Help with pushy adviser

[Jeimii]

Thank you Beatrice for going above and beyond to help me out here. =)

 

This is all very confusing, though. From what I understand I'm going to have to talk to my advisor about my caring responsibilities, I'm not looking forward to it.

 

I remember you mentioned in an earlier post in this thread(#5) about doing your own voluntary work excludes you from being selected for mandatory work. Does this still hold true for this particular placement? I keep mentioning doing local work because I stand to be using at least 2 hours per day for travel to this placement.

[Beatrice Bee]

http://www.legislation.gov.uk/uksi/2013/378/regulation/9/made

 

They gradually rolling out the claimant commitment to prepare for the universal credit and bringing in the changes inrtoduced in the Jobseeker's Allowance Regulations 2013 [above link].

 

The link takes you to the section about restricting your availability.

 

You should draft a declaration about your days and hours of caring responsibilities and request the Secretary of State in the letter to allow you to restrict your availability for work to 16 hrs pw until further notice.

 

I would attach evidence of partner's ESA allowance and medical condition to justify my claim.

 

Partner shall counter sign and date it. Keep a copy and proof of posting and do it before they refer you to this scheme.

 

Who to address it to? The Jobseekers Agreement is made btwn a claimant and an adviser [on behalf of the Secretary of State]. Ask to speak to one of the managers: he will tell you the name of the relevant manager. Better than the troublesome adviser. So the address is your local JCP. Ask them in the letter to respond in writing within 5 working days. Include your NI, full address and say you keep a copy of this letter and retain proof of posting.

 

They fob you off with b*** when you talk to them. I would quote the law in the above letter about variation of jobseekers agreement and restriction of availability for carers: the info provided above. State that you are not in receipt of careers allowance.

 

I believe it is a change of circumstances and as such has to notify JCP immediately [carer responsibility for x number of hrs pw].

 

Moving in with a partner will affect your agreement so notify JCP immediately if any changes.

 

Not a trained or experienced adviser so hopefully someone more knowledgeable may be able to comment.

 

Who will confirm that OP will still get the same amount of JSA if availability is restricted to 16hrs pw and no other income? Thank you.

[Beatrice Bee]

Just seen your message above. They can only mandate you to activities which are reasonable in your circumstances. It is for you to explain why you think it is not reasonable to mandate you. You can not just refuse it because it means sanction. You would have to argue that caring responsibilities is a must and you are going to do voluntary work of your choice. Show how it supports your job goal. They provide you specific skills, experience in that scheme [ask what exactly you gonna gain from it] and show that voluntary placement is gonna provide you the same. You would have to name the organization / company you want to volunteer for and name job title, eg administrator, and the duties involved.

 

Show confirmation letter that they happy to provide you help and volunteer opportunity, number of hrs pw, start date, plus fill in the volunteer form you pick up at JCP to state company's name and address, any money received, any allowances, which hours and days you pw. Adviser will say no again so happy letter drafting and law printing. State in the letter that it is not reasonable to refer you to the youth scheme because of your carer responsibilities.

 

Say in the letter that you will request the case to be referred to a decision maker if the adviser refuses to vary your jobseekers agreement. They may suspend your JSA until you get a DM reply. In the letter I would say I will appeal any unfavorable decisions. No clue how long it takes to get a DM reply in your case.

 

My DM reply was done within a week after I posted a sick note with a good reason letter [about failure to attend Work Programme app] and JSA payment was reinstated immediately.

[Beatrice Bee]

One things about travelling. Normally you have to agree to commute to work / work placements / schemes 90 mins each way. So the 60 min one way for this youth scheme is well within the legal requirement. They will have to reimburse you upon receipt [cheapest means of transport].

 

However, you can request that because of your carer responsibilities you travel to work and work placements for less than 90 mins each way. Say 45 mins each way. Any less is risky as you significantly reduce your chances of finding work if you only look for work within 45 mins of travel.

 

Please read the info in the links before drafting that letter and let us know when you have posted it. I understand if you need a couple of days to think about it and then a couple of days to build up an argument to draft that letter. Talking to adviser won't work. She stated her case already so you have to write and show that you know the law and your rights.

[Jmarie80]

Hi, It's not for `no particular reason', the benefits advisors themselves are having their `performance' monitored by their managers. A jobcentre advisor told me about it. They HAVE to match a certain number of people with jobs on Universal Jobsearch every day (and save it on the system) and they have to sign people up to these courses. If they don't do it, they are in trouble! The advisor is not your enemy, they are just covering their own back. The best thing you can do is go along with it, it can't hurt even if it is a waste of time. You have to regularly use Universal Jobmatch and save a record of all your activity on it and at least apply for jobs you don't want and go on daft courses if you want to be left alone.

[jasta11]

The advisor is not your enemy, they are just covering their own back. The best thing you can do is go along with it, it can't hurt even if it is a waste of time.

 

Where advisors are breaking clear guidelines to achieve their own ends - even if under pressure from above - they most certainly ARE the enemy. They won't be bothered if people lose benefits or are sent on totally inappropriate courses as long as their quota is met. It's totally and utterly wrong.

 

As a customer, I couldn't care less about the 'pressure' advisors are under; that's their problem. Providing I fulfil or exceed the requirements of my JS Agreement then I expect to receive my full entitlement to benefit without having to contend with their target-driven antics.

 

The only way to effectively deal with it is to be knowledgeable about your rights, assert yourself and report the advisors mercilessly if they abuse their position. Never, ever feel sorry for them. (Naturally, if you get a decent, genuine advisor be nice to them! )

[Beatrice Bee]

It occurred to me today that OP could have a quick interview with the National Careers Advice Service and make the system work for him.

 

Today had to do an interview with the above service, located at the JCP where I sign on.

 

I am Post Work Programme and looks like on Skills Conditionality now which means JCP sends you on little courses [eg literacy and numeracy for graduates].

 

This National Careers Adviser went along with my idea that from 1st March 2014 two days a week I am doing Adviser training with CAB. She confirmed that JCP won't send me on any courses because I am already doing the adviser training. Said a big thank you to her and yet to see that her report and advice has an effect on my JCP adviser [who is supposed to send me on pointless courses].

 

Will print out my National Careers Advice Action Plan for JCP adviser.

 

Last year my local CAB took 20 people to train, out of the 40 applicants. Now I know why. Sat their "literacy and numeracy" test this afternoon and it wasn't as easy as told and as expected. Will be embarrassing if they do not take me because JCP is notified by careers advice that I'm doing the CAB training from 1st March.

 

Had to do an income and expenditure chart for a family, write a letter to a company I owe money to, calculate if I can afford to redecorate my spare room, add up figures to see if I can afford everything on the shopping list. It made me believe that all clients will be coming with debt problems because the whole test was about hateful figures [maths].

 

What I was gonna say is an assessment from the National Careers Service may help OP to convince his adviser not to put him on this eight-week youth scheme. Mind you he will have to be saying that he is doing voluntary work elsewhere and give details and show how it fits into his career.

 

JSA claimants can self-refer to National Careers Service any time during their claim. The CAB adviser training is 18 months, 2 days a week: more of a commitment than an eight-week mandatory your scheme. Guess that's why they letting me do it.

 

Seen posts saying JCP advisers made JSA claimants give up their CAB volunteer placement which is madness and "well illegal".