Helping someone claim JSA - questions

Robbie64

I wonder if someone can help me with some advice:

The basic situation is the son of a friend of mine is having trouble claiming JSA. He was refused ESA after going through the conversion from Income Support / Incapacity Benefit and after after appealing against the decision, lost the appeal.

He has decided to claim JSA rather than make a new claim for ESA.

He went to the Jobcentre who refused to take a claim from him telling him he had to make a claim for JSA online. He explained he has no access to the internet and alos wouldn't know how to use a computer even if he had access so was advised to go to his local library and make a claim from their computers and ask for assistance from the library staff. Upon going to the library he was told there was no-one available there to help him and was referred back to the JC. Who refused to help him and told him to go back to the library and to make an appointment to get someone to help him.

The library said they had no-one available for three weeks and he was told to go back to the Jobcentre.

At this point my friend asked me if I could help his son with making a claim to JSA by helping him complete the online claim form.

My questions are, if anyone can help:

1. are the JC in a position to refuse to take a paper or telephone claim? Is it legal?

2. Should he contact his local MP? If so, on what grounds?

3. As I understand it, to use Governement online claim forms it requires a person having to register via the Government gateway which reqires a registration and then a password to be sent out. Will this slow down his claim?

4. If he is unable to use a computer will the JC staff seek to stop his money from the start given that all Jobseekers are supposed to register for Universal Jobmatch, something that will be impossible if someone can't use a computer.

5. This is on a selfish level - should I help? The Data Protection Act 1998 would surely mean that anyone using my computer to provide personal information means i have to take precautions to snure that information held on my computer should be held in a secure manner. I can't guarantee that. Am I liable to be held in breach of the DPA1998 if what I have to input on his behalf is readily available for anyone else to access. which it will be.

Aplogies for the lengthy post but I find this behaviour by the Job Centre to be disgraceful.

bloolagoon

I help people all the time. Just help him, the information isn't on your PC.

alexjonsson

He can claim by phone.

https://www.gov.uk/jobseekers-allowance/how-to-claim

I can't accurately answer the data protection questions, but my understanding is that the information wouldn't remain on your computer it would just be submitted to an online form.

However, there could be the potential for the information to be kept depending on your 'autocomplete' settings, but you could negate this by using Google Chrome's incognito mode.

However, just give him the Jobcentre Plus phone number and it won't be a problem.

Robbie64

Can I also add that I'm very reluctant to help someone make a claim for any benefit on what would basically be on their behalf. I'd rather not have to do it.

Any answer I give on behalf of anyone else would potentially leave me open to prosecution if, later, it was found the facts as given were shown to be incorrect. But on the other hand what is someone supposed to do if that person really is not in a position to be able to make a claim to a benefit because, for whatever reason, the person is unable to make a claim online?

It seems to me it is intended to prevent people from making a claim to benefit if they are unable to make a claim in a manner that fits in with the way the DWP would like it to be made.

Robbie64

alexjonsson wrote: »

He can claim by phone.

https://www.gov.uk/jobseekers-allowance/how-to-claim

I can't accurately answer the data protection questions, but my understanding is that the information wouldn't remain on your computer it would just be submitted to an online form.

However, there could be the potential for the information to be kept depending on your 'autocomplete' settings, but you could negate this by using Google Chrome's incognito mode.

However, just give him the Jobcentre Plus phone number and it won't be a problem.

The DWP won't let him claim by phone. Around here the ability to claim by phone ended a few months ago, apparently.

Thanks for the other advice though.

bloolagoon

Robbie64 wrote: »

Can I also add that I'm very reluctant to help someone make a claim for any benefit on what would basically be on their behalf. I'd rather not have to do it.

Any answer I give on behalf of anyone else would potentially leave me open to prosecution if, later, it was found the facts as given were shown to be incorrect. But on the other hand what is someone supposed to do if that person really is not in a position to be able to make a claim to a benefit because, for whatever reason, the person is unable to make a claim online?

It seems to me it is intended to prevent people from making a claim to benefit if they are unable to make a claim in a manner that fits in with the way the DWP would like it to be made.

They claim, you just sit with them but I suspect you would just not rather do this.

alexjonsson

Robbie64 wrote: »

Can I also add that I'm very reluctant to help someone make a claim for any benefit on what would basically be on their behalf. I'd rather not have to do it.

Any answer I give on behalf of anyone else would potentially leave me open to prosecution if, later, it was found the facts as given were shown to be incorrect. But on the other hand what is someone supposed to do if that person really is not in a position to be able to make a claim to a benefit because, for whatever reason, the person is unable to make a claim online?

It seems to me it is intended to prevent people from making a claim to benefit if they are unable to make a claim in a manner that fits in with the way the DWP would like it to be made.

Can your friend's son use a telephone? If so, give him the number! You can't be prosecuted for doing that - you could perhaps use disappearing ink to make sure there is no trace of you helping him.

alexjonsson

Robbie64 wrote: »

The DWP won't let him claim by phone. Around here the ability to claim by phone ended a few months ago, apparently.

Thanks for the other advice though.

Sorry, I hadn't read this before my last post. I do however find it hard to believe - do you have a reference for this?

Robbie64

bloolagoon wrote: »

I help people all the time. Just help him, the information isn't on your PC.

Thanks. I will do but isn't it dreadful that the DWP themselves won't help him?

I haven't asked that for an answer but more as a thought. I think the DWP are totally out of order for not helping him.

Robbie64

alexjonsson wrote: »

Sorry, I hadn't read this before my last post. I do however find it hard to believe - do you have a reference for this?

It is just what he told me but it is apparently happening in several JC Districts where they are refusing to take paper or telephone claims. I have read about that happening though.

When_the_going_gets_tough

I think this is correct - telephone claims are no longer allowed. I think they are meant to provide access to computers at the jobcentre but they clearly ignore this requirement.