JSA Sanction and hardship refusal

[JodyBling]

I'm new to forums in general but hoping someone here can help us. My hsuband is on JSA, joint claim for both of us. Recently he was given details by his JSA advisor for a job (he asked for the details as he saw the job come on screen, the fella had not suggested nor insisted upon it) to apply for it.

 

Immediately after signing our car broke down, quite a serious problem, and my husband had to leave the car and get a lift home. The car went to the garage for a week and we were without transport. He had also, in the stress of the situation, left his job seekers' info with the job details in the car, then to forget it was in there. He went to sign on a fortnight later and asked if he could have the details again, explained what had happened and the difficulties he had been experiencing.

 

He ALWAYS applies for way more than the minimum jobs on his agreement and has been refused funding for security license when he has already proven that he has a job in that industry waiting for him once he has done that training. The advisor said 'oh not to worry' and sent my husband on his way. We applied for the post anyway, although we may have missed the deadline by a max of 1 day, and received a reply saying that he did not get an interview for the job.

 

A week later we receive a letter stating that he 'refused an offer of employment' and as such our JSA was being sent for a decision for a sanction. At this point we wrote a letter detailing all of the above. The reply was that we would be sanctioned for 12 weeks.

 

We went straight to the CAB who are processing our appeal (disproportionate terms/length of sanction) and told us to apply for hardship. We have two daughters aged 9 and 3yrs. Hardship was refused because of the 'income we receive for our children' which is tax credits, child benefit and £150 a month maintenance. The hardship we are now in is crazy- our electric suppliers took us to court and fitted a pre-payment meter as we have gotten £400 behind. The water board and another payment which was being taken weekly from our JSA are also taking us to court. we don't have enough food for our children or petrol to get us to sign on, to SEETEC appoinments or to my teaching course and we don't know what else to do. ANY advice would be so greatly appreciated xx

[honeybee13]

Hello and welcome to CAG.

 

I've moved your thread to the benefits forum here, where hopefully the guys will be able to help you.

 

My best, HB

[JodyBling]

Thanks so much, glad somebody kind saw it and put it where I may get some advice!! :0)

[flumps1976]

From what I can gather they will be looking at the maintenance payments for your children as an income. You can request a reconsideration of the hardship decision and I suggest doing this in writing asap.

The child benefit and child tax credit are not taken into account for hardship applications

[JodyBling]

Thanks, so do they expect a family of four to survive on a whopping £150 a month... I am at my wits' end, another 6 weeks of this we will probably be in an institution!! do you think we have any chance in the whole wide world they will reconsider? are we still expected to apply for all interviews etc which we have no means of getting to? sorry for picking your brains!!! but I don't have much experience in this, all we wanna do is work :0( thanks for taking time to reply

[flumps1976]

you are still required to meet all the condition attached to your job seekers allowance claim. I would strongly advise to request a reconsideration of the sanction in addition to the appeal as a reconsideration is looked at sooner (usually within a 2 week period) where as an appeal can take up to 6 months to reach a tribunal.

[Stressedandfedup]

I'm sure child maintenance shouldn't be considered. Is it paid via CSA? CM should be disregarded due to a change a few years back. I think it was the section 6 repeal to do with PWC's as benefit claimants. Sshould be a total disregard. If JCP had used CM as income then use that bit of legislation to stop them.

Hope they decide in your favour about the sanction.

[JodyBling]

Thanks so much for taking the time to reply . Update is- spoke to a (really nice-SHOCKK!!) floor manager in the Job centre plus office today and he told us we could either request a reconsideration on the sanction, as it IS quicker than appeal, or, get this, my husband could sign OFF today, end his JSA claim, then I sign ON tomorrow. so that is the plan!! can't believe we can do this, but if we can then it will save us from another 7 weeks or more of extreme hardship. fingers crossed it all goes smoothly, ciao for now!! xx

[flumps1976]

Jody some of us who work in the JCP are nice!

[JodyBling]

Haha, sorry Flumps, it's just that the ones we've come across have been about 80% unfriendly, but of course I know I'm generalising!! does the action plan sound ok or dodgy? Are we still supposed to explain to them that we have signed off under my husband's name and starting a new claim to escape the sanction issues we've had? I'm so confused!! but was very pleasant to see somebody very nice today!!

[flumps1976]

tbh I'm not sure I believe but happy to be corrected that your couple rate if you pursue a claim in your nane for JSA could stuill be reduced due to your partners sanction but as I'm not a processing officer and don't actually deal with payments I can't be 100% certain sorry.

If it was that easy to get out of a sanction then more people woud do it iygwim? Not that I'm saying that you are doing this purely to get out of a sanction.

When you make the claim in your nane you will be asked why theclaim has swapped from one person to another and you will be required to set your own JSAg and will have to be available and actively seeking full time employment, you won't be able to restrict your search due to childcare restrictions.

[JodyBling]

Well I was as surprised to have it suggested to us as a means of getting some income until the sanction is (hopefully) reduced as you are, but am only taking the advice as given to us by a member of the floor management team who also got 2nd and 3rd opinions on this option. I am actively seeking work anyway, in fact I am far more likely to get a job than my husband. (although I am aware how bad the employment scene is right now) Of course if I were to get a job tomorrow it may take me a week or so to get childcare sorted, but then I dare say my husband and I are unlikely to find a job starting on the same day!! The manager we spoke to said that as there is no sanction on me, we should get some JSA pretty soon, and if that doesn't work then we can sign my husband back on, and ask for a recon. but the sanction is only supposed to 'punish' him, the children and I are not supposed to be suffering...

[MIKEY DABODEE]

I think you will end up with the same money as a the sanction will be still applied against your husband on your claim.

Untill its run its course.

So in effect its not touching your half of the benefit. And it will not effect your Child Tax credit.

But hope I am wrong and good luck with your new claim