappropriation so trying to find a new job with an allegation like that hanging over me is not fun to say the lest, but as this all stands at the moment I have a tribunal date set for later on in the year and my solicitor is very confidant that it will go in my favour, or even get settled with ACAS before it even goes to court.
I the meantime I'm having to relay on my fortnightly JSA payment to live, as we're (My wife and I) have gone from two good salary's down just to my wife's. anyway sob story over!

Today my JSA payment should have gone in to my bank, but no payment, so after many a call I end up being told I have a sanction on my JSA for 6 months as I apparently left my job of my own accord!!!! Nothing in writing, no emails or texts, phone calls just a stopped payment, and rude advisers on the phone. So I've got the decision maker calling me tomorrow to go over the reason why my payment has been stopped.

Now has anyone had this before?, and if no what can I expect tomorrow, the Spanish inquisition of a normal human-being? Also one of the advisers at DWP told me I might have to complete a JSA-10 something about hardship, I did try to question said adviser, but he acted like he'd said to much and needed to get me off the phone before his overseers caught him in the act of helping or doing his job.

Any feedback would be welcome at this stage i.e please help!!!:D


Thanks for you time,

The Beard.

rogerblack

Being sacked for gross misconduct is treated the same as leaving of your own accord - you voluntarily left your employment and hence are not usually entitled to JSA at all.

You will not (as I understand it) be entitled to hardship at all as your wife is working.
You have to have essentially no assets.or household income.

You will need to convince the DM that calls that you did not choose to do the misconduct, and that the allegations are more than likely false.
It may be useful to offer to send them a copy of all of the papers submitted to the employment tribunal.

In addition. If you have not properly explained how you left your job in the first place if it asked on the form - then you risk being found to have applied for JSA fraudulently - and all the JSA you have paid being repayable - as well as a penalty.

TheBeard79

Wow, Thanks Rodger.

What a joke, with out going into too many details there was no way on the face of Gods green earth I could of avoided being dismissed and I have made that abundantly clear repeatedly to DWP and the DM's in the past.

Bit of an update, I've just had the DM on the phone, and I should have received a a letter with the information in also the feedback from my last employer as to why I was "let go", but as I never received any of this they are now reinstating my payment.

What concerns me is your statement that I may have to pay my JSA payment back as a penalty, I'am at a complete loss to why I would have to do this.

Thanks again.

rogerblack

TheBeard79 wrote: »

What concerns me is your statement that I may have to pay my JSA payment back as a penalty, I'am at a complete loss to why I would have to do this.

This may be the case if it was determined that you knowingly mislead on the JSA application - for example not mentioning that you were sacked.

If you have explained when you applied what happened - what you were accused of - and the how you did not commit the acts that lead to your dismissal - there should not be an issue.

The issue is _NOT_ that there is no way you could have avoided being dismissed.
The issue is that if you in fact did the actions of your own choice which lead to your dismissal - even if you did not want to be dismissed - that dismissal may be treated as if it was you leaving voluntarily.

To make a somewhat specious analogy - choose to punch the boss in the face - and it's as much a resignation as if you hand in your notice even if you later say you don't want to leave.