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JSA - sanctioned for coming 5 min late to Job Centre


kashmiri
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No, it was just my adviser. I mentioned my disabled child on JSA application form back then in 2011 but did not talk about nursery arrangements as she was not at nursery at that time.

 

 

Kashmiri,

 

I am by no means an expert on law, but I do believe there are provisions {in the disability discrimination act 2005, the carers act [nd], and the equality act 2010} which mean the jcp worker has to be somewhat flexible given that you are a carer of a disabled person. I believe they would legally have to give consideration to adjusting times upon you telling them. Failure to do so, and now sanctioning you may well now constitute discrimination. As they have placed barriers upon you that make it more difficult to sign on etc compared to a person who has no caring responsibilities.

 

Whilst I believe others are accurate in saying that the jobseekers agreement should be amended to reflect the restrictions, I am curious as to if this is simply regulations or codified into hard law. If it is regulations, then it may well be trumped by the discrimination laws. Hum. It may well be trumped by discrimination laws anyway due to their statutory duties.

 

If you go this route, get legal advice. You may be in a more difficult place proving you informed the advisor, as it was verbal. But you never know. AFAIK, legal aid is still available for benefits tribunals where the issue is one of equality and discrimination.

 

But get legal advice. Someone like public lawyers have been very good on equality act cases. I'm a sibling of a disaed person, we've been fighting things like this for 30 years now. As a heads up, become familiar with disability law, it will make your life a lot easier to know where you stand. Good luck and please let us know how you get on.

 

Cerberus

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Discrimination by association

 

Discrimination by association occurs when a person is treated less favorably because they are linked or associated with a protected characteristic.The person does not have the protected characteristic but they are treated less favourably than others because of a protected characteristic of a friend, spouse, partner, parent or another person with whom they are associated

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No under the current rules, hb and ctb are only affected if a customer is disallowed for failing to show they are actively seeking and/or available for work.

A samction of JSA only affects the JSA payment

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So if you are employed and five minutes late for work would your employer sanction you two weeks pay?

 

I mean, isnt this whole programme supposed to reflect a working environment?

 

Next time your dwp advisor is five minutes late be sure to tell them that they are sanctioned two weeks wages and see what they say.

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I have sent an appeal, let's see what happens. To-date, my housing benefit has not been affected. My adviser said that HB is not their business and I should rather enquire with the local council. Thanks everyone for the advice and encouragement.

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When I was on benefits and there were any changes to my JSA/ESA then a letter was sent to the local council as they always contacted me to say my entitlement had ended and that on HB/CTB were stopping from xx date unless I could show I continued to have entitlement!!

 

Usually they would re-start it from me telling them what was going on and how I was addressing it.

 

Good luck,

 

Feebee_71

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  • 2 weeks later...

I myself have just had this happen.

 

The weather is not the greatest to start and I always get to my appointment at least 15 mins early. Today with the weather snow ect for some reason my bus was late or cancelled so this set me back.

 

So arrived at my appointment handed my book in and sat down, was called up. My advisor asked why I was late and I explained about the Bus, She then went on to say I would be sent a warning letter for being over 5mins late (which in itself is debatable as I made it 4 mins) and that if I was late again I could be sanctioned for 4 weeks. I said to her but what about the situation and circumstances? her reply was "Well I was able to make it in on time."( sorry but the money I get I cant afford a car, I have to rely on my own steam and public transport). I then went on to ask her how long this warning would last, she gave me another great responce "I would just suggest your not late again" and told me the new sanctions came in on October 2012. This has made me very angry how she can quote when the sanction came into effect, but cant(bad training?) or will not tell me the details of these sanctions and how long they stay on file.

 

I have only been claiming since mid February (maybe 6 weeks), Already in that time it has made me feel like these people are enforcers of rules and judges rather than a support service to help me back into work.

 

 

The way this benefits system is conducted is beyond words, the woman who started this thread is proof of this, the way she has been treated is beyond the point of unjust.

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I've heard nothing from my appeal. I can't start a new thread. I got a letter yesterday saying that from 28 march they cannot give me JSA. Because I have not been credited with enough National Insurance contributions.

I rang them and even they were stumped. They said they would email someone and call back. Nothing yesterday and nothing today. Help. I need my money back.

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I am just completely gob smacked tbh this is just crazy. What if the bus was late? We're talking about human beings with children. Maybe working in those places de sencitises(sp) people to things like this, but to others it just sounds so awful :sad:

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dyfed-I didn't get all of your message. But the email said you wrote this: What would you like to call your thread and I will try and start it for you if I can :-).

 

Well I would like it to be called 'Can't understand letter from Job Centre- End of Sanction'

Or something like that. I still don't know why I can't open a thread. I've tried through the newbie bit.

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So following on from my previous post. I have not received any payment of my benefit.

 

I signed on Friday 22nd this month, normally the payment s in my bank by the following Wednesday which would be 27th. It is now the 29th and no payment made. I have not had this so called warning letter and was told I would get it in the post. A warning not a sanction. I cant see the Bank Holiday affecting my payment, I hope I have not been sanctioned by these incompetent halfwits.

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  • 3 months later...

Here is some useful information that may be help to some.

 

Have you heard of the DWPs 'Freedom and Flexibility Policy'?

No? Ok, basically it allows certain JobCentres to apply their own policies and guidelines outside of stated DWP policy.

 

Here is a working example of it.

 

An ES19 form is a warning which is issued to claimants who arrive late. ES published guidelines state:

''The ES19 should only be used in exceptional circumstances where all other measures have been tried and failed.''.

 

But, under the Orwellian sounding Freedom and Flexibility Policy, JobCentres can, and do, disregard this guideline and instead issue ES19s on first instances and for as little as being 5 minutes late claiming exemption under the FFP.

 

Just thought you would like to know, in case anyone wanted to ask their local JobCentre if they were operating the policy in any areas and to what purpose.

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