Appealing A Sanction - JSA

[KittyKatty456]

Hi,

 

I have sanction placed on my JSA for failing to attend a work appointment and have told the job centre numerous times that this was because I did not received the letters until after these appointments. I appealed again over the phone and received the letter attached. I was wondering what to do next and whether anyone can help me.

 

Thank You

Kat

 

[ATTACH=CONFIG]55410[/ATTACH]

[Mr.P]

Too small to read, can you convert it to a PDF please.

 

In the meantime, had these letters been posted in good time and with the correct postage. i.e. Posted at least two days before the appointment with a first class stamp on the envelope ?

 

Had you been given sufficient notice to arrange transport, child care, or complete any activity required of you before the appointment ?

[KittyKatty456]

Trying to convert now. I don't know when the letters were sent because they won't say. And no I did not receive notice beforehand.

[KittyKatty456]

Here you go.

 

[ATTACH=CONFIG]55416[/ATTACH]

[edmondo]

Surely proff of posting isn`t proof you received it

[KittyKatty456]

That it what I said and they said it was.

[jasta11]

Keep arguing it, don't just accept it - here's a link to a thread in this same section and the lady in question successfully got the decision overturned, even though it involved going to a tribunal and took a while.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?437927-Tribunal-for-a-JSA-sanction-for-not-receiving-a-MWA-letter

 

We seem to be seeing more and more of these cases where the WP has supposedly sent out letters and people haven't received them - in my view it's happening far too often to be genuine error. They'll try anything to obtain sanctions and the JC usually support them without hesitation.

 

Keep fighting it and good luck.

[KittyKatty456]

Thanks I will

[Mr.P]

I don't know when the letters were sent because they won't say.

 

There should be a date on each letter they send you, and also a date stamp on the envelope. If they used a regular stamp, this will be the cancellation mark applied by the post office. A franked letter will always have the date showing alongside the amount paid (usually 37p for second class or 50p for first).

Another way of finding out when the letter was posted is to look at the two orange bar codes that often get applied to letters as they go through the postal system. The processing date is embedded in the top code, but it needs an expert to decode it.

If you can show that the letters were not posted in good time, for example; giving two days notice, but posted second class, then you have grounds for appealing the decision.

[KittyKatty456]

Thank You I will have a look

[Mr.P]

There should be a date on each letter they send you, and also a date stamp on the envelope. If they used a regular stamp, this will be the cancellation mark applied by the post office. A franked letter will always have the date showing alongside the amount paid (usually 37p for second class or 50p for first).

 

Forgot to add: It is important to keep hold of the envelope as I have heard of cases where a provider has typed up and printed the letter then sat on it for several days before posting. If the envelope has a date stamp different to that of the enclosed letter, you should use this in any appeal and lodge a formal complaint with the provider & DWP.

 

Edit: Just had another look at the dates mentioned in that letter. Over the Christmas period, Royal Mail is inundated with a high volume of mail. This leads to delays and the targets for first/second class letters goes out of the window. On that basis, during December, "posting in good time" should make allowances for seasonal delays and heed the advice given by Royal Mail: http://www.royalmail.com/greetings

 

While we always aim to provide a next day service on 1st Class mail and a three day service for 2nd Class, at this time of year Royal Mail deals with a huge increase in volumes of letters, cards and parcels.

Since 1985, Ofcom and previous regulators have excluded December from the specific normal target requirement for deliveries, in recognition of the vast amount of mail we deal with during the Christmas period. Nonetheless, Royal Mail continues to prioritise 1st Class mail over 2nd Class mail in the normal way.

 

 

Latest Recommended Posting Dates

UK Inland Services

Thursday 18 December 2nd Class and Royal Mail Signed For®

Saturday 20 December 1st Class and Royal Mail Signed For®

Tuesday 23 December Royal Mail Special Delivery Guaranteed®

[Blondmusic]

You have to send a Mandatory Reconsideration Notice to the Jobcentre. Here is a link to the PDF file for this information.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/379070/jobseekers-allowance-sanctions-dwpf15.pdf

 

And the link for the form for a full appeal

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/181311/SSCS1.pdf