Sanction advice for recovering Heroin addict

[wobbly]

Advice required re sanction for failing to complete job search,

 

 

the person concerned is a recovering Heroin addict who managed to obtain a job and got off the methodone and was doing quite well.

 

 

The company he worked for lost the contract they had and laid most of the workforce.

 

 

Obviously the person signed on and no problem with the Job centre until last week when they told him he had to look for a job every day and go to the job club etc.

 

 

He visited the job club and they told him it was pointless applying for a jobs until he had a CV.

 

 

They were unable to help him to make one until a week or so,s time.

 

 

This person doesnt know how to use a computer and obviously doesnt own one so he didnt look for jobs on the internet.

 

 

Today he went to sign on and they immediatley sanctioned him for a month.

 

 

They also said to him dont do anything stupid ,

he asked like what and they said like shop lifting etc.

 

 

He said how do you expect me to eat keep warm etc.

 

 

The result of this has resulted in him disending in to deep depression and his doctor has said he isnt fit to work because of his mental state.

 

 

The Job centre have asked if he wouldnt put in the sicknote ,which I dont understand why.

 

 

They havent offered to lift the sanction.

 

 

I havent got a clue how to help this person and i am fearfull he will end back on the heroin and the other things that go with it like thieving etc.

 

 

Any ideas would be appreciated.

[antone]

If his doctor as signed him off as unfit for work he could claim ESA - the JSA sanction would not apply to an ESA claim. In the meantime he should apply for hardship payments, which can be made once a sanction has been in place for 2 weeks.

 

If it were me, I'd ask for a formal reconsideration of this sanction should he decide not to claim ESA.

[wobbly]

Thanks Antone I will advise him to do that.

 

 

I am mainly concerned about his mental state it appears to have tipped him over the balance,

 

 

he thinks he may loose his flat because they will have stopped his housing benefit,,

 

 

I will make sure he doesnt starve but thats all I can really do.

 

 

I have told him to go to citizens advce .

 

 

I just dont understand the system now

 

 

.I presume he can ask for a formal recon anyway wether he applies for ESA or not,

 

 

I believe he has submitted his Sicknote or fit note what ever its called now days despite them asking him not too which still puzzles me.

 

 

Why would they ask him not too?.

[speedfreek]

Depends on how long he is signed off for on the fit note

 

See the response to this FOI as if it's for a period of longer than 2 weeks they will have to claim ESA.

 

https://www.whatdotheyknow.com/request/jsa28_and_being_sick_whilst_on_j

 

For housing benefit/LHA/council tax they will need to sign a nil income declaration and hand that into the Council to keep them in payment. If they get their mortgage interest paid I'm not sure of but others here know.

[antone]

You asked why they might have told him not to send a sick ("fit") note in connection with his JSA claim. The main reason for this would be that these notes serve no purpose in relation to a claim for JSA.

 

If he is unwell for a short time, he can be exempted from the normal jobseeking rules by submitting form JSA28 to his local Jobcentre. This can be done for two periods of up to 14 days each in any given year. No fit note is required for this. But, if he will be sick for longer than 14 days, he cannot continue to claim JSA as the basic conditions mean that he must be "available for, fit for, and actively seeking employment."

 

If he's not, he needs to claim ESA. He'll need a fit note for that, but there's no point in handing that to the Jobcentre or sending it in to the processing centre in respect of a JSA claim. So basically, fit notes are not relevant to JSA claims. He must make an ESA claim ASAP if he expects to be unfit for work for longer than 14 days.

 

He can ask for a formal recon whether or not he applies for ESA, yes. And as Speedfreek said, he should inform the council of the situation so that his HB or CTR is not stopped.

[wobbly]

Thanks all for advice I have passed it on,I dont know how long he is likely to be sick ,so I will ask the question.

[house3]

They have most properly asked him not to get a sick note of his doctor,because they want to see him suffer,and it looks good in there books,they rub there hands, thinking great another one sanctioned..When of course its a disgrace, and its about time something was done ,some maybe do take the p @ s s ,but theres a awfull lot of innocent jobseekers what have had there money removed for little or no reason.. Also the way these advisors talk to jobseekers like they are simple or something,am sure they are really enjoying talking to folk that way, makes um feel powerful, how they sleep at night I will never know..ive heard them myself,and if I am ever spoken to like a piece of trash,when I have complied with my jobseekers agreement I shall put my point across and stand up for what I believe is right.,i just wouldn't allow it ..I do feel sorry for your mate and good luck to him,he,s got to fight them all the way,to get his benefit started again...

[antone]

Please don't post bad advice. I already explained why they didn't want him to send a sick note.

[wobbly]

He has seen the local council benefits advisory people and they are sorting out things with him.I hadnt got a clue as to how things are now days the last time I had to claim anything was 1988 and that lasted all of 6 weeks.From what I have been reading the Job centre have a target of people to sanction and are doing so at every chance despite HMG saying otherwise.There is a letter posted on the net which a manager tells the JCP staff under her that their current level of sanctions are not enough.Anyway thanks again all who responded.

[house3]

Hi sorry Antone,just that it getting very scary, hearing about all these sanctions,ive heard and reed some horror stories about it..good luck again to your mate wobbly...