Help reclaiming benefit after sanction

Noseybonk1986

Hi there all

I wonder if anyone could help me. This is going to be a long post so apologies in advance! I have been looking at appealing benefit sanctions which i have had applied to my claim while i was getting monthly Universal Credit for jobs seeking.

I have had sanctions applied twice due to various mix-ups and disagreements with a very unpleasant member of Job Centre staff who became my adviser, after being given my file from an adviser i had previously, whom i got on with really well.

During my time when i was claiming Universal Credit, i have been quite unfortunate at times during my job seeking. This includes various job offers and contracts i'd signed, only for agencies to let me down last minute, even after getting a start date resulting in me informing DWP i was starting work.

One job offer i had after having my CV scouted online, was under the guise of what is a genuine company that exists, but turned out i was dealing with fraudsters posing as this business, and trying to steal my identification information and payments for background checks!! Due to this job offer at the time though of which i believed was genuine (it was a very elaborate scam, genuine office locations given for inductions etc!) i told my adviser i would not be attending the appointment i had booked with her because i now had got work, and didn't need her assistance.

My latest sanction is due to missing this particular appointment.

The truth is in general over this period however, that i had been making numerous requests to have my adviser changed, as she spoke to me like i was a criminal or a child, and was generally really rude and condescending. This is despite the fact i was clearly a very motivated job seeker. She seemed to be keen on winding me up to the point she would have excuses to refer me again to decision makers and cause me further issues.

To compound matters, i have suffered terrible depression and anxiety for over a decade, and over the six months or so i was looking for work, i found some days very difficult to cope. I did not want to deal with this woman at all in the job centre when i was having a particularly bad day, and at times i genuinely went out my way to try and re-arrange appointments or cancel them having to ring in sick just to avoid my adviser. This was foolish on hindsight to tell her i would not attend the appointment but as i thought a the time i had nailed a job, i used this as an excuse so i did not have to deal with her again in the period leading up to the start date.

The amount of times my adviser has referred me to a decision maker left me in extreme poverty for months on end, and the final benefit payment of monthly Universal Credit due to me was around 30 pounds instead of the regular 314 i would be due.

I had been penalised once again for missing this appointment with my adviser 'despite ringing in to re-arrange'.

Over this period of time, i was struggling a lot with my mental health confidence in general, and considered applying for Employment & Support. I ended up getting numerous sick notes from my Dr to send in to DWP over several weeks. I was unable to face going into the job centre to deal with this horrible adviser, i had seriously had enough of her attitude and no one would listen to my requests to be signed up to a new adviser in this particular job centre.

I felt i was truly better off looking for work without dealing with this particular adviser as she spoke to me in a way to constantly demoralise me and patronise me that wound me up so badly because of my circumstances at the time, i would leave the job centre so angry i had tears in my eyes at one point.

The good news is, I have been working in my new job for nearly a month and enjoying it a lot. Getting to work however, and paying for my other day-to-day costs has been a tremendous struggle, as i have been left potless from the latest sanctions applied to my job seeking benefit, so i have had nothing until i get my first wage paid.

I appreciate this is going to look like a garbled post to most people, but i wanted advice on how to appeal further against these sanctions and have them back-dated. I asked for a mandatory reconsideration on my first sanction while i was seeking work, but knocked back immediately, even though i had explained i was unwell at the time and it was interfering with my routine on a regular basis causing me to forget certain dates, and had also explained about my issues with the adviser who i wanted changing.

I want to know how i can take these appeals to the next level as i truly do not believe i deserved the sanctions to the level of the amount of money taken from me, i don't feel this was proportionate to the offences i had committed when in receipt of Universal Credit. I had been left with nothing at all and my first month back at work has been a struggle to say the least.

I feel that since i have returned to work, this proves i am still a motivated job seeker despite me battling mental health issues/having an awful adviser in the job centre.

I wondered if anyone can help me in the way of taking this appeal to the maximum level of appeal that is possible. I had even considered visiting my local MP due to the treatment i had received from the staff in my local job centre. The behaviour of their agents in general has concerned me over a period of time.

Someone who was attending my local job centre took their own life recently and had told his mother the day before that he was feeling very down, due to the treatment he was receiving from staff in our local job centre. The day after he was found dead. I think i can make a guess of who it was he was dealing with who no doubt pushed him over the edge at a very difficult time.

Some of these staff at DWP are instructed to antagonise claimants to get as many sanctions applied as possible, and i find it absolutely scandalous. They don't realise the complexities of the claimants circumstances and treating people this way for simply having to look for work is beyond belief, i wonder why on earth this is allowed to carry on in this day and age.

I am still furious and hope i can get help to get my sanctions overturned and the money taken from me backdated, or a percentage of it at least.

Any help will be massively appreciated. Thanks

marliepanda

This is a long thread and I admit to skimming slightly.

Firstly I would advise against blaming this suicide on the job adviser. It's a huge leap and you are not involved. Stay that way.

Secondly, it seems like you should have been applying for esa if your depression meant you could not look for work. Again, do not blame your adviser for choosing to go down this route.

Thirdly, and the main part, you appear from your post to have missed several appointments due to job offers which fell through. After the first one you should have continued with your job appts until the job was started and secured. The first time they would have understood, but you appear to have missed a few with the same excuse. Genuine or not, you were not fulfilling the requirement for the benefit. Anyone could say 'oh I've got a job' only for it to fall through and continue the cycle.

Put it this way, I was on UC, with a part time job that sent me over the income allowed, and I still had to attend a couple of appts until the adviser was happy with the hours. I did cancel one because of a shift but I attended the next available spot until I was put on phone appointments for my work.

In summary, you missed several appointments due to calling in sick, rearranging and through cancelling due to job offers which didn't materialise. Missing appointments causes sanctions.

Mersey_2

Noseybonk1986 wrote: »

Hi there all

I wonder if anyone could help me. This is going to be a long post so apologies in advance! I have been looking at appealing benefit sanctions which i have had applied to my claim while i was getting monthly Universal Credit for jobs seeking.

I have had sanctions applied twice due to various mix-ups and disagreements with a very unpleasant member of Job Centre staff who became my adviser, after being given my file from an adviser i had previously, whom i got on with really well.

During my time when i was claiming Universal Credit, i have been quite unfortunate at times during my job seeking. This includes various job offers and contracts i'd signed, only for agencies to let me down last minute, even after getting a start date resulting in me informing DWP i was starting work.

One job offer i had after having my CV scouted online, was under the guise of what is a genuine company that exists, but turned out i was dealing with fraudsters posing as this business, and trying to steal my identification information and payments for background checks!! Due to this job offer at the time though of which i believed was genuine (it was a very elaborate scam, genuine office locations given for inductions etc!) i told my adviser i would not be attending the appointment i had booked with her because i now had got work, and didn't need her assistance.

My latest sanction is due to missing this particular appointment.

The truth is in general over this period however, that i had been making numerous requests to have my adviser changed, as she spoke to me like i was a criminal or a child, and was generally really rude and condescending. This is despite the fact i was clearly a very motivated job seeker. She seemed to be keen on winding me up to the point she would have excuses to refer me again to decision makers and cause me further issues.

To compound matters, i have suffered terrible depression and anxiety for over a decade, and over the six months or so i was looking for work, i found some days very difficult to cope. I did not want to deal with this woman at all in the job centre when i was having a particularly bad day, and at times i genuinely went out my way to try and re-arrange appointments or cancel them having to ring in sick just to avoid my adviser. This was foolish on hindsight to tell her i would not attend the appointment but as i thought a the time i had nailed a job, i used this as an excuse so i did not have to deal with her again in the period leading up to the start date.

The amount of times my adviser has referred me to a decision maker left me in extreme poverty for months on end, and the final benefit payment of monthly Universal Credit due to me was around 30 pounds instead of the regular 314 i would be due.

I had been penalised once again for missing this appointment with my adviser 'despite ringing in to re-arrange'.

Over this period of time, i was struggling a lot with my mental health confidence in general, and considered applying for Employment & Support. I ended up getting numerous sick notes from my Dr to send in to DWP over several weeks. I was unable to face going into the job centre to deal with this horrible adviser, i had seriously had enough of her attitude and no one would listen to my requests to be signed up to a new adviser in this particular job centre.

I felt i was truly better off looking for work without dealing with this particular adviser as she spoke to me in a way to constantly demoralise me and patronise me that wound me up so badly because of my circumstances at the time, i would leave the job centre so angry i had tears in my eyes at one point.

The good news is, I have been working in my new job for nearly a month and enjoying it a lot. Getting to work however, and paying for my other day-to-day costs has been a tremendous struggle,

I want to know how i can take these appeals to the next level as i truly do not believe i deserved the sanctions to the level of the amount of money taken from me, i don't feel this was proportionate to the offences i had committed when in receipt of Universal Credit. I had been left with nothing at all and my first month back at work has been a struggle to say the least.

I feel that since i have returned to work, this proves i am still a motivated job seeker despite me battling mental health issues/having an awful adviser in the job centre.

I wondered if anyone can help me in the way of taking this appeal to the maximum level of appeal that is possible. I had even considered visiting my local MP due to the treatment i had received from the staff in my local job centre. The behaviour of their agents in general has concerned me over a period of time.

You can appeal a sanction and complain about JCP staff (but they should be kept separate.)


The first stage is to request a formal mandatory reconsideration of the decision to sanction you. You don't specify the reason you failed to attend; but, 'good reason' can cover a dozen scenarios from illness, family emergency, an appointment or interview. Usually you would need to have notified the JCP within 5 days of the appointment.


You state that you requested this (but I'm unclear if you did for each sanction). If not, do so without delay. For the one where you have already requested, you next need to appeal the decision. JCP should be able to provide you with the forms, if you can't find them online, but you're best seeking help from a CAB in completing the form.


You can complain to the DWP (JCP manager > Regional DWP > COO @ DWP HQ) if maladministration has occurred, such as delays, failing to respond to correspondence or staff breaching the DWP Service Standards by being rude or beaching confidentiality etc.


Re transport costs - make sure you make an application to the Flexible Support Fund. This is designed to cover things such as transport to work costs, interview clothes, haircuts and so on. The DWP don't advertise it, but a JCP manager has to consider all applications.

Lioness_Twinkletoes

I fail to see why you'd put yourself through more stress. It's done. You missed appointments and got sanctioned. You claim to suffer with depression so why exacerbate it?

Get on with your job and your life.

paul_hollis

i was sanctioned last year for failing to attend an interview. However, and some people need to be mindful of the incompetence of UC. 1): I was working which they knew about so couldn't attend as working! 2) they had, at different times wrong national insurance number for me, sending post to wrong address and sent me the letter informing me of the appointment 6 months after the appointment.!

I completed a mandatory reconsideration notice and was told the sanction was upheld. I then took them to court. (I was told by the jobcentre staff I didn't have a chance of winning.) It took a year to get to court and I won, not only did I win, the judge was extremely damning in his response and said "he didn't believe a single word dwp had claimed" However my troubles didn't end there: Because it took a year to go to court (because they are messing up so many peoples claims) my bank charges, late payment fees etc were over £500 and I was only given £300 compensation (from dwp resolution team) so not only was I stressed and nearly evicted; I was also out of pocket. And then to add insult to injury once the sanction was lifted (3 months while waiting to go to court) they then decided after knowing I had had no money to live on for 3 months while the sanction was in place; dwp decided to take back £79 per month for overpaid tax credits from 10 years prior! A year later and still no improvement to the service (I am convinced it is done on purpose): they have been for the last few months deducting wrong wage amounts from wrong uc periods, deliberately paying me sometimes 20 days late, paying wrong amounts to my landlord and paying landlord 2 months late. Now that im 'live/full service' I do use the online journal. However , and I am never abusive or aggressive; when you post an online journal highlighting their erros (and despite sending proof) you then get accused of being aggressive and I then received a letter saying that such action would not be tolerated and legal action may be taken. !1 This is after the independent case examiner has confirmed that you have used no 'abusive or aggressive language' !!! dwp are deliberately paying people late, wrong amounts and paying landlords late so that people give up. YOU MUST NOT. if anyone has similar situations you must take your case to court (tribunal) This is the only way for you to be treated fairly and the only way UC will hopefully improve the service. It is daunting but they are playing on peoples misfortune in the hope that they give up. You must not. Even when you apply for an 'advance payment' you will not get it even if it is through their mistakes or you are waiting to go to tribunal. I was so shocked and outraged by the incompetence , deliberate or accidental, I got involved with the select committee at the house of lords; who were also very damning in their verdict of dwp/uc. I know it is a very horrible process to go through and the stress is unbearable, but if they are making mistakes, and especially if you are working, you have to fight it. Its the only way it will improve for other people. They may not care about a claimant but they do care about bad publicity and incurred court costs. How can anyone working live if they deduct wrong wages from wrong uc periods (and don't even know their own guidelines), pay wrong amounts to urself and ur landlord and keep changing the 'payment dates' (because they want to keep hold of any monies for as long as possible? if I could for one minute get legal aid I would of taken out a private prosecution against dwp, but dwp know that people like us can not get legal aid, so to make things worse in this country under this system only the rich can get justice. But fight it you must!

poppy12345

paul_hollis wrote: »

i was sanctioned last year for failing to attend an interview. However, and some people need to be mindful of the incompetence of UC. 1): I was working which they knew about so couldn't attend as working! 2) they had, at different times wrong national insurance number for me, sending post to wrong address and sent me the letter informing me of the appointment 6 months after the appointment.!

I completed a mandatory reconsideration notice and was told the sanction was upheld. I then took them to court. (I was told by the jobcentre staff I didn't have a chance of winning.) It took a year to get to court and I won, not only did I win, the judge was extremely damning in his response and said "he didn't believe a single word dwp had claimed" However my troubles didn't end there: Because it took a year to go to court (because they are messing up so many peoples claims) my bank charges, late payment fees etc were over £500 and I was only given £300 compensation (from dwp resolution team) so not only was I stressed and nearly evicted; I was also out of pocket. And then to add insult to injury once the sanction was lifted (3 months while waiting to go to court) they then decided after knowing I had had no money to live on for 3 months while the sanction was in place; dwp decided to take back £79 per month for overpaid tax credits from 10 years prior! A year later and still no improvement to the service (I am convinced it is done on purpose): they have been for the last few months deducting wrong wage amounts from wrong uc periods, deliberately paying me sometimes 20 days late, paying wrong amounts to my landlord and paying landlord 2 months late. Now that im 'live/full service' I do use the online journal. However , and I am never abusive or aggressive; when you post an online journal highlighting their erros (and despite sending proof) you then get accused of being aggressive and I then received a letter saying that such action would not be tolerated and legal action may be taken. !1 This is after the independent case examiner has confirmed that you have used no 'abusive or aggressive language' !!! dwp are deliberately paying people late, wrong amounts and paying landlords late so that people give up. YOU MUST NOT. if anyone has similar situations you must take your case to court (tribunal) This is the only way for you to be treated fairly and the only way UC will hopefully improve the service. It is daunting but they are playing on peoples misfortune in the hope that they give up. You must not. Even when you apply for an 'advance payment' you will not get it even if it is through their mistakes or you are waiting to go to tribunal. I was so shocked and outraged by the incompetence , deliberate or accidental, I got involved with the select committee at the house of lords; who were also very damning in their verdict of dwp/uc. I know it is a very horrible process to go through and the stress is unbearable, but if they are making mistakes, and especially if you are working, you have to fight it. Its the only way it will improve for other people. They may not care about a claimant but they do care about bad publicity and incurred court costs. How can anyone working live if they deduct wrong wages from wrong uc periods (and don't even know their own guidelines), pay wrong amounts to urself and ur landlord and keep changing the 'payment dates' (because they want to keep hold of any monies for as long as possible? if I could for one minute get legal aid I would of taken out a private prosecution against dwp, but dwp know that people like us can not get legal aid, so to make things worse in this country under this system only the rich can get justice. But fight it you must!

Far too difficult to read for me, paragraphs are needed.