Jobseekers Allowance sanction help please

Yadayada

I have been sanctioned 13 weeks payment (£950) for missing a Work Programme appointment.

The reason for missing it was because I was working in a charity shop to gain work experience! I had informed the Jobcentre several weeks earlier of the placement and filled out their form for voluntary work.

The WP appointment that I missed was with a financial advisor, it wasn't for a work focused interview. They asked me if I would like to speak to their financial person for advice so I just said ok. (I didn't particularly even need any financial advice at the time...Ironically, as a result of this, I do now!!) Then a few days later I was asked to work at the charity shop on that same day. I emailed the WP office directly to let them know.

As I was ASKED if I wanted to have financial help, I had no idea that they would sanction me for not attending a "mandated" appointment. Also I had already told the Jobcentre about the charity shop work and filled out the appropriate form with all the details which they accepted at the time. I let the WP office know two days before the appointment.

I appealed against the decision but they did not change their mind. I realize now that appealing to reasonableness is a lost cause. They are like robots, they do not care how many people starve or die because their absurd sanctions. If they can legally get away with not paying you, they will, no matter what.

So, I was wondering if I had any chance of getting the decision overturned on a legal technicality?

They sent me a Mandatory Reconsideration Notice, which under the sub-heading "Law used to make the decision", cites various articles of law, one of which is Jobseekers Act 1995 Section 17A.

But Section 17 clearly states; "Regulations may provide for the amount of an income-based jobseeker’s allowance [payable in respect of] any young person to whom this section applies to be reduced....“young person” means a person who has reached the age of 16 but not the age of 18."

As I am not in the that age group, this law does not apply to me. So one of the cited laws used to make this decision has been applied incorrectly.

Is this grounds enough for having the decision nullified?

Thanks!

Diary

When you filled in the form for voluntary work did you get a reply? I'm talking about voluntary work permission granted in writing not verbally by DWP.
If you did get permission in writing to do this voluntary work you must appeal this spiteful decision. If you didn't get it in writing maybe appeal anyway.
You can take this to tribunal - you don't need to go into points of law technicality at this stage.
If you didn't get permission in writing to do this voluntary work please learn from this, always get it in writing - DWP in my experience will always go back or deny what they've said.

pmlindyloo

With all due respect I do not think the voluntary work has anything to do with this.

Personally I believe that the OP should focus on whether attendance was mandatory or not.

It is unclear what you were told OP. Were you told that this was a mandatory activity and that you could be sanctioned if you did not attend/ Was this in writing or a telephone call?

You could have a case if at no time were you told that this was a mandatory interview and you could be sanctioned if you did not attend.

If you considered that this was a voluntary interview then you need to say so pointing out that you were not told it was mandatory and since you were asked whether you wanted to attend you assumed (in the light of nothing to the contrary) that it was voluntary.

You can add that you had been asked to volunteer that day and gave them notice that you were unable to attend.

So the focus is on whether this was voluntary or mandatory and you had been informed which it was.

If you knew that it was mandatory then IMHO you will have to accept the sanction since you should have said 'no' to the voluntary work on that day. That is what being a volunteer is - you can say 'no'.

[Deleted User]

If you have appealed and they have upheld their decision personally I would contact my MP,they are on another 3 week break so will be looking for something to do