Referred for Sanction (JSA)

jetplane

When you returned the next day for evidence gathering did they take a statement from you or give you a form to fill in with your comments? You could ask them what you have been referred to DM for and tell them you would like to submit further evidence for the DM to consider and give them a copy of your post on here, your diary and if they say that you have failed to sign on write a statement to say you did not fail, you attended and were prevented from signing at your usual time and signed on at your rearranged time.

At the moment you have no decision to appeal. It is better that the DM has all of the relevant information including your own at the earliest opportunity.

SJI85

jetplane wrote: »

When you returned the next day for evidence gathering did they take a statement from you or give you a form to fill in with your comments?

No. They might have given me the opportunity to later, had I not lost my temper, called the member of staff "a disgrace", and the appointment then ended.

But even then, I don't think they would have. I did ask if I could provide my own statement and he just vaguely said there was by telephone after a decision has been made (by this I think he meant I could appeal).

You could ask them what you have been referred to DM for and tell them you would like to submit further evidence for the DM to consider and give them a copy of your post on here, your diary and if they say that you have failed to sign on write a statement to say you did not fail, you attended and were prevented from signing at your usual time and signed on at your rearranged time.

At the moment you have no decision to appeal. It is better that the DM has all of the relevant information including your own at the earliest opportunity.

Thanks. I've been working on gathering my written statement and evidence, it's just been interrupted by a nightime Samaritans shift. I will hopefully hand it in to the Jobcentre on Monday. So I hope that isn't too late.

My concern is how do I know my evidence will be sent to the Decision Maker?

StormyWeather_2

There's a form to fill in for a reconsideration. I wonder if that's what he meant, or if he meant there's another stage you can do first.

Then if that fails there's another form for an appeal.

missapril75

SJI85 wrote: »

...They're obliged to refer things like this to a decision maker. But of course common sense can be applied. It isn't because either a) The pressure that's placed on them to refer people to DMs or b) They're ignorant and clueless, particularly when it comes to disability and reasonable adjustments (e.g. providing a verbal record).

Mostly A) I'd say.

SJI85 wrote: »

So can I ask a further question. When referred to a Decision Maker am I given no opportunity to present my case? Can I only provide my own written statement should I need to appeal?

My experience up to 10 years ago - the first part of the process was an enquiry to you as to why something wasn't done. The decision maker would either take account of your response or ask where it was.

If it was the one in my old office he'd insist on having it and if none was forthcoming the referral would go back and forth between advisor and DM until one gave up. :rotfl:

richard9991

StormyWeather wrote: »

Are they allowed to take USB sticks at the JCP? I was told they aren't for security purposes.

jcp + should not be installing customers usb drives on there system a major security risk there could be all kinds of nasties lurking on it

SJI85

missapril75 wrote: »

Mostly A) I'd say.

Mostly, perhaps. Though I still feel the customer service manager at my jobcentre is, if not unaware of their legal obligations to those with disabilities, or just ignorant full stop. Most staff are reasonable and aware. Training for some may be an issue, but that comes from senior management.

My experience up to 10 years ago - the first part of the process was an enquiry to you as to why something wasn't done. The decision maker would either take account of your response or ask where it was.

If it was the one in my old office he'd insist on having it and if none was forthcoming the referral would go back and forth between advisor and DM until one gave up. :rotfl:

Thanks. Well I'm preparing some evidence and will see if the Jobcentre will forward this to the DM. If not I'll have to wait until I need to appeal the decision (should the DM find against me).

I'm also preparing for a meeting the customer service manager, if he is even prepared to meet with me, as I have serious concerns regarding their treatment of customers with disabilities. I'm not out to cause problems for people who do have what can be stressful jobs, I just hope we can have a civilised discussion and get reassurances. If not I'll take it further into a formal complaint.

ArtoDeeto

SIrving wrote: »

I spend 8 to 10 hours a day working part-time

On 8 hours a day that makes at least 40 hours a week so you are actually working full time. Just shut your claim and you won't have to worry as you must be earning more then Jobseekers can pay you.

SJI85

ArtoDeeto wrote: »

On 8 hours a day that makes at least 40 hours a week so you are actually working full time. Just shut your claim and you won't have to worry as you must be earning more then Jobseekers can pay you.

That's 8 - 12 hours of job related activity a day, which includes some part-time work (along with voluntary work, job searching, applications and other activity). Not 8 hours of paid employment as I realise that would mean I'm working full-time and wouldn't be entitled to JSA.

My job is as an Educational Support Worker, working in universities, and it's Zero Hours (three hours a week at the end of last term).

SJI85

In case anyone wants an update, I met with a manager today. He's informed me that I've now been sanctioned.

It doesn't take them long!

Let the fight begin.

SJI85

A further (and hopefully final) update. It looks like my sanction has been overturned at the mandatory reconsideration stage, so no appeal is necessary. Just receive a text informing me that my JSA will be paid, so expect I'll receive a letter by Tuesday.

I always knew it would be overturned, and they would have had a fight on theit hands if it hadn't, but it does annoy me that this occurs and people more vulnerable are unable to appeal for whatever reason.

The DWP's reply would be that the system works, the decision got overturned, but it shouldn't take this action from the claimant. It still let me without JSA for four weeks, not to mention further stress and anxiety.

I now look forward to signing off. Even if my new job falls through, I can't continue claiming JSA. I'd rather live off what savings I do have.