mandatory reconsideration decision changed..conflicting info..

[flynnsmum123]

i had a mandatory reconsideration for backdating of my JSA, the decision maker decided in my favour so i will be paid 29 days im owed.

I was told by about 7-8 advisors that if they changed the decision in my favour it could be actioned as a same day payment because i've been without for so long.

 

i spoke to the benefit centre today and they have said even though it has been ruled in my favour they have to contact the job centre regarding "labour market laws" and that it will be around another week before i am paid anything.

 

who is correct?

 

its been about 6 weeks now and we've been living off about £20 or less a week to feed/keep warm etc myself and 2 kids under 7 so we're desperate for this money

[flynnsmum123]

Okay well never mind, benefit centre called back and said JC didn't agree so they won't pay me anything and I can contact the job centre directly.

 

They have no idea what this is doing to my already deteriorating mental health.

[martin2006]

Hi flynnsmum, there are one or two of the team who are knowledgeable in this field but you may have to wait a short while until they are online.

[tommy456]

Not 100 % on this but i think that if it is likely that you will be paid a benefit then they can give you advanced payment ,to tide you over until they issue the normal payment , and the DWP can pay people using the faster payment banking system but they claim that they can only do this one time (personally i don't think that is the truth)

 

The problem is they do not care one bit about anyone , even when they owe money to you they drag processing payments out , maybe make an appointment at your local JC and take the decision letter with you, and see if you can get to speak over the phone with someone who actually knows what is going on and who can help you the Vivaldi call center can be quite useless sometimes

Also if you have a diagnosed MH condition have you considered claiming ESA? may save some of the stress ,certainly not as many stupid hoops to jump through for the pittance they pay

[Noah1]

Okay well never mind, benefit centre called back and said JC didn't agree so they won't pay me anything and I can contact the job centre directly.

 

They have no idea what this is doing to my already deteriorating mental health.

 

 

What kind of job are you applying for? It looks like "labour market laws" is related to the fact what kind of prospects you have to find employment. In addition, there are different rules for the British, Permanent residents and EEA nationals so to give you better advice, I would need to know more details.

Have you received a Decision letter? If you had a mandatory reconsideration and payments were granted, then the next stage would be appeal.

[WishPositivity]

I know this might not be much but I have found that ringing again and talking to someone else you get a different response , some do understand and try everything they can to help ,

 

This has been my experience as I got so annoyed at being told so many different things by each person I spoke to but then I'd manage to talk to talk to someone who WAS helpful ,

 

Are you ringing the job center itself I'd suggest ringing the DWP main number because I have found them to be more helpful than the local jobcentre and are open until 6.30pm

 

I think this is the number I really hope you get someone who WILL help you hun x

 

0345 850 3322

[flynnsmum123]

What kind of job are you applying for? It looks like "labour market laws" is related to the fact what kind of prospects you have to find employment. In addition, there are different rules for the British, Permanent residents and EEA nationals so to give you better advice, I would need to know more details.

Have you received a Decision letter? If you had a mandatory reconsideration and payments were granted, then the next stage would be appeal.

 

i put down admin/office. claiming JSA is only a short term thing until my ESA appeal is accepted at the tribunal stage.

i have no idea what market labour laws are either. the last time i claimed JSA, once the decision maker made their decision in your favour that was it you were payed what you were owed.

 

they person that called back a second time from the benefit centre said that if the job centre said i wasn't actively looking for work in the backdated period or something then they wouldn't pay me anything.

 

the problem is my claim is complicated. my ESA was stopped at the end of august and i wasn't made aware of this for another few weeks when i handed in my fit note and got a text telling me that they had got my fit note but i didn't have an active claim. my advisor put a detailed note with the form for back-dating explaining all this because neither of the options at the start of the form really fit my situation.

 

it asked what i was doing for money in the period i was claiming for, so i had to put CTC/CB and they said i should add that i thought i had an active ESA claim as if i ticked the other box it asked what i had been doing to find work when i hadn't been doing anything because as far as i was aware i was claiming ESA.

 

was advised to speak to the JC directly so i called them and managed to get about a 30 second conversation out the guy before being told someone will phone me back tomorrow.

 

the advisor i saw my first 2 appointments was really understanding and pushing that i would get the backdated payments but the man i seen last week (and who answered the phone today) is a bit of an ******* to be honest, had my crying on friday in the middle of the JC..

 

we'll see what they say tomorrow but im not expecting them to change their mind.

 

its so disheartening, i just feel that they dont give a hoot about anyone.

[flynnsmum123]

and thank you to everyone whos replied.

this is the icing on the cake after the lasdt 8ish weeks ive had so its good to see some people still care.

[Noah1]

i put down admin/office. claiming JSA is only a short term thing until my ESA appeal is accepted at the tribunal stage.

i have no idea what market labour laws are either. the last time i claimed JSA, once the decision maker made their decision in your favour that was it you were payed what you were owed.

 

they person that called back a second time from the benefit centre said that if the job centre said i wasn't actively looking for work in the backdated period or something then they wouldn't pay me anything.

 

the problem is my claim is complicated. my ESA was stopped at the end of august and i wasn't made aware of this for another few weeks when i handed in my fit note and got a text telling me that they had got my fit note but i didn't have an active claim. my advisor put a detailed note with the form for back-dating explaining all this because neither of the options at the start of the form really fit my situation.

 

it asked what i was doing for money in the period i was claiming for, so i had to put CTC/CB and they said i should add that i thought i had an active ESA claim as if i ticked the other box it asked what i had been doing to find work when i hadn't been doing anything because as far as i was aware i was claiming ESA.

 

was advised to speak to the JC directly so i called them and managed to get about a 30 second conversation out the guy before being told someone will phone me back tomorrow.

 

the advisor i saw my first 2 appointments was really understanding and pushing that i would get the backdated payments but the man i seen last week (and who answered the phone today) is a bit of an ******* to be honest, had my crying on friday in the middle of the JC..

 

we'll see what they say tomorrow but im not expecting them to change their mind.

 

its so disheartening, i just feel that they dont give a hoot about anyone.

 

A tricky situation...The DWP is very particular about evidence of Jobsearch and penalizes ruthlessly if it's insufficient. With JSA you need to make sure you've got enough evidence of job applications. Admin jobs are quite common. You may ask for the -hardship payment or crisis load tomorrow, explaining your difficulties to get by.

Another important info: Why your ESA was stopped? Didn't you have a sick note up to date?

[flynnsmum123]

A tricky situation...The DWP is very particular about evidence of Jobsearch and penalizes ruthlessly if it's insufficient. With JSA you need to make sure you've got enough evidence of job applications. Admin jobs are quite common. You may ask for the -hardship payment or crisis load tomorrow, explaining your difficulties to get by.

Another important info: Why your ESA was stopped? Didn't you have a sick note up to date?

 

ESA had sent me a form out to fill in about being unable to attend an appointment, which i filled in and posted the same day i recieved it..and they either hadn't processed it or even received it so they stopped my claim. decision maker for that didn't change the decision so i have to take it to tribunal .

 

id love to be able to work but with everything i have phsyically and mentally going on right now it just won't happen but i know i have to make the effort for them to pay me JSA.

 

i can see myself haven't a complete meltdown when signing on on friday and making a complete fool of myself.

[Mr.P]

i can see myself haven't a complete meltdown when signing on on friday and making a complete fool of myself.

 

Do you have a friend that can accompany you to provide moral support ?

 

If so, I'd recommend taking one along with you if you are feeling vulnerable.

[Noah1]

ESA had sent me a form out to fill in about being unable to attend an appointment, which i filled in and posted the same day i recieved it..and they either hadn't processed it or even received it so they stopped my claim. decision maker for that didn't change the decision so i have to take it to tribunal .

 

id love to be able to work but with everything i have phsyically and mentally going on right now it just won't happen but i know i have to make the effort for them to pay me JSA.

 

i can see myself haven't a complete meltdown when signing on on friday and making a complete fool of myself.

 

Just to sum up: You didn't attend an appoitment, they sent their standard form requesting an explanation. Since your respond was lost, your claim was stopped. I would advise you for the future reference to always attend appoitments and if you can't, in a moment you know you won't make it, call them so they have record of your cooperation. In this way you will avoid similar stress because as things are the DWP has rather strong case. One of the reasons is that in every letter they send to people, they always emphasise that in case of change of the circumstance, claimants have to notify them immediatelly, otherwise they will stop payments/claim as they did in your case. What I would say is that it all depends on the reason you put for missing an appointment. If I were you I would be honest in explaining hardship. You may ask for the -hardship payment or crisis load tomorrow, explaining your difficulties to get by.

[flumps1976]

Backdating is a tricky area, it is made up of 2 parts.

There is the payment part which you can be entitle to if you meet the contributions based element or the income based element to actual be considered for payment and then there is the labour market element where you have to declare what steps you took to find employment in that period of time, if you could declare and show evidence of what you had done then you can ask your work coach to consider the reasons again.

You have to meet both parts to receive the backdated payments.

 

With regards to hardship unless you have been sanctioned you will not be entitled to hardship payments, you need to call the number and ask for a Short Term Benefit Advance. They will look at your claim to determine if you meet the qualifying conditions for that (sorry never worked in the payments area so no idea what those conditions are.

 

the other thing you could consider doing is asking you GP for a fit note and then contact the JCP office about extended period of sickness. You will still have to take steps to look for work but your claimant commitment will be revised to take into account your revised circumstances so the activities should be reduced and be more realistic. You can do this for a period of up to 13 weeks and you can still call in to declare a period of sickness for up to 2 weeks before this.