JSA Sanctions :( Help Needed

[northernstar074]

Hi

 

I took a job in May 2012 and had a period of 1 day off for sickness, 6 days because my wife's baby with her new partner was taken into hospital and I had to look after the 3 children we have together and then 8 days after my best friend of 30 years committed suicide.

 

On 7 Sept 2012 the employer terminated my contract. I got a letter recently from the jobcentre and they said a doubt had arisen about the reason why my job ended. I then got sent a statement from the employer who clearly lied and said I had been off for 5 weeks out of 12.

 

I sent a letter back saying this was wrong and clearly explained what had happened and how long I was off for and why. I also told them I was being bullied at this job which I was.

 

Today I got a letter saying I lost my job due to misconduct and I cannot claim JSA from 16 November 2012 to 3 April 2013.

 

I believe that is around 21 weeks ? Is this right and more importantly how do I make a claim for hardship ? Thanks.

[estellyn]

You should appeal the decision, sounds very harsh, considering the circumstances. Can you prove that the things happened?

[northernstar074]

Given the circumstances it would be a bit hard to prove but I could get written statements I suppose lol.

I can't understand the sanction either as I read that even a higher level sanction for a first offence is 13 weeks yet I've been put on a 21 week sanction

[estellyn]

Given the circumstances it would be a bit hard to prove but I could get written statements I suppose lol.

I can't understand the sanction either as I read that even a higher level sanction for a first offence is 13 weeks yet I've been put on a 21 week sanction

 

Was April when your contract was due to end? That could explain the length of sanction.

[northernstar074]

No, I was taken on with a trial period of 6 months. I started work on May 28th.

I did get a letter in September when I reclaimed that they wouldn't pay JSA from April onwards as I haven't paid enough contributions. I don't understand that as I was working full time from 2007 to Feb 2012 and then May 2012 to Sept 2012.

Even by their own guidelines the sanction should only be 13 weeks.

[estellyn]

Definately appeal then, you have nothing to lose.

 

Sorry, I'm not sure about hardship payments - was never my area. Hopefully someone will come along who can give advice on that.

[northernstar074]

Thanks I have just realised something too. When I was sent the statement my former employer made (that was lies) I was asked for my explanation.

I wrote 2 pages of my explanation and posted it back in the 2nd class envelope to Belfast.

Last Thursday it was delivered back to me with a note from the Belfast DWP that it couldn't be applied to my case as my NiNo was missing. I wrote my NiNo on it and posted it back.

This decision has been made without them taking my explanation into account as the two have crossed over and not been linked.

[flumps1976]

You can request a hardship claim form from the JCP office (JsA10JP) you need to complete the form in full and you may be entitled from day 15 if you are not in a vunerable group (pregnant person within the claim, young child within the claim or long term health condition as these groups can be considered from day 1),.

 

You also need to request a reconsideration and appeal of the decision to sanction for the dismissal decison. It could also be that the late receipt of your letter is automatically considered as a reconsideration request.

[estellyn]

See, flumps has the good JSA info!

[northernstar074]

Thanks flumps

[flumps1976]

no problem good luck

[northernstar074]

Just a quick question ... does disagreeing with the decision and then putting in an appeal, if it gets to that stage, postpone the sanction or does it just carry on ?

I spoke to them today and they will have the hardship form ready for me on thursday

[Nimitz]

Just a quick question ... does disagreeing with the decision and then putting in an appeal, if it gets to that stage, postpone the sanction or does it just carry on ?

I spoke to them today and they will have the hardship form ready for me on thursday

 

Hiya

 

Just in case .... see http://www.dwp.gov.uk/docs/wp-pg-chapter-6-22-october-2012.pdf it explains quite a bit, hope it helps.

 

Nimitz

[northernstar074]

Thanks

[flumps1976]

No the sanction remains until either a reconsideration is changed in your favour or when it expires.

When you attend for your hardship form you will need to provide all the proof noted in the front pages of notes section. bank statementor mini statement, proof of anyother income and or benefits.

If you have children you need to provide their birth certificates proof of child benefit and tax credit payments and if you have a health condition you will need to obtain proof from your GP

[northernstar074]

Damn I've just had a friend lend me £400 and that's gone into my account. Will that count against me as £400 isn't gonna last long against losing £71 a week jsa.

[flumps1976]

you will find that the £400 in your account will be expected to last at least 4 weeks ad you may be asked to provide receipts of where the £400 was spent.