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eyewil

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  1. I have just been sanctioned till August for not applying for a job that my Advisor had told me to apply for. Apart from the fact that I told him I had been offered a another job and was due to start soon I believe the sanction is unlawfull as I had taken the required 3 steps a week and applied for more than the required amount of jobs set in my JSA agreement. Guidelines state... ((You are supposed to take such steps "as can reasonably be expected" to find work. But the legal definition of Actively Seeking Work is that you are "expected to take more than one step on one occasion in any week" to find work (JSA Regs reg 18(1))) Recognised steps are: Applying for jobs in writing, personally or by phone. Seeking information on jobs from adverts, recruiting agencies and employers Registering with employment agencies and businesses Appointing someone else to help you find work Drawing up a CV Getting a reference from a previous employer Researching potential employers / occupations. I have been back in the UK for under 4 months and been signing on just over 3 months and in that time have taken far more than the minimum required action every week. My Advisor was rude, told me that all the other jobs I had applied for counted for nothing and I might face santions(he also said I was ****ing him off). He then insisted I apply for more of their goverment approved jobs. When I returned in a fortnight later I had filled in the section that asks about what I had done to look for work and I had written in the actual jobs I had applied for and interviews I had attended(I also wanted to tell him about the position I had been offered as a PA) Once again like a demented automaton he went straight for the kill focusing on the job he had given me last visit. When I tried to explain about the other jobs I had applied for, which I also had far more chance of getting, the fact that I had just been offered a position, that I was still applying for other jobs that I could fit in around the PA job he told me "nice story but irrelavent". I then got the sanctions letter in the post. Phoned the DWP and spoke to a lovely lady who agreed that if I was telling the truth it would be an unfair sanction (she said she could see nothing about sanctions on her comp) and that I needed to speak to the jobcentre. Tried that all yesterday and today, I tried the route that they have made the mistake and that I wanted a trained staff member to give me their interpretation of the (Flexible New Deal Guidance dwp.gov.uk/docs/fnd-section-8) as I wanted to base my appeal on that I was activly seeking work, they told me they didnt do that and I would have to wait for a phone call from the appeal board to . So all I have put on my appeal form is that I would like someone to phone me to discuss section 8 and give me the goverment interpretation of it paticulaly 8.27. I believe I can over turn the sanction easily by proving that I have been offered a job but I intend to fight it on the fact that I was ACTIVLY SEEKING WORK as legally defined I also asked for figues or where I could find them of the numbers and percentage of people santioned by my job centre, percentage that appeal and percentage that are overturned, I was told I would have to write to my MP for them. (news flash: just got offered another job Anyway, if its overturned then they are admitting they were wrong and I will want at least a written apology, But am now thinking of taking them to court for breaching my human rights. Will post any updates Can anyone offer me any advice? Cheers Adam
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