Been Sanctioned and Need Advice

[strawberryfields1]

Hi all,

 

I am new to the forum and looking for some advice.

 

I went to sign on today and was informed that I would be sanctioned as I had not done enough to look for work in the last 2 weeks.

 

In my job diary I had applied for 5 jobs and sent 3 spec letters as well as looking in newspapers etc.

 

This has always been enough before but saw a new person today who has decided it isn't.

 

What I am wondering is how this person decided I hadn't done enough, I am on the work programme and have no jobseekers agreement in place.

 

One was in place when I joined the work programme but I moved areas in the city I live and was told I had to move jobcentres, this I did and had an appointment to move everything over but no jobseekers agreement was ever drawn up.

 

Can anyone offer any advice at all as I am struggling to live as it is and losing my JSA is something I can't afford to do.

 

Thank you

[Minkiesmum]

I would get onto your Work Programme contact and ask them to try and sort it for you. Good luck as I'd be poverty-stricken too in that position.

Lynda~

[strawberryfields1]

I would get onto your Work Programme contact and ask them to try and sort it for you. Good luck as I'd be poverty-stricken too in that position.

Lynda~

 

I do not currently have an adviser at the work programme.

 

When I first referred to A4E my adviser thought I would be better placed with a specialist agency who were also work programme providers, this agency only provided telephone interviews and I only had one every 6 months and it was just a general chat and nothing was ever decided about a course of action. Early last month I had a letter saying I would be referred back to A4E and someone would be in touch with an appointment but as yet I have heard nothing at all.

[Minkiesmum]

Hmmmm, sounds like they aren't talking to each other. I'd try getting hold of them and also call the 0845 number or whatever number is on the JSA agreement you had and ensure you're properly in their system and ask for assistance there at the main site ?

It still doesn't help you now. Plus surely they should have advised beforehand. My lot have a new system now. You go in, fill out a form beforehand, they check your jobsearch AFTER you leave THEN put your 2 weeks' money onto the system if they're satisfied. Biggest load of crap I've heard of.

Lynda~

[Mr.P]

I went to sign on today and was informed that I would be sanctioned as I had not done enough to look for work in the last 2 weeks.

 

In my job diary I had applied for 5 jobs and sent 3 spec letters as well as looking in newspapers etc.

 

This has always been enough before but saw a new person today who has decided it isn't.

 

Does your Jobseekers Agreement state "5 jobs, 3 spec letters, & look in papers" ?

 

If your JSAg states less than this, then you have met the terms of your agreement to claim JSA. It is not the place of a WP "adviser" to decide wether you have done enough or alter the terms of your JSAg. The "adviser" can only raise a "benefit doubt" in line with http://www.dwp.gov.uk/docs/wp-pg-chapter-8.pdf and it is up to a DWP Decision Maker to issue a sanction. Once the DM raises a sanction, you have the right to ask for a reconsideration (or a higher level appeal).

 

WP providers have a track record for raising doubts for the most spurious of reasons, a large number get overturned on appeal.

[strawberryfields1]

Does your Jobseekers Agreement state "5 jobs, 3 spec letters, & look in papers" ?

 

If your JSAg states less than this, then you have met the terms of your agreement to claim JSA. It is not the place of a WP "adviser" to decide wether you have done enough or alter the terms of your JSAg. The "adviser" can only raise a "benefit doubt" in line with and it is up to a DWP Decision Maker to issue a sanction. Once the DM raises a sanction, you have the right to ask for a reconsideration (or a higher level appeal).

 

WP providers have a track record for raising doubts for the most spurious of reasons, a large number get overturned on appeal.

 

I have no jobseekers agreement at all. The one I had at my old jobcentre was not brought forward when I moved areas.

 

It wasn't a WP adviser that raised the doubt but the adviser in the jobcentre who signed me.

 

At the present time I have no WP adviser due to a change of providers.

[norman13]

Usually the jobcentre say you have to apply for 3 jobs per week.

Even if there aren't 3 realistic jobs to apply for.

[Feebee_71]

I would have thought that, in the absence of a new JSAg being put into place when you changed signing job centre, you should follow the one from your old job centre. If what you have done fulfils the requirement of the previous JSAg then I'd appeal the sanction.

 

Feebee_71

[jasta11]

I'm on the work programme and my JC advisor said my JS Agreement from before I started the WP was still valid, and that's the one I stick to.

 

If you're doing the same jobsearch and previous advisors were happy with it then you need to make a complaint against this new advisor. Write to the District Manager, the JC will give you the name and address.

 

If you haven't even got a JS Agreement then I fail to see how anyone at the JC can say you aren't doing enough - you're not a mind reader. It's up to them to give you a written JS Agreement and if they ever need to increase your jobsearch, then they have to give you a new one with everything written down.

 

Hope you get it sorted, sounds like the JC clerk is just on a power trip and needs slapping down.

[Mr.P]

If you haven't even got a JS Agreement then I fail to see how anyone at the JC can say you aren't doing enough - you're not a mind reader. It's up to them to give you a written JS Agreement and if they ever need to increase your jobsearch, then they have to give you a new one with everything written down.

 

Should you (or anyone else) get called in to review or update their JSAg, don't do what I did. Got asked "do you have internet access ? How often do you use it ?" and foolishly replied "yes, use the internet most days" - This got transcribed in to my JSAg as "Search daily on the internet" on top of increased job applications and employer contacts. All well and good, but experience has taught me that internet connections with some ISPs are not reliable. If, as has happened in the past, connection speed drops to 64bits per second (yes 64 bits) or goes down for weeks at a time, a sanction could kick in.

 

Never volunteer any information that could result in excessive requirements being imposed.

 

strawberryfields1: Have you actually received notification of a sanction or was it just a threat from the JCP adviser ?

If it was the latter, then there are procedures (s)he must follow, if the former, appeal on the grounds that you have already exceeded the terms of your JSAg. If they dispute this ask for a copy of the JSAg bearing your signature.

Edited June 26, 2013 by Mr.P