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Will benefits stop whilst decision maker making decision?

Hi Everyone

Is it true that if you insist on a matter being referred to a Decision Maker, you will not get JSA / Income based JSA whilst the decision is being made, as your adviser can decide that your Jobseeker's Agreement or Claimant Commitment are no longer in force (since s/he does not believe that it is a true statement of the claimants availability for work and agreed steps to find work). In which case the claimant may be able to claim a hardship payment?
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Comments

  • tomtontom
    tomtontom Posts: 7,929 Forumite
    Need more information - is this a new claim, does this relate to a proposed sanction? A sanction can only be applied by a DM. If you are sanctioned you can claim hardship after two weeks.
  • cc120
    cc120 Posts: 122 Forumite
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    tomtontom wrote: »
    Need more information - is this a new claim, does this relate to a proposed sanction? A sanction can only be applied by a DM. If you are sanctioned you can claim hardship after two weeks.
    Hi tomtontom, I'm long term unemployed and just been asked to attend the job centre daily, which I would like to challenge, first by writing to Job Centre manager, but I've been told (CBA) that if manager cannot resolve and I ask to refer to Decision Maker my income based JSA will be stopped whilst the decision is being made?
  • System
    System Posts: 178,376 Community Admin
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  • busy_mom_2
    busy_mom_2 Posts: 1,391 Forumite
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    Basically JCP adviser will state why they expect you to attend daily. It doen't have to be added to your claiman commitment. but you face a sanction for each time you FTA.
    You can claim hardship but face nothing for the first 14 days of each sanction. Why are you against daily attendance? Thay have to re-emburse your fares so why not just attend?
  • cc120
    cc120 Posts: 122 Forumite
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    Are you on work program post work program support or back to work scheme
    Hi coalville, I'm on the back to work scheme, finished work programme in December.
  • cc120
    cc120 Posts: 122 Forumite
    Part of the Furniture Combo Breaker
    busy_mom wrote: »
    Basically JCP adviser will state why they expect you to attend daily. It doen't have to be added to your claiman commitment. but you face a sanction for each time you FTA.
    You can claim hardship but face nothing for the first 14 days of each sanction. Why are you against daily attendance? Thay have to re-emburse your fares so why not just attend?
    Hi busy mom, in claimant commitment is the stipulation that I have to attend whenever required. I live too close to the Job Centre to get assistance for travel. Against daily attendance as it doesn't achieve anything towards getting a job.
  • amiehall
    amiehall Posts: 1,363 Forumite
    cc120 wrote: »
    Hi busy mom, in claimant commitment is the stipulation that I have to attend whenever required. I live too close to the Job Centre to get assistance for travel. Against daily attendance as it doesn't achieve anything towards getting a job.

    It's a PITA but, especially if it's close, why not just go? I guess it depends how much you need your benefit money.

    I can't imagine "I don't want to go" is going to be taken very seriously by the decision maker. Is there more to your appeal than this?

    I'm sure a lot of the job centre staff also believe that it's a waste of time, but it's the policy so... You'd be better off writing to your MP about what a waste of time it is.
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  • cc120
    cc120 Posts: 122 Forumite
    Part of the Furniture Combo Breaker
    amiehall wrote: »
    It's a PITA but, especially if it's close, why not just go? I guess it depends how much you need your benefit money.

    I can't imagine "I don't want to go" is going to be taken very seriously by the decision maker. Is there more to your appeal than this?

    I'm sure a lot of the job centre staff also believe that it's a waste of time, but it's the policy so... You'd be better off writing to your MP about what a waste of time it is.
    Thanks. Going to write letter of complaint to job centre manager and cc to local MP.
  • busy_mom_2
    busy_mom_2 Posts: 1,391 Forumite
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    JCP manager will be a waste of time TBH. They process are sent from ministers so the manager cannot change it. Why do you feel it will be a waste of time? Why not make use of the time and I am presuming your JCP has internet devices so why not do your jobseach whilst there? Make use of the time and apply for some jobs, ask for some help then you will satify the ctieria of looking and leave you free do what you want the rest of the day.
  • patman99
    patman99 Posts: 8,532 Forumite
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    Don't forget that if you are having to attend an official JC appointment on a day other than your normal signing day, then you are entitled claim travelling (by public transport only).

    Make sure you do claim if you have to use the bus or train to get there.

    As for a sanction. According to a whistleblower in the The Mirror, JC advisers are trained to set claimants up for a sanction every time they attend, so make sure you do turn up. Otherwise they may sanction you and go for a higher sanction of 13 weeks.
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