JCP Sanction

[evule1]

Hello,

 

I would like to ask for your help, again.

 

My partner and I have a joined JSA claim. My partner is also on a Work Programme with A4e.

I currently work more then 24 hours per week. My partner is still signing on every fortnight as my hours vary and the JCP keeps the claim open for that reason.

Today my partner went to sign on as usual. When he got to the desk of the advisor and sat down she said to him that he hasn't done his jobsearch requirements. He can prove everything he did because his A4e advisor is aware of all he does. However JCP staff (first the advisor and then the manager) has decided that is not enough as he hasn't put it all on the Universal Jobmatch site. My partner told them to call the advisor in A4e but they refused. Instead they said he is not allowed to sign and our claim probably will be suspended. Later on today he received a phone call from the same manager he spoke to previously and he informed him that the claim has been sanctioned for 4 weeks.

 

We do not receive any JSA due to my wages being too high. However we feel this is not right. My partner has done everything he has been asked to do, we had no warning and by JCP staff we can't appeal either.

 

Is there anything we can do?

 

JCP is refusing to get in touch with A4e and A4e says, they can't do anything unless JCP gets in touch with them. That is insane!!!

 

We are now worried it will effect our Housing Benefit and Council Tax Benefit.

 

Please help!!!!

[postggj]

there are people on the forum who are employed by the DWP

 

As far as i am aware using UJM is not a condition for receipt of JSA

 

The JCP staff cannot sanction your benefit, it has to go to an independent case examiner who will make that decision and they have to give you a form to appeal the decision when the sanction doubt is raised to begin with

 

you need also to contact your local council as they will stop your housing benefit, again, to receive housing benefit is not a condition of receipt of JSA, it is done on income

 

wait for more replies though

[evule1]

Thanks for that,

 

however it looks as the JCP staff have their own rules. We have been told the claim is sanctioned for 4 weeks (within aprox 3 hours from the initial meeting) by the same man who dealt with my partner on the first place. We have not got anything in writing or got any way to appeal. Apparently the decesion has been made and that is it.

 

I am sorry if this looks as if I hate everybody who works for JCP. I am just really angry with certain people and also hopeless.

[evule1]

Oh,

and also your input is invaluable as I will be putting together some sort of compliant.

[antone]

A decision to sanction can be appealed. Ask for a copy of leaflet GL24 "If you think our decision is wrong" - it explains the process and also has a handy form to send in with your appeal.

 

Also, these decisions cannot simply be made on the spot by a JCP adviser - they're made by a separate team called DMA (Decision Making and Appeals) and you should always be allowed to put your case before they reach a decision. You should always be notified in writing of the outcome.

 

And finally, he can only be sanctioned for not using UJM if his adviser issued a specific Jobseeker's Direction to him about it.

[biggeorge]

This looks like that JCP office was also included in these sanction targets that have come to light.

You most definitely need to appeal this sanction, Phone up DWP and ask for the appeal form to be sent if they have not

sent you a letter yet. I would also be asking why this Sanction Doubt hasn't been sent to you via formal letter with your

right to appeal been fully informed to you.

 

George

[Mr.P]

Unless things have changed for the worse, a sanction can not be verbally issued. It has to be done in writing and various documents must be supplied - One of which must contain details of the appeals process. If nothing was provided in writing, start with a formal complaint (and cc your MP) and follow it up straight away with an appeal.

[evule1]

Thanks everyone who responded.

 

We will have to contact our MP and put the complaint in. Problem is that we have no official dates, we do not even know when does this sanction begins. We only know that it is for 4 weeks and it has been given for not using the UJM properly as there was not all the info they required. Even though it was fine until now.

 

Another thing thas is puzzling me is what is it that they are going to actually sanction? I mean how is this going to affect us when we are not in receipt of JSA due to my currently high income.

 

Thanks antone we will ask for the form you suggested.

 

Any other updates or ideas are most welcome.

 

I will also keep you updated on the progress.

[leigh04]

same thing has happened to my brother, was told no JSA for 2 wks,then 4 Wks now indefinitely complaints have gone in but he's still fighting it.

good luck

[flumps1976]

The decision is not made by JCP the referral is swent via JCP to DMA who will consider the infornation provided by the client and the applications that could have bben made and other activities as per the JSAg and action plan (work program provider agreement).

If a decision is made that the client cannot be treated as actively seeking for the period it is a disallowance for 2 weeks with a further referral ade at the end of that period for consideration of a 2 week sanction as per the revised guidance from October 2012.

A 4 week sanction is the outcome following first failure to attend a signing or work program appointment without good cause.

 

Your partner can request a reconsideration of the decision if they are able to provide new and additional information to what was originally provided.

If applications were made via email then you can print those off and send with the reconsideration request.

On the letter you can request that the decision needs to be referred for appeal if the decision is not reconsidered favourably. (although this also looked at automatically on receipt of the appeal).

[evule1]

Hi everybody,

so we still don't have the sanctions confirmed in any formal way. We went to JCP yesterday and questioned this and the advisor was not even aware that the sanction took place as this did not show on their system. Then eventually she found it but only for the period of 2 weeks and aparently the claim has already been reinstated and is up and running as usual. She gave us an appeal form which we were suppose to be given in the first place and also told us that she had never heard that not using UJM could result in sanctions. The site doesn't work correctly and it is sometimes very hard to get on it. She said it should be enough if you verbally inform the advisor about what kind of activities have you been doing.

However we have to put the complaint form in because this is not right!!! We are going to appeal as well!!! And there will be letter to our local MP!!! I am not giving up and l am not going to let anybody mess with my life!!!!

[jasta11]

What a carry on! It seems once again that it's down to the JC not knowing their own rules and just saying the first thing that comes into their heads - when are these people ever going to a) know the rules and b) actually abide by them? Job training appears to be a thing of the past with the majority of JC staff these days.

 

Definitely send those complaints in - if not for yourself then for the others who have been/will be given wrong info and worried unnecessarily.

 

As the rules stand at present, if your advisor hasn't actually mandated you to register with Universal Jobmatch, then you don't even have to look at the site - we all know however that eventually we'll all have to register...only a matter of time.

 

Hope you get it all sorted out - and the clerk and manager who gave you wrong advice get disciplined for it.

[evule1]

We will deffo do that! Btw just for the interest, there on the appeal form it is asking for the date of our decision letter. What a joke!!! Hard to write one when we didn't receive any. Or now thinking, maybe it is clever tactics on behalf of JCP. Yeah, right!!!

[evule1]

Hi everyone,

sorry it took me a while to get back in touch but I waited for some more news.

So here it is.

We found out that the manager in the JCP who put the case forward for sanctions, was acting as the "independent" decision maker, when it came to deciding if the sanctions should be implemented. But that is not all. He was also the "independent" person who makes decisions about the appeals!!!! So judge, jury and executioner all in one???!!! THAT CAN'T BE RIGHT

We never received a letter informing us of these sanctions.

However we wrote to our MP and although we have not heard from him, yet we had a very interesting phone call from JCP.

The sanctions have been lifted, aparently the very same day (yeah, right...). Our claim is clean. They lifted and wiped out everything and WE GOT AN APOLOGY. AGAIN!!!!!

Shall this be motivation for everyone, never give up and if you know you are in right, fight.

[Mr.P]

Congratulations on getting an apology and a clean slate.

 

Hopefully, the offending participants will be severely reprimanded for failing to follow correct procedure and overstepping their authority. You might want to keep note of the names of the "adviser" and manager involved so that if they try to pull the same stunt again you could add victimisation to the defence.

[jasta11]

My congratulations too! This is a horrific story though - that 'manager' needs dispensing with. The whole system is supposed to work so that no one person can, as you said, be 'judge jury and executioner' and all sides of the argument are examined independantly. The feudal system, where the Lord of the Manor reigned supreme, ended in the middle ages - though apparently it's still going on in your jobcentre.

 

I'd still be complaining to MP's and very senior DWP bods though, in case this 'manager' does it again to someone else. Wonder how many they've already done it to??