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Greer8472
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Now I have been sanctioned for leaving my job voluntary several months after I handed in a claim for JSA. This makes no sense. Yes I received a letter on 16/03/10 saying there was a doubt because of this but I received another letter on saying "I am pleased to tell you that we can pay you Jobseeker's Allowance from 19/03/10". Reading that letter it suggests I am in the clear. This letter dated 19/03/10 is miss leading if it's the case if I should have been sanctioned.

Anyhow they are now informing me paying over £6k for commuting into work by public transport and more likely the same by personal transport is justifiable for a sanction and the main reason I moved it be close by my parents I one of them has been affected heavily by MS. I clearly stated this on the form I filled in about why I left voluntary.

 

Ok I have two other sanctions which I don't agree with. One where I working on a interview at the time where I was handed out a vacancy (evidence put with an reconsideration form, still waiting for a response) and the other were I had miss leading information on the company's web site which I misunderstood as a self-employed vacancy. Still waiting for the announcement of that sanction which I never got. I will be handing my evidence for that tomorrow.

Anyone know what the hell is going on?

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Hi Greer8472, you mentioned £6k (per annum? you didn't specify) in commuting costs. Out if interest, were you aware of the possibility of high commuting costs when you accepted the job, or, is their some other reason such as your employer requiring you to travel further to get to work after you began working for them. I ask this because I'm thinking along the lines of what is known within employment law as "constructive dismissal", i.e. if an employer makes changes in your job which make it impossible/impracticable for you to continue and this forces you by circumstances to resign, then this is treated in much the same way as an unfair dismissal. Don't expect help with this from JCP, this is one for the Employment Tribunal. If you have a case then this may be worth pursuing in order to win your argument with JCP by overturning the "left job voluntarily" thing.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Sorry I forgot to mention I moved with my parents due to be closer as I need to be to attend to any needs due to my mother having MS. At the moment I am living with them and I did consider staying where I was but the situation with renting a flat or apartments were a no go so I decided to move with them and resigned from my workplace being with them for about 10 years this was not forced dismissal. Investigated commuting to go from Croydon to Ipswich was about £6k buying an annual ticket. 2.5 - 3hrs commuite by car, maybe slighly less with public.

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Hi HB, the "constructive dismissal" doesn't apply here because it was greer who chose to move his/her domicile rather than the employer moving the job miles away.

 

Regards, Paul.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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you would have been better off quoting "stress" under their rules it is one reason they have to take into account.a quick read through the above suggests this might well be the case.

 

launce an immediate appeal quoting "high stress levels" a gp's letter would help too,your parents illness no doubt has contributed greatly to the stress and the financial burden of transport fees further contributed to the anxiety.

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So you're saying that you received no decision on a doubt raised 6 months earlier?

 

You really need to get some expert advice from somewhere on this (CAB, Welfare Rights, Community Legal Service) as by the looks of it you've been stitched up like a kipper.

 

May have a case of unfairness on the time taken to come to this decision, but jsa12 has a point whereby you may have incriminated yourself and now should be looking at getting the sanction length down.

 

An example taken from this site (rather militant in view so I wouldn't trust following the advice on it) http://www.unlawfulsanctions.org.uk/Social-Security-Jobseekers-Allowance-Benefit-Sanction-Appeals.html

 

8. Don't fall victim to the Appeal [problem]!

 

If you are appealing against a sanction decision because you gave up your job - if you say you were paid under National Minimum Wage and it was true you have "good cause". If you state the same reason, but also said "it was too far from home and cost too much to travel to" you will no longer have "good cause".

 

You must be careful - generally speaking the more "good" reasons you stick down the better, however, if its specifically an law issue (its illegal to pay someone under ther NMW and thus you have a right to give up such employment) you need to keep specifically to that point - no others.

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So you're saying that you received no decision on a doubt raised 6 months earlier?

 

You really need to get some expert advice from somewhere on this (CAB, Welfare Rights, Community Legal Service) as by the looks of it you've been stitched up like a kipper.

 

May have a case of unfairness on the time taken to come to this decision, but jsa12 has a point whereby you may have incriminated yourself and now should be looking at getting the sanction length down.

 

An example taken from this site (rather militant in view so I wouldn't trust following the advice on it) http://www.unlawfulsanctions.org.uk/Social-Security-Jobseekers-Allowance-Benefit-Sanction-Appeals.html

 

Yes I got an out come on doubt 6 months latter when I received a letter that gave the impression that I was entitled to JSA.

Thanks for the information. As I mentioned it cost to much to commute in, could not transfer and wanted to be nearer to my family due one having MS. The web states I put my foot into it and should of not mentioned the previous two as it's not considered justifiable. Great!!

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That's exactly what I'm saying 6 months to make a decision is grossly unfair and will probably be contrary to their customer charter.

 

That's why I say you need to find someone to argue your case and help you and appeal the decision/sanction lenght.

 

What happens when you apply is if you meet the requirements for JSA you will get paid hence the award letter. Now new claims are then reassessed again and if a doubt is raised it is then investigated. Whilst it is being investigated you will be paid until a decision is reached.

 

2 weeks after I claimed JSA a similar doubt was raised on why i left my job and I had to fill in a response. A week later an award letter arrived. Then 2 months after the doubt was raised I received a decision letter.

 

Mine looked like this http://tinypic.com/view.php?pic=nzrrx0&s=7

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I have not received a letter like the one you have shown about the sanction over JSA. From the start I had a letter dated 16/03/2010 about a doubt has arisen about claiming JSA as I left my job voluntarily and then I received a letter date 19/03/2010. Opening paragraph "I am pleased to tell you that we can pay you JSA from 15/03/2010. It even back dates the doubt. By reading that it would seem that they have reconsidered the application and permitting JSA.

 

Still from this day I have not received letters about my 2nd sanction like the letter like you have shown. I have not also received letters about the 2nd sanction where you have 7 days to reply and being able to re-state you reasons before the reconsideration stage. The only time where "procedure" i think has been followed is on my 1st sanction where I was given the opportunity to state my reasons and submit evidence.

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