JSA - Backdating Claim due to JCP not calling at agreed times

[shortcrust]

Hi All! (sorry if this is a bit long..)

I'm after a bit of advice as I'm feeling a bit helpless and very annoyed with JCP!

I submitted an intent to claim JSA on the internet in June and specified a morning phone call. The first time they called was in the afternoon so I asked them to call back the following morning. The next day they called at 4.30pm. I could hear the caller, but they could not hear me. They then wrote saying they had tried to contact me and asked me to call them to continue the claim. It was about two weeks until I got round to doing this, which I know was silly.

After my interview at the jobcentre I received a letter saying it had been decided that my claim date would be the date of my interview (no info was given about disagreeing/appealing this) because they had been unable to contact me in June on the day I they couldn't hear me. I submitted a backdated claim on their suggestion which has been rejected.

I am after general advice, but would also like to know whether they should have told me I could have disagreed with their original decision. The exact wording of the first letter is:

"I have decided that the first day of your claim will be 12/07/08, this is because we were unable to contact you back on 18/06/08 to continue with your claim."

My feeling is that had I been given the option of disagreeing with this decision I would have had a strong argument in that I had asked for morning calls on the internet, and had asked to be called on the morning of 18/06/08 (as mentioned above, the call came at 4.30pm). I explained in my backdated claim that I kept the mornings free for their calls and used the afternoons for other activities (shopping, visiting local library, jobcentre etc).

Thanks in advance for your help and advice

[old_andrew2007]

bump

[Conniff]

I don't understand why when they called you the first time, albeit late, why you wouldn't take the call then and asked them to call back.

Also your non response to the letter for two weeks would have suggested to them that there was no urgency in claim, this again is backed up by your posting here a month after you received their decision.

It's very unlikely they will change their minds, but you have nothing to lose by sending in an objection to the start date, only do it now, not in another months time.

[shortcrust]

Originally Posted by Conniff

I don't understand why when they called you the first time, albeit late, why you wouldn't take the call then and asked them to call back.

Because I was driving at the time, on my way to the supermarket. It was around 4pm. I was reluctant to take the call at the side of the street without much of the info they would need to hand (work contact number, bank details). Hope that makes things clearer.

I can understand why this might wind some people up, but I believe there is also a principle at stake here. If JCP give people the option of choosing a calling time they should stick to it. It is simple courtesy. People claiming benefits are entitled to lead busy lives!

I know not getting in touch for two weeks was foolish, but (and I know this sounds lame) I get very anxious and nervous about making phonecalls for things like this. I kept on saying 'I'll do it tomorrow...' and unfortunately the tomorrows quickly added up. I was not in urgent need of funds and didn't need urgent help with my jobsearch. However, I was available for and actively seeking work so there has been no attempt to deceive.

Anyway, a bit of an update for you...

I called them earlier this week to ask whether their letter which I quoted in my opening post should have contained info on the disagreement/appeal process. They said it should have done. I've also been told by a friend of mine (who I hope knows their stuff!!) that as they give a specific reason for their decision in that letter - that they could not contact me on 18/06/08 - that this is now the only point which need be addressed when I ask them to look again and/or when I appeal.

I suspect that poor administration on the part JCP will result in my claim being successful. I will update this thread when I have news.

Oh and I expect to be working again within the next couple of weeks. Hooray!!

[shortcrust]

Originally Posted by Conniff

this again is backed up by your posting here a month after you received their decision.

This is not correct. The letter about their decision was received by me less than a week ago. I takes them a lot of time from interview to letter!! But thanks for your warm support.

CORRECTION: Sorry, it was received just OVER a week ago.

[seftonview]

You need to write to them stating that you wish to appeal against their decision not to backdate benefit from the date of interview to the intended date of claim, and setting out your grounds. You would need to demonstrate that there has been an official error to succeed.

They will reconsider their decision, and then either (a) find in your favour and backdate benefit, or (b) not find in your favour, and refer the matter to the Tribunals Service.

Your appeal must be received by JCP within 28 days of the date of their letter.

[Elenathion]

A claim is valid for one month from first contact so what date did you make the application and what date did the interview happen?

If you're claiming JSA then they do expect you to be ready to drop everything if they ask you to so they may argue that by waiting 2 weeks to call you weren't available to look for work. Be prepared for this.

Good luck =O)