Me and My Various Benefit Claims and issues

[Jmulv]

Hi guys, not sure if anyone has any answers to this but I'd try ask anyway.

 

I started some part some work 3-4 months ago, it was only meant to be a Christmas contract but I jumped at the chance. Just felt so much better to finally find something to do and it's because they were short staffed and really needed a van driver so they instantly offered me the job.

 

Now my position apparently could end at any time they told me or they may keep me on it depends on the workload. It was only meant to last for a short period but they've kept me on longer already so I'll have to see.

 

So it looks like I could end up back on JSA again unless something else crops up (which could be likely as I did relocate to try find more work).

 

Basically I was wondering how long does it take for your claim to "Reset"? I was on post work programme support I think and would rather avoid it at all costs (obviously if my job ends no choice). If my claim resets at least I'll then again have a few months to find part time work again before being sent back to something.

 

Does anyone have any info about this? I recall my advisor saying 3 months to me long ago but I can't be sure.

 

Many thanks

[Mr.P]

It used to be thirteen weeks between claims to "reset the clock", but I don't know if this has changed in recent months.

 

Now that you are working, even if it is only a temporary position, you will find it much easier to secure another job if you start the search now.

[Lapsed Workaholic]

You can make a ‘rapid reclaim’ if you’ve had JSA in the last 26 weeks.

 

This link tells you what DWP says about it:

 

https://www.gov.uk/jobseekers-allowance/how-to-claim

 

 

This link goes into greater detail:

 

https://www.whatdotheyknow.com/request/189931/response/467020/attach/7/FOI%205895%20GBW%20Guidance%20Rapid%20Reclaim.pdf

 

 

It is more than likely that you will be put onto one of the Help to Work Schemes that has now replaced the Post Work Programme Support Schemes.

 

It is also more than likely that you will need to agree a new Jobseeker's Agreement.

[Mr.P]

You can make a ‘rapid reclaim’ if you’ve had JSA in the last 26 weeks.

 

Thanks for that - The DWP have indeed increased the time for linking claims, probably so that they can (inflict) help via schemes such as the Work Programme on those caught in the revolving door of temporary jobs.

[mikeymack2002]

Also bear in mind that UC is rolling out this year and things will be changing from now on have a looks here for more details

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?441364-Universal-Credit-national-expansion-–-Tranche-two&p=4693215#post4693215

[Jmulv]

It used to be thirteen weeks between claims to "reset the clock", but I don't know if this has changed in recent months.

 

Now that you are working, even if it is only a temporary position, you will find it much easier to secure another job if you start the search now.

 

Did the rapid reclaim window only used to last 13 weeks?

 

Yeah i'm looking around now, obviously there is no definite answer I will lose my job but it's just a possibility I have to think about.

 

Thanks for that - The DWP have indeed increased the time for linking claims, probably so that they can (inflict) help via schemes such as the Work Programme on those caught in the revolving door of temporary jobs.

 

Indeed. Like me because I've had a few different temp positions over time.

[biglesbo]

Hi aged 59

deformed hip fused spine arthritic knees

needles to say ile never play football again

retired by tesco ill health 2005 was om I B till healed by ATOS in 20012

apealed scorded 15 points ( so really lost )

E S A contributory 12 months

last 12 months income related E S A £20.80 pw ( due to a £60 tesco pension)

atended jobcentre once every 6 months uptil now

 

Was advised last week in order to continue recieving my £20.80 i had to attend some form of programme run by a private firm

This and i quote " is due to a change in the rules "

 

would this be correct

or as you state is it voluntary

------

was a bad interview as i pointed out it was pointles as i couldnt guarantee getting there or being able to participate if i was able to attend

i had to have my wife acompany to the jc

4 x 10 min waks 2x 40 min bus rides took me about 3/4 days to get back in control

not willing to put myself through it

 

regards Les

Edited February 28, 2015 by biglesbo
put wrong figure in

[Mr.P]

biglesbo: When you were claiming IB, were you in the Support Group ?

If so, then you should be a voluntary participant in the Work Programme regardless of the outcome of the ATOS assessment.

 

It would be worthwhile digging out your IB award letters and then having a read of https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/394681/wp-pg-chapter-2.pdf to see which group you fall in to.

 

If you find yourself in one of the mandatory groups, demand that the provider funds in full, a taxi both ways for yourself and your wife. Always good to have a witness/advocate at these sessions who can keep notes and record proceedings.

[biglesbo]

Hi

many thanks for replying

was on I B from 2005 to 2012 never even heard of the support group upto this point

in 2012 was asessed by ATOS got the usual zero points

went to tribunal 11 months later awarded 15 points

put onto contributory esa which lasts one year ( 11 months to tribunal plus 1 )

a month later put on income related ESA

 

 

regards Les

 

You can support ESA participants to apply for and take up work,

but you may not

mandate these participants to

apply for jobs, undertake medical treatment, take up work or unpaid work experience.

[Jmulv]

Hi guys,

 

So 3 months ago I was made redundant from my job, it was a good run while it latest but I knew it'd be a sort of year or 2's worth of work.

 

So I've been claiming for 3 moths and I assume I've just hit the 13 week marker this week for MWA (Says in guidance notes people are generally not referred before week 13). My advisor has instantly sent me on it and I've personally no idea why.

 

When reading the MWA guidance it is for people who perhaps struggle with the discipline of a job etc, well none of thta fits me because I've been working before this for quite a while.

 

I've just had a hard time finding work again as I've moved back to my home town and it's a small place not really much going on around here.... but I didn't have much of a choice.

 

I don't understand how MWA is supposed to give me any useful experience. She just said it was because of a potential gap in my CV growing.... yeah like 4 weeks of random work will stop that.

 

Has anyone gone through this and what should I expect? it says the maximum is 30 hours a week so I assume 6hrs of work a day? How do they expect me to continuously fill out application forms and write covering letters for "5 hours of jobsearch activity" whilst working near full time?

 

Also what kind of placements can expect to do? it just says placements that offer "benefit to the community".

 

I don't want to do something for 4 weeks I feel will offer me zero benefit....if it's something of use then that's fine I can just complete the 4 weeks but my worry is searching for work whilst doing it.

[Jmulv]

I've also looked into MWA a bit more and to be honest I wasn't given appropriate reason to be sent on it I feel.... all my advisor said was a gap in your cv becoming a problem etc well someone made a FOI request to the DWP to detail who is appropriate for MWA and apparently that is not a good enough reason to refer a claimant....

 

dentifying claimants suitable for MWA

1. The following JSA claimants must not be referred to MWA:

 young people aged 16 and 17, as the primary focus for this age group is education and

training

 those participating in the Work Programme.

2. Other than that, it is at the Advisory Team’s discretion whether to refer a JSA claimant to

MWA, bearing in mind the policy intent as detailed below.

3. A JSA claimant potentially suitable for MWA is one identified through the work targeted

interview process as lacking, or failing to demonstrate, the focus and discipline necessary to

effectively:

 seek out and pursue job opportunities

 secure and retain employment.

4. As MWA places are limited, it is imperative the provision is deployed appropriately. Where

the primary barrier to a claimant finding work is a lack of focus and discipline on their part,

MWA has the potential to help them. But where that lack of focus and discipline has a serious

underlying cause, for example:

 a significant disability (whether physical or mental)

 a low level of basic skills

 a chaotic lifestyle due to drug / alcohol misuse

or where the primary barrier is something else altogether, for example:

 a background that includes serious criminal convictions

MWA participation would only be beneficial, and therefore appropriate, if it were deployed as a

step within a structured approach designed to address the claimant’s multiple barriers.

Deployed in isolation, or as the first or primary step, MWA would be wholly inappropriate.

5. It is debatable whether MWA is appropriate provision for claimants who are:

 working (paid or voluntary)

 undertaking employment related study / training

 taking part in or recently completed a Jobcentre Plus employment-related measure

(contracted or non-contracted) aimed at helping them move closer to the labour market

therefore, in such circumstances it is imperative that Advisory Teams consider most carefully

the merits of an MWA referral on a case by case basis.

6. MWA may be beneficial for a claimant that has recently received a labour market related

sanction / disallowance, providing an opportunity for them to develop the skills, disciplines and

behaviours sought by employers. (NB MWA must not be used as an alternative means of

addressing conditionality doubts. If there are doubts about a claimant meeting JSA

conditionality i.e. availability and actively seeking, those doubts must be addressed

appropriately).

7. If a lack of recent work experience is proving to be a barrier to finding work for an otherwise

well-focused claimant (even if they may be seeking out and pursuing job opportunities),

Advisory Teams should seek to address this with the claimant by discussing the ways in which

this experience could be gained - for example through Work Together, work experience or by

pursuing volunteering opportunities.

8. Where a claimant is unwilling to address a lack of recent work experience, and Advisory

Teams believe an MWA placement would address this barrier and help a claimant move closer

to the labour market, they should consider if a referral to MWA is appropriate for the individual

claimant.

9. MWA is not an appropriate means of providing recent work experience unless other options

have been explored and are unlikely to lead to the removal of this barrier – for example, the

claimant will / does not pursue options that would remove the barrier.

10. If a claimant is due to commence Work Programme (WP) provision within the next few

weeks, Advisory Teams must consider seriously whether a referral to MWA is the best use of

this limited resource. (NB In circumstances where a claimant approaching, or reaching, their

WP entry point has previously failed to start, or failed to complete, a MWA placement, if the

grounds for making the original referral remain valid then a further referral to MWA must take

precedence over the WP referral i.e. a temporary exemption, using the criterion ‘customer on

other suitable provision’, must be applied to the WP referral)

11. The final decision on a claimant’s suitability for MWA is one that must be made in

consultation with a Work Services Manager e.g. a case conference approach.

12. To provide the necessary audit trail, it must be recorded as a LMS conversation that the

required consultation has taken place.

 

I bring in ample printed proof of my job search activities.... also it is not supposed to be used to generate work experience.

 

So I'm questioning why I've just been sent on MWA randomly with no explanation?

 

I may file a formal complaint against my advisor to be honest, she doesn't even check my work search log half of the time. What should my next steps be? I feel like this referral was more of a punitive measure rather than one aimed to help as It wasn't explained at all as I said how this is supposed to benefit me?

[Mr.P]

I may file a formal complaint against my advisor to be honest, she doesn't even check my work search log half of the time. What should my next steps be?

 

Your first step would be to ask for a Mandatory Reconsideration of the "activity", quoting the relevant sections from the guidance notes and supply supporting evidence (e.g. job search logs, speculative letters sent, etc). If you file a complaint against the adviser, you may find the next one will pick over your job searches and throw in a few benefit doubts if you miss any suitable vacancies advertised on UJM. Your call, but be aware that it does come with risks.

[obiter dictum]

Being on this MWA gets you off the unemployment figures, Same as being sanctioned or with one of these work place providers even though you are still claiming. It is a con job to manipulate the figures. That is why the Job centre staff push people into those three catagories at the earliest opportunty.

 

Gone are the days when the job centre was actually there to help you get a job

 

It is so the Government can brag the unemployment figures are down

[Jmulv]

Being on this MWA gets you off the unemployment figures, Same as being sanctioned or with one of these work place providers even though you are still claiming. It is a con job to manipulate the figures. That is why the Job centre staff push people into those three catagories at the earliest opportunty.

 

Gone are the days when the job centre was actually there to help you get a job

 

It is so the Government can brag the unemployment figures are down

 

Yep I thought as much, it's a method to massage figures.

 

Shock horror.... I looked it up myself.

[Jmulv]

Hi guys, making this post for a friend of mine. Wondering if any of you awesome folks could offer some experience/helpful advice.

 

So basically I was mandated to attend an Ingeus appointment last month, however on the day of my appointment I was suffering with a terrible migraine (I get them occasionally and they can be quite bad). I have phoned in sick before and never had a problem (I think last time I missed an Ingeus appointment was last year).

 

However I phoned in sick this time on the day of my appointment early in the morning (my appointment was some time in the afternoon I think) explaining I was ill and if it would be possible to rearrange. I rang them and tried to speak to my advisor but he was busy so I spoke to the receptionist at the main desk on the phone said that would be fine but they would have to inform JSA that I was phoning in ill and missing my appointment which I said OK that's fine.

 

Fast forward a week later after I phoned in I got a letter in the post from JSA with a page of questions just asking why I was off ill, who I spoke to, did I phone in before hand etc? 6 or so questions just asking me to state the reason I missed the appointment. I filled it all in explaining the situation exactly and sent it off thinking that would be the end of it.

 

Some time passes and I now get a letter saying they are stopping my JSA for 4 weeks "We have now decided that you did not comply with the requirements of the scheme to which you have been referred and that you did not have sufficiently good reasons for doing so".

 

What are my next steps here? I know you are allowed 2 periods of sickness in a a year up to a maximum of 2 weeks each. I've had no other periods of sickness this year. I phoned in ill as I've done in the past last year as normal. Yet now they've acted like I did not phone in and just skipped my appointment and sanctioned me. As I said i've not been ill at all this year and attending my JSA appointments etc as normal.

 

I have always followed the rules correctly so I just don't understand how they can sanction me? it seems to be a case of shoot first ask questions later....

 

Thanks for any help.

[Jmulv]

Just to add other information, when I phoned in last year (I think I had flu or something and I phoned in ill it was a while ago) I spoke to my Ingeus advisor and they never mentioned informing JSA, he just basically said yeah that's fine booked me another appointment. I'm confused why it has been different this time? when the receptionist said they have to inform JSA I was a little perplexed if i'm honest but just thought perhaps the protocol has changed?

 

But it's just ended up in me feeling confused and receiving a sanction.

[tommy456]

Just to add other information, when I phoned in last year (I think I had flu or something and I phoned in ill it was a while ago) I spoke to my Ingeus advisor and they never mentioned informing JSA, he just basically said yeah that's fine booked me another appointment. I'm confused why it has been different this time? when the receptionist said they have to inform JSA I was a little perplexed if i'm honest but just thought perhaps the protocol has changed?

 

But it's just ended up in me feeling confused and receiving a sanction.

You should be able to claim hardship payments from the DWP for the period of the sanction, and if you don't agree with being sanctioned you can request a Mandatory reconsideration (MR) supplying any further evidence and why you feel that being sanctioned is wrong, the rules are 2 periods of sickness in any 12mths period, the 12mths period would start from the previous sickness period ,

 

About the work programme provider informing the DWP i would be surprised if them informing the DWP wasn't normal practice TBH

[antone]

Yes, the WP provider informing the DWP is more or less standard procedure. Did you contact the Jobcentre directly about this? Normally they'd ask you to complete a form, JSA28, which would exempt you from the "Actively Seeking Employment" conditions of JSA for the period of sickness. This would include attendance at the WP or Jobcentre itself.

 

If you did complete such a form, that's what you should point out when requesting Mandatory Reconsideration. If you didn't contact the Jobcentre directly then things could be a bit trickier, as they may well say that you should have done this as soon as you knew you would be unable to attend the WP appointment.

[dcahater76]

Quite Frankly if you have been referred to the work programme and cannot attend the work prgramme appointment you need to ring the jobcentre first to declare a period of sickness then ring the woek programme. The providers of the work programme do not pass on much information to dwp much more a case that you have failed to attend the appointment there are no reasons given as to why or even that you rang them.

[Jmulv]

Hi guys,

 

I took part in a WCA not long ago (I've been on ESA WRAG for the last year and this was a reassessment). They found me fit for work but I hadn't been able to secure all my medical evidence in time so instead submitted it along with my MR and the decision was overturned and I got letter saying I had scored the 15 points.

 

Now here is the confusing part..... before I had all my evidence (and could submit my MR) I had to claim universal credit for around 4-5 weeks. I didn't fit the gateway conditions but I didn't have a choice at the time. I wasn't informed I am living in a "Live service" area and should have claimed old style JSA instead of UC

 

I was just told to claim UC, now that my decision has been overturned will I go back onto ESA or will they try keep me on UC? I'm concerned as it means I lose out on money and apparently will be subjected to harsher conditionality (And shouldn't be on UC in the first place). I don't even live in a full service area. Does anyone have any idea what will happen? or what my next steps should be?

 

There wasn't a change in my circunstances at all I was just forced to wait for more medical evidence and then appeal the decision and had to make a claim for UC or i'd have been without money.

 

Thanks in advance for any help. Universal credit is really making a big mess of things.

[spitfire1964]

I would have thought that they would be obliged to put you back on ESA, if that is what you have appealed and you appeal has been accepted, its as you were so to speak, they put you in that position of having to claim another benefit ( UC ) "but for" the DWP you would still be claiming ESA, you are entitled to claim UC, you exercised that right whilst appealing the ESA decision.

 

Tell them that you want to go back on ESA and any benefit lost, should also be requested, the ball is in your Court now, not the DWP's, winning your appeal should in theory now give you the upper hand.

 

And you are right about UC, its designed to complicate matters, the DWP are masters of this.

 

Someone more qualified on this might have a different view, but clearly you want to go back on ESA, so request this and see what they come back with, but I think you will be ok and have tackled the main problem. SF