Benefits sanction unfairly. Tried everything, need help!!!

[CuBee]

Im on the work program, and have been for a while - they are completely useless, at least the one i attend is. I had an interview 1-2-1 review, go over progress and all that usual stuff, as though im unable to that myself. Anyway, i had an interview and emailed my career advisor/work programmer, that i could not attend (work program).

 

I attend my interview, n then i notice i had a missed call, it was from my work program.

 

I had no credit, so i checked my email the next day at the library (btw i do not have internet access at home, my work/careers advisor knows this).

 

I had two emails. The first email stated my appointment was moved to a same day timing slot. The second email stated i had missed it and that i need to attend or my money could be affected.

 

Ive appealed and explain this on 3 occasions, first with a good reason letter, to which i received the normal, automated letter stating my money was to be stopped. So i appealed again.

 

Oddly, i received another letter exactly the same as the first letter, and the dates of the letters are 3 days apart. But they say exactly the same thing.

 

So i written another letter.

 

Ive not received a response. My money has been stopped since nov 28 until feb 2014.

 

I think its unfair as i emailed my career advisor, to which she replied back, via email, which i cant check, especially if im preparing/thinking about my interview. I dont understand why i never received a phone call before and not after i missed my appointment. Also, why give me a same day time slot, and not a different date?

 

Thanks

 

Little bit of info:

25 y/o

Been to college and university

Also passed selection for the British Army in july.

[antone]

Not sure I follow - you said in your first paragraph that you couldn't attend the interview, and then in paragraph two you said that you attended the interview.

 

Did you attend? If not, why not?

[CuBee]

Job interview, i had a job interview, which was on the same day as my work program meeting.

 

Sorry for the confusion.

[CuBee]

Reading it over, i can see how confusing it maybe.

 

i had a job interview (which i attended) on the same day as my interview with the work program. I emailed the work program, because i could not attend, due to my job interview.

[antone]

Right. And presumably you told the DWP this when you queried the sanction, or (preferably) when you were asked to provide "Good Cause" for failing to attend the WP meeting.

 

You should not be sanctioned for failing to attend a WP appointment unless the provider sent you a Mandatory Activity Notice, which must be sent to you by post (emails or texts are not acceptable) or handed to you in person. The MAN must contain specific wording about the possible consequences of missing the appointment and you must get reasonable notice - a day or two at least.

 

Now it seems intuitive to me that a job interview should constitute "Good Cause" for failing to attend a WP appointment, and since the appt was rearranged you should have received a MAN informing you of the new date and time.

[flumps1976]

When did you know about your appointment with WP?

When were you notified about your job interview?

Did you give enough notice to request that the appointment was re-booked and did you also indicate how long you anticipated the interview to take with travelling time etc?

Do you have proof of the job interview?

Did you supply evidence along with your answers to the letter from the DMA team or did you supply it with your request to appeal?

[flumps1976]

Method of sending the MAN

39. The MAN must be either handed directly or posted to the participant. If it is

posted it is deemed to have been received on the second working day

after posting (see above).

40. It is not acceptable to use electronic methods, such as text or email, to

send the MANs to participants. However, it is acceptable to communicate

electronically with participants to remind them of mandatory (or non

mandatory) activities.

 

 

from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264163/wp-pg-chapter-3a-22-october-2012.pdf

 

I suggest requesting a reconsideration citing that you were not notified of the re-booked appointment in the correct manner and quote this guidance.

[CuBee]

@Atone - yes i appealed with the 'good reason' letter and explained my situation. I recieved a letter dated 03/12/13 stating my money would be stopped from Nov 13 to Feb 14. I then appealed that decision, further explaining. I also stated i wanted a full explaination in writing the reasons for the sanction, or why im at fault. I then recieved a letter dated 06/12/13 which said exactly the same as the letter dated 03/12/13, so explained again. Ive sent two letters with no reply.

[CuBee]

@flumps

 

I was informed via email, but i couldn't check (no internet access) - i sent the email whilst at the library. I sent it and left to sort my interview out, what to wear, travel, documents, etc

 

I don't know why the work program wouldn't just phone me to tell me of the rearranged time? But they could phone me (which i missed the call) to tell me that i missed my work program appointment. Doesn't seem fair.

 

I only seen this the rearranged appointment the following day via email (library).

 

I received a phone call at 8am, asking if i could come for an interview on that day. Thats typical of warehouse operative jobs, they ring on the day and ask you to come in.

 

I emailed my work program at 09:09am

 

My work program interview was at 10am, and my job interview was at 11am

 

I didn't have proof just a phone call, regardless i informed the work program that was i was unable to attend due to a job interview. I followed protocols, or did what anyone would do if theres a job offer.

[CuBee]

@Atome & Flumps

 

Im going to go into the jobcentre tomorrow to find out what the situation is.

 

I'll also have a look at the MANs, cheers. Let you know whats going on.

[flumps1976]

JCP won't be able to help much sorry, they will refer you back to the providers.

The process will be that you advise that you informed the WP of your job interview, as you don't have proof of the interview you may need to write the details of the name of the company, a contact number, the address where the interview was held and the name of the interviewer if you can recall it all.

You can request as many reconsiderations of the decision as you want so contact the BC and request a mandatory reconsideration supply this information along wit the proof that the appointment was rearranged at short notice by the WP and that they didn't follow the correct procedures for the MAN.

[osdset]

JCP won't be able to help much sorry, they will refer you back to the providers.

The process will be that you advise that you informed the WP of your job interview, as you don't have proof of the interview you may need to write the details of the name of the company, a contact number, the address where the interview was held and the name of the interviewer if you can recall it all.

You can request as many reconsiderations of the decision as you want so contact the BC and request a mandatory reconsideration supply this information along wit the proof that the appointment was rearranged at short notice by the WP and that they didn't follow the correct procedures for the MAN.

 

That's interesting, I'm on the wrong end of a sanction at the moment although my story's a bit different.http://www.consumeractiongroup.co.uk/forum/showthread.php?411172-Seetec-and-the-DWP

[Mr.P]

39. The MAN must be either handed directly or posted to the participant. If it is

posted it is deemed to have been received on the second working day after posting

 

Although the guidance notes say nothing about the postal service used, it should be pointed out that "received on the second working day after posting" only applies if a first class stamp is used. Royal Mail advises that second class postings take between three to seven days to deliver - And over the Christmas period, all delivery targets are not guaranteed (except for special deliveries).

[Beatrice Bee]

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[Beatrice Bee]

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[Beatrice Bee]

Hi,

 

a sick note is fool proof as long as you say it in your good cause letter that you "keep a copy of this letter and the attachment, post it first class and retain proof of posting" [certificate of posting, worth a 2 minute wait at the post office]. otherwise they may claim you did not reply to their good cause letter. worked for me, rather than saying i got on the wrong train on the circle line in central london.

 

if you are a carer or do voluntary work and had let your advisor know earlier on the relevant form, then they have to give you 48 hrs notice in writing to attend. post or hard copy handed over. the issue is, you were mandated as you should be, by post, and there is no law saying that the re-arrangement of the mandated appointment has to be by post or hard copy handed over- it is up to you and the advisor how you rearrange the appointment. phone is quickest and follow-up email to have written evidence that time of app changed, as you will know.

 

the Jobseeker's Allowance Regulations 1996 is what we have to "live and breathe by". It sets out the possible good causes for non-attendance. Eg if more than one hour to get there [fastest means of transport], yet I would not dare not to go on that reason. yet handy when you need a good cause. they sanction people for non-attendence and people on the net keep saying they did not get a letter about the app- true: Seetec tried it on with me and I asked where is their proof that they posted that letter to me:" it won't stand in court if there is no proof of posting". They do not play by the rules just to save some money for the DWP by sanctioning people.

 

Please, everyone: have a look at their "rules" [above .jpg, etc] to be able to defend yourself when that letter comes wanting a good cause from you within a matter of hours to be posted. almost. couple of hours reading through the Jobseeker's Allowance Regulations 1996 and you are able to deal with a difficult advisor, hopefully. Attending a job interviews is one of their good causes, please see the above .jpg attached.

 

legislation dot gov dot uk to read the above regulations- site is not letting me post links just yet.

 

you are going to win the appeal if relevant law quoted, its print-out attached, situation explained in writing. Finding work and attending a job interview is more important than attending their useless monthly reviews. put it nicely and the judge is on your side. all the reasoning and evidence has to be in writing, filed in good time. copy of mandated app letter and print-out of their email and a letter from the employment agency that they called you at short notice, what time, and you attended job interview [what time / date].

 

defended two possession cases my landlord brought against me so written evidence, reasoning and copy of the relevant legislation does it as long as it is filed in time. apply for permission for late appeal with a sick note about depression if you ran out of time. write to the LMDM again to ask them to reconsider their decision, attaching the print-out of the legislation, quoting it which section, which point, name and year of act. "I keep a copy of this letter and proof of posting". Good luck.

[Beatrice Bee]

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