Jump to content


  • Tweets

  • Posts

    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
    • yours is not the next move   dx  
  • Our picks

Help with pushy adviser


Please note that this topic has not had any new posts for the last 2496 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hey guys, first time posting, so apologies if I've doing something wrong.

 

I'm here to ask for some advice about how to deal with my adviser. She's been pushing me to do thing lately for no reason what so ever, and it's not the most ideal time for me to do pointless courses and programmes right now. Recently she put me on a course for employability skills which I don't need. It's only once a week, so it's not too bad, but even the guy there that gave me the induction told me that it's a waste of time.

 

This isn't why I'm here though, I'm just trying to explain that she's doing things for no particular reason. She told me after this course I've been on that I'm going to have to go do some work experience for 8 weeks for 40 hours. Normally this wouldn't be a big deal, but lately I've got enough on my plate that I'm getting plenty stressed without it. I've tried telling her that it won't help me and that it's only going to cause problems for me, in turn making it harder for me to get my life together.

 

The thing is when I last saw her she was very reluctant to let me leave without signing me up for it. She tells me that it's mandatory, that she's talked with here line manager(?) and that they've both decided this is what needs to be done. But during my time with her she actually asked me if I would agree to sign up for it. I was confused and asked her if she was really asking me this after all I've said to her, telling her it would hurt me more then help me, but then she turned around and told me I have no choice anyway.

 

Me and my fiancee are trying to sort out her disability benefits (she's been on the wrong thing for quite some months) and I'm going to be looking at being her carer as we live together and she doesn't have anyone else that can help her. She's really not well and many people we've talked to have agreed that I should be there for her.

 

So my problem is I don't want to be away for something that is completely unnecessary and leave my fiancee behind on her own.

 

I know I've dragged this post out for a long time, I'm sorry. I also know I haven't supplied the best information, so if you need to know anything then please, let me know.

 

Thank you in advance for and advice.

Link to post
Share on other sites
Is your fiancee in receipt of any form of DLA/PIP?

 

Not yet. She's been on ESA for a while now and we've only just discovered not long ago that she's meant to be on DLA/PIP. We're currently waiting for the form to show up.

Link to post
Share on other sites

I was kinda vague in my opening post and after reading it again myself it doesn't really nail the question I was trying to ask...

 

I know that in April the JC is going to clamp down a lot and make people do work placements and full time job searching, and I was getting quite stressed thinking about that. So when she told me that I had to go do a full time placement RIGHT after my current course (about 4 weeks) my anxiety went through the roof.

 

The main point I was getting at is that it seems like she's trying to twist my arm into agreeing to this so she can sign me up. If it was mandatory it would have been done by now.

 

I'm just wondering is there's anything I can say so she can give me some room to sort out other things. Anything I say to her goes right over her head and she doesn't seem to care that I have a life outside of the job centre.

Link to post
Share on other sites

You could say you are looking for a voluntary placement of your own choice and for the long run, not just for 4-8 weeks, to get a good reference.

 

You know that from April we will have to do 35 hrs per week job search activity. Half of it can be voluntary work, + some time to prepare for voluntary work.

 

You can not be mandate to do Mandatory Work Activity if you are doing voluntary work.

 

Print out the attachment below: their own guidance says you can not be so showing it to manager might work.

Link to post
Share on other sites
I'm just wondering is there's anything I can say so she can give me some room to sort out other things. Anything I say to her goes right over her head and she doesn't seem to care that I have a life outside of the job centre.

 

From what you've said so far, I assume you are in receipt of JSA and the adviser is from the Job Centre ?

 

Have you made any declarations as to carer responsibilities for your partner ?

If so, do you have any restrictions on available hours, distance of travel, and/or notice required before commencing employment ?

 

Typically, a Job Seeker's Agreement for a carer would limit the available hours and distance so that you would be available to provide care. Also having a statement to the effect that you can take up an offer of employment given (for example) 48 hours allows you to make alternative arrangements for care. If you have no restrictions in your JSAg, you really need to go back and get it renegotiated.

 

As for being mandated to attend courses or "work experience" placements, ask the adviser to justify them with regards your personal circumstances - If she refuses to make allowances for your role as a carer, then ask for it to be referred to a Decision Maker, not a line manager.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

Quote
No... you can't eat my brain just yet. I need it a little while longer.
Link to post
Share on other sites
You could say you are looking for a voluntary placement of your own choice and for the long run, not just for 4-8 weeks, to get a good reference.

 

You know that from April we will have to do 35 hrs per week job search activity. Half of it can be voluntary work, + some time to prepare for voluntary work.

 

You can not be mandate to do Mandatory Work Activity if you are doing voluntary work.

 

Print out the attachment below: their own guidance says you can not be so showing it to manager might work.

 

I'm aware of the changes in April and I'm not too bothered about them in a sense of I shouldn't be on JSA in the coming months.

 

The place she's trying to make to attend is from a partner place, it's called Acorn Training. I've told her myself that I could volunteer somewhere local for a bit, so it's not venturing too far out, but she wouldn't have any of it, she's determined to get me on this placement.

 

Also, thank you for the attachment. If it does come to that time, which it probably will knowing DWP, I'll be able to hopefully work locally for a while. Btw, what did you mean about the "time to prepare" for voluntary work?

Link to post
Share on other sites
From what you've said so far, I assume you are in receipt of JSA and the adviser is from the Job Centre ?

 

Have you made any declarations as to carer responsibilities for your partner ?

If so, do you have any restrictions on available hours, distance of travel, and/or notice required before commencing employment ?

 

Typically, a Job Seeker's Agreement for a carer would limit the available hours and distance so that you would be available to provide care. Also having a statement to the effect that you can take up an offer of employment given (for example) 48 hours allows you to make alternative arrangements for care. If you have no restrictions in your JSAg, you really need to go back and get it renegotiated.

 

As for being mandated to attend courses or "work experience" placements, ask the adviser to justify them with regards your personal circumstances - If she refuses to make allowances for your role as a carer, then ask for it to be referred to a Decision Maker, not a line manager.

 

Yeah, that's right. I have JSA and attend weekly appointments at my local JC.

 

I'm not technically a carer yet, so to speak. I'm looking after my fiancee right now, but I'm not her carer yet. She needs to sort out her sideof the benefits and then afterwards I'm going to be applying for carers allowance.

 

About her justifications for this work placement, it does seem fair, but right now I can't afford to take it up. I've been out of work for a while and she's dead set that this is what I NEED right now, when I've told her it clearly isn't.

Link to post
Share on other sites
I'm not technically a carer yet, so to speak. I'm looking after my fiancee right now, but I'm not her carer yet. She needs to sort out her sideof the benefits and then afterwards I'm going to be applying for carers allowance.

 

You are "looking after your fiancee", therefore you are her carer - You do not have to be in receipt of carer's allowance or "registered" to be a carer. Admittedly, things are a little easier if you are in receipt of CA...

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

Quote
No... you can't eat my brain just yet. I need it a little while longer.
Link to post
Share on other sites

Well, I'm planning to volunteer with the Citizens Advice Bureau as an Adviser and they train us for 18 months, 2 full days a week. We will shadow trained advisers to learn on the job and after a few months, we will be working as well. Probably just interviewing and not advising yet.

 

So time spent preparing for volunteer work will be reading whatever info we will be given. Will have to learn the legal framework for benefits, employment, housing, immigration, etc. Some take less than 18 months to do the training.

 

I imagine you may need time to prepare for any type of volunteer work. Volunteering with the homeless: read up on present day homelessness in the UK to get a better understanding what they go through. Immediately minus five hours per week from the 35 hrs pw work-related activity you have to do. [the reading up on the subject]. They are vulnerable ppl so you can't just go unprepared [reason given to JCP adviser].

 

So 17 hrs volunteer work, 5 hrs to prepare for it: still leaves you with too much time to sit in front of computer applying for jobs.

 

This search for job for 35 hrs pw is crazy, esp if you have to document it in writing.

 

The caring responsibilities you should declare. Didn't suggest it to you because donno if JCP will accept it until your partner is on DLA/PIP. Say application is in progress, show her ESA. Worth a try, rather than MWA.

 

The My Work Plan booklet is to document the 35 hrs job search you do: the plan for the next week and then write down what you have actually done. DWP guidance below says we can legally decline to use it.

 

On the LMS the adviser has 100 characters to record instructions given to a client. Eg "Bring print out of work specific CV for next signing. Register with local agencies and call them three times a week and similar fun things". Is that 100?

 

They will probably insist on using the booklet, just as Uni Jobmatch, the current pain.

 

The "relevant deductions" bit in the attachment below explains how the state wants you to spend your time to get £71pw.

Link to post
Share on other sites

That's the problem. I briefly talked a little bit about that subject with my advisor last week, but she responded with if I was not looking for, or not able to look for work for ~40 hours a week then I shouldn't be in receipt of JSA. I didn't know what to say at that point because I was worried that if I did say that I was looking after her quite a lot then I might have gotten into a bit of trouble, so I kept my mouth shut.

 

Like I said though the main problem here is this work experience thing that she's determined to sign me up for. I'm pretty sure it's not mandatory, because if it were then I'm sure she would have pinned me up to it by now. It just seems like she has to get me to agree to doing it myself first. Which is why I'm asking if there's anything out there I could refer to to say that I don't have to go to this place and that I don't have to be pushed around.

 

I feel as though I'm getting bullied into doing something I don't want to do. All because she said that "it's best for me".

Edited by Jeimii
Link to post
Share on other sites

Work experience and mandatory work activity are too different things. Work experience is voluntary until you sign up, then it becomes mandatory. Allegedly, you can back out during the first week but if you leave later [walk out] or you get dismissed for gross misconduct, you will be sanctioned: loss of JSA for 4 weeks if not 3 months. Many a young ppl walked into this voluntary work experience trap.. They [probably] were not made aware what happens if they do not complete it.

 

MWA is compulsory: 4 weeks, 30 hrs pw at Salvation Army / Poundland. Just do not sign anything. When they mandate you, it is them who supposed to sign [the MAN], Mandatory Activity Notice, not you.

 

They can not make you do work experience unless you agree to it. Coercion, like "if you don't do this work experience, you are not doing enough to find a job / you not complying with adviser's instructions.."-their only tool..

 

A Jobseeker's Direction you have to comply with but they can not issue it for anything or everything. Not for voluntary work experience anyway.

 

Ask for written policy which explains if it is compulsory.

Link to post
Share on other sites

Single mothers can reduce their weekly work search and work availability hours: can only work while kids are in school. Same applies to carers. Just because you are not paid for it, you still a carer. Will dig up the relevant legislation about reducing weekly hours in Jobseekers Agreement.

Link to post
Share on other sites

Thank you Beatrice, that's what I was looking for. I know it's not mandated, because like I said, she would have done it by now, and she actually asked me if I wanted to proceed (even though she immediately told me I had no choice and she also handed me a leaflet and told me to give it a look over and see what I think). I just didn't know what to say, I was afraid of being sanctioned.

Link to post
Share on other sites

http://www.legislation.gov.uk/ukpga/1995/18/section/6

 

Please refer to 6 (2) (b).

 

You can print it out to deal with them. Impossible to believe that manager would not let you to restrict your hours but if it has to be DM, let it be DM, with declarations from you and your partner and supporting medical evidence / ESA allowance letter.

Link to post
Share on other sites

Stupid question maybe - but how on earth can Jobcentre prove you have spent at least 35 hours a week looking for work?

 

And they can sanction someone for not doing enough in the week? How can they judge how long it takes someone to do one job search activity? It will take some people longer than others.

 

Is it up to each adviser to judge how long someone should take to do one activity? That is asking for trouble....

Link to post
Share on other sites

http://www.adviceguide.org.uk/wales/work_w/work_self-employed_or_looking_for_work_e/government_employment_schemes.htm

 

They expect you to write up a painfully detailed account of what you do each day and if it does not add up, they sanction you.

 

I am hoping to get work sooner or later because their regime only gets more tough and more underhand. Losing 4 weeks JSA for missing one single appointment: too harsh already. Would be ok if you miss 2 or 3 without a good reason but this way they just destroying ppl.

 

Citizens Advice records the issues clients have and lobby to make changes in the legislation to make the law better and more fair. Social policy work as well as advisory. They want this sanction system supervised because too many ppl grew desperate / destitute / foodbanks, etc.

 

So if you turn to them for help, they record each case without the name and it is for the good of all. Sometimes difficult to get an app or a long wait so forums like this may be handy. And Google. CAB Adviser Net is like Google so they only have to be able to search for the info. Knowing it all is too difficult. You know the bits you advised clients about already.

Link to post
Share on other sites
Stupid question maybe - but how on earth can Jobcentre prove you have spent at least 35 hours a week looking for work?

 

And they can sanction someone for not doing enough in the week?

 

They can not prove how long someone didn't spend on their weekly job search. By the same token, it is difficult for a claimant to prove that they did use up the allotted 35 hours - Even sitting in a job centre all week under the guise of a "supervised job search", one would be hard pushed to spend all 35 hours searching for jobs.

 

The adviser can implement floating targets, so even if you fulfil the minimum targets set out in your Job Seeker's Agreement, a doubt could be raised. This is even easier to monitor if you have allowed DWP access to your UJM account and don't log everything there... Then there is the "look, there are X jobs on UJM this week that you could have applied for but you didn't" (ignoring the fact that they may be outside your area of travel or not qualified/experienced).

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

Quote
No... you can't eat my brain just yet. I need it a little while longer.
Link to post
Share on other sites

Surely if everyone spent 35 hours minimum a week, it would be more difficult for the genuine jobseekers to find work as employers would be inundated with job applications (even more so than they are currently) so making it even harder for them to sort out the wheat from the chaff (ie: rubbish job applications that some claimants will make just to show the Jobcentre that they are "jobsearching for at least 35 hours per week").

Link to post
Share on other sites

:Jeimii:

 

For clarification; your fiancée isn't on the 'wrong' benefit. Isn't a case of employment n support or personal independence payment. Employment n support is an income replacement benefit for people who aren't well enough to work. Personal independence can be paid to anyone, working or not, who qualifies for help with personal care or getting from A to B. For eligible claimants, both benefits can be paid at the same time.

 

A helpful guide, which includes the qualifying criteria, for a personal independence payment;

 

http://www.disabilityrightsuk.org/personal-independence-payment-pip

 

Don't know how long you've been waiting for a PIP1 form but it's taking forever, if ever, for Disability n Carers to send one out. Government's preferred option, if your fiancée can cope with phone calls, is a telephone claim. Prefer paper? Written request via recorded delivery, chase, chase, and chase again. In the meantime, I suggest you follow :Mr.P:'s advice in #6, cos currently, decisions about personal independence are taking upwards of six months.

 

Best wishes, Margaret. :panda:

Link to post
Share on other sites

Hey everyone, a bit of an update. I went in for my weekly interview today with my adviser,but I didn't get to see her long, though because I don't think I was set up for this appointment properly the last time I left (I was upset last time and I may I left without signing the next appointment sheet).

 

Anyway, It was quick, so I didn't go over the details you told me to mention, but she did ask my again if I had looked over the leaflet and how I thought of it, and threw the word 'mandatory' in somewhere. I told her the same thing I said last week and basically left straight away. Though I had to go back though because for 'forgot' to reimburse my bus fare, thinking it was my sign in day today.

 

Anyway, in all honest, and I know this is completely stupid of me, I didn't actually look over the leaflet she gave me. At the time I was dead set on not going, so I didn't care about it. However, I pulled it out of my bag today and to my horror it does say mandatory on it. More specifically it says "Derbyshire Mandatory Youth Activity Programme". It is provided with TBG Learning.

 

So now that it seems there may be a spanner in the works (sorry, guys) what do I now? Do I go out there and look for some voluntary work so I can at least be more local? I plan on explaining my caring situation next time with my adviser when I have more time, but would that be sufficient to let me stay with my fiancee?

Link to post
Share on other sites

http://www.legislation.gov.uk/uksi/2013/276/regulation/3/made

 

http://www.legislation.gov.uk/ukpga/2013/17/section/1

 

http://www.legislation.gov.uk/ukpga/1995/18/section/10

 

http://www.legislation.gov.uk/ukpga/1995/18/section/6

 

You will have to do the scheme you mention. It is mandatory once you are referred. ie once they hand or post you a letter to notify you. It includes the start date.

 

Question [to the public]: by how many hours per week can you reduce your 40 hrs pw work availability if you have caring responsibilities?

 

We need to find out before you re-negotiate your jobseekers agreement.

 

Please read the info [above links] about relevant legislation.

 

You have to attend unless ill. JSA28 form to fill in if ill. Max for a period of 1-14 days, twice every 12 months.

 

Ask your agreement to be re-negotiated with your adviser. Beforehand I would talk to the manager to show I know my rights and to say adviser told me I won't get JSA if I want to restrict my availability because I have caring responsibilities. Ask manager to let you restrict your availability showing him the print out of the law that enables you to do so.

 

Print out the relevant pages of legislation to support your argument.

 

We have to do these placements because of the Jobseekers (Back to Work Schemes) Act 2013 which is difficult to understand, full of cross referencing and was passed to legalize work force. The other links / sections you need to understand and use in your argument.

Link to post
Share on other sites

http://www.cpag.org.uk/content/labour-market-conditions-and-jobseeker%E2%80%99s-allowance

 

At the end of the above article it says it does not have to be in your Jobseekers Agreement that you restrict your hours because you have caring responsibilities.

 

It makes no sense. Then how will the adviser and the JCP know when you are not available and why.

Link to post
Share on other sites

Quotes and relevant points from above link:

 

"Claimants with ‘caring responsibilities’ for an adult or child under 16

 

Caring responsibilities mean looking after a person who is member of the household or a close relative and who is either a child under 16, someone over pension age, or someone who needs care because of her/his mental of physical condition. Included in this group will be lone parents unable to claim IS, members of couples with children who will in future have to be available for work and carers who cannot qualify for carer’s allowance.

Claimants with caring responsibilities are only required to be available for work within one week, and to be available for an interview within 48 hours.

 

The jobseeker’s agreement

 

The final part of the labour market conditions is that the claimant has a current jobseeker’s agreement in which her/his restrictions on availability are listed and which demonstrates that, despite those restrictions, the claimant is available for and actively seeking work.

 

Note that the following restrictions do not have to be in a jobseeker’s agreement:

 

  • lone parents with children under 13, allowing hours to be restricted to school hours;

 

  • carers who have to restrict their hours to reflect their caring responsibilities;

 

  • restrictions on availability being allowed as reasonable because of the physical or mental condition of the claimant under reg 13 of the JSA Regulations.

 

A claimant with caring responsibilities does not have to be available for up to 40 hours work, as long as they are available for as many hours as their caring responsibilities allow (and for at least 16 hours) and still have a reasonable prospect of securing employment."

Link to post
Share on other sites

(3) The Derbyshire Mandatory Youth Activity Programme is a scheme delivered in the Derbyshire Jobcentre Plus District comprising up to 30 hours per week of work-related activity for the benefit of the community and up to 6 hours per week of supported work search over a period of 8 weeks, for any claimant aged between 18 and 34 years.

 

As a carer you have to be available for work for at least 16 hrs pw. My understanding is that then the JCP can still mandate you for 16 hrs pw to do the above.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...