Jobseekers Act 1995: Why benefit sanctions are unlawful
Sanctions are unlawful. Section 1(3) of the Jobseekers Act 1995 states “A jobseeker’s allowance is payable in respect of a week.” This is known as a Benefit Week. Jobseekers Allowance is paid every 2 weeks although entitlement is calculated by Benefit Weeks. Sanctions are in theory legal solely because the above mentioned Act including Section 19 and JSA Regulations allow the benefit payment to be withheld for such fixed or variable period. Sanctions actually contradict with other clauses in the Jobseekers Act 1995 including clause 1(3) and other legislation and therefore such conflict makes it unlawful.
The aims of Unlawful Sanctions
Unlawful Sanctions is a campaign against the unlawful benefit sanctions claimants receive.
We want to:
- Directly challenge the Government regarding these benefit sanctions
- Make sure benefit fraudsters are jailed or denied benefits instead of imposing pathetic benefit sanctions
- Abolish the unlawful benefit sanctions
Benefit Sanctions
If a person is entitled to claim Jobseekers Allowance and has an active claim; has satisfied the 9 conditions under Clause 1(2) including being Available for Work and Actively Seeking Employment in that Benefit Week and has received full payment for that Benefit Week and has committed an offence that could result in a sanction; Should such a person lose future payments although their Jobseekers Allowance claim is active and ongoing therefore such person remains entitled to Jobseekers Allowance and still has to and still is having to meet the 9 conditions each week?
I don’t think this is legit or fair. As benefit is paid by Benefit Week subject to satisfying 9 conditions – if a person commits an offence in that week but remains in receipt of Jobseekers Allowance (both as in an active claim and no restriction in money) how can he or she lose payment in future weeks when he or she meets all the conditions and is not committing an offence?
Sanctionable Offences
If a person meets the 9 conditions to claim Jobseekers Allowance in a Benefit Week *and* commits an offence deemed to be sanctionable in the same Benefit Week: Why is the monies from such Benefit Week still paid to the claimant when payments are only made every 2 weeks?
As payment is made at the end of two Benefit Weeks there is sufficient ability to withheld such payment.
Surely the absence of claim termination, no restriction to monies paid and active claim ongoing warrant any alleged offence waivered?
Future Sanctions
The Jobseekers claim continues, the jobseeker is sanctioned x weeks money for an offence commited up to a few months back where the claim was active and not affected in such Benefit Week, however, in the latest Benefit Week(s) have not commited an sanctionable offence and meets all 9 jobseeking conditions.
Unlawful Sanctions
Sanctions are not lawful under Section 1(3) of the Jobseekers Act 1995; Sections 1(1) and 1(2) extend the main clauses to the full Act which is what makes sanctions possible, however, Section 1(3) is within the main part regarding "Entitlement" (also as a section header) clearly states about Jobseekers Allowance being paid in respect to a Benefit Week.
This is ironic, as sanctions are unlawful primarily because the Jobseekers Act 1995 (and related legislation) isn’t compatible with Human Rights.
Now
good work mate!!!
look up tpuc.org
bringin the jobcentre and courts to their knees, one town at a time
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i have now had two sanctions placed on me
1st one for not looking for work enough,i was not given right information as to what to do as i have never claimed JSA im also a lone parent .
2nd sanction was for not looking for work even i have found a job but wont start for a month as the first sanction had stopped all help going back to work .the lack of information given in the first place resulted in my left again with no payment
can they do this to me as a human
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I am doing a course n Community Interpreting, and as part of my coursewrk, I need to prepare a report on claiming JSA.
I have most of the information, and I would be grateful if you could help me with answering the following questions?
1. Does the Job Centre Plus have any systems or procedures in place, to enable non english speakers access the service?
For example, (A)what arrangements exist for the use of interpreting services?
(B) Are any leaflets or information provided in community languages, and where can these be found? (I had a look on direct.gov websie and could not find any relating to JSA)
(C) Generally what do you do to help non english speakers access the services you provide? Are ESOL courses provided? If so for whom and at what stage?
2. What does JCPlus o to overcome any problems with cultural issues, where these issues affect the responsibiities of thejobseeker, for example
(A) If a muslim jobseeker refused a job on a pig farm or non halal butcher or Bingo Hall , would they be sanctioned?
(B) If a muslim woman refused to work in an all-male environment,or a bar working late and wearing clothing other han her traditional dress, would she be sanctioned?
How would your organisation overcome these problems if customers are not sanctioned in these circumstances.Do you have a list of acceptable cultural reasons for refusing work etc?
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Whist their once ,an interpreter was asked to come in for a non speaking person .
I have not noticed language leaflets.
I have heard of ESOL .Whilst attending new deal two years ago a place did learn foreign people English .`The learning center`.
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Please read all you can on law/conditions/policies in claiming benefits-get knowledge, if you feel you have been treated unfairly/mistreated,or anything else you feel is not right, please complain.
Complain to jobcentre you are claiming benefit from,ask for an explaination of what has happended to you and to why you are not happy give as much detail of your complaint as you can, keep a copy of this. Ask for compensation for stress fincial difficulities you have had,costs you have incurred as a result of having your benefits stopped/sanctioned.
If you are not happy with their repsonse write/email to your district JCP manger ask Jobcnetre plus for this address(though it should be on your response from JCP at this first stage if your local JCP fail to give you advice who to compain to if your are not happy they have failed again in giving you this advice and include this in you contact to the district manager, please keep all copies of letters/emails,if you want a reponse from the district manager by email include this request in your complaints tp them.
If you are then not happy with the district mangers repsponse write to the chief excutive and again send a copy of all the letters you have sent to all the others and again complain and say why you are not happy.
If you are not happy with the chiefs repsonse take it to Idependant case examiner this information is on the web but the cheif would have given you this information with his repsponse. Do not take low standards of service from your Job centre, if you have to go your local JCP please record all concerstaions that you have to cover you in case of complaints. Good Luck
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Folks just incase you are interested see updated Jobseekers Act at below web site
http://jobseekersact1995.jobseekersact.co.uk/jsa95/
Not all of the site works but its the 2011 version not 2006 as on Government website
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This is not so much a benefit sanction topic as a benefit reduction topic.
I was offered an afternoons work and earned 21.00.
I informed the jobcentre that I had worked and what I had earned.
Today I have received a letter telling me that for the week I worked my JSA is reduced by 16.00.
Apparently the ruling is that they do not count the first 5.00 but they reduce JSA pound for pound after that.
1. Where is the incentive to work, if I receive 67.50 JSA for doing nothing, I would need to work and earn more than 72.50 to be better off.
2. Where is the incentive to inform the Jobcentre that I have worked?
The Benefit Agency decision is based on government guideleines that state a single person can live on 67.50 per week.
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Louise in reply to your comment i have been down the same road as you, the only difference is i have a child was working part-time 4hrs 30mins a week and doing voluntary work to gain experience in the new job role before committing myself into a job. I did numerous training programmes to gain experience did more jobsearch than requested by the jobcentre and the one job i didn,t apply for due to pulling a ligament in my knee and having excessive swelling, unabling me to apply for the job, i was given a sanction, which in my eyes was uncalled for.
I have now finally secured my dream job through doing voluntary work.
I went to the jobcentre to sign off and was seen by a lone parent advisior to be told i will not get my inwork credits as there was a cut in my benefits due to the sanction.
Right now i am in turmoil as my new job is costing me a arm and a leg in petrol and i won,t be able to go on with it, if i dont get the help i am supposed to be entitled to.
This system stinks and i,m sure they do it to try and save money and make it harder for those trying to get back into work.
All i can say is watch out those that work for the jobcentre KARMA will come around and BITE you right where it hurts.
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I have had my jobseekers allowance stopped for six months because i did not apply for a position sent to me by jobcentre plus, despite applying for numerous other jobs, more than required by jobcentre plus. I did not find out until i went to the post office to collect my money. I am desperate. I dont know how i will manage to feed myself let alone fulfill my obligations as a jobseeker. I cant top up my mobile, have not proper internet access as i cant contribute financially. I am a mentally strong person, but, I can feel myself falling into a depression as i feel so desperate. I spoke to a person i know who works at jobcentre off-the-record, and she said its highly unlikely i will win any appeals and that also they take a long time. Is this legal. The law states that jobseekers is minimum by law that one needs to survive on, therefore, how can one survive on nothing. I also feel that the punishment is not proportionate to the alleged offense. I thought that sanctions were for people who were not seeking employment. During the time that i did not apply for the position i was sent i was actively involved in the work skills programme. Throughout this period i attended a job club weekly and with their assistance applied for vacancies there. I have never committed any other offense. I have worked all my life and now find myself like many others in a position where i apply for a variety of jobs and do not get acknowledgement of my applications let alone interviews. Could anyone please advise me if they have been in same position and what the outcome was. Thanks
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OMG Louise, if I didn’t know this was written by you I could have sworn I was reading something my boyfriend had written. He too has worked all his life and has never set foot in a job centre before in his life. My boyfriend has applied for over 50 jobs and like you hasn’t received any interviews never mind replies and because he was sent a job earning £11,000 and didn’t apply for it; they have suspended his JSA now for 4 weeks.
He literally hasn’t got a penny and no food; I keep having to take food round and lending him money for his gas and electric so he can have a bath. He walked a 24 mile round trip in the pouring rain to register with an agency for a job and if that isn’t commitment to looking for work I don’t know what is.
He has had some really low points and I’m surprised at how strong he’s being.
Job centres treat people like second rate citizens and I’m not sure how the people that work there sleep at night knowing what they’re putting people through.
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Its quite simple. They are not human. JCP staff only employ non-empathic hosts. During my time there many years ago we were given personal profile tests during interview (invented by polish phyciatrist Edmund Faustyn Biernacki)they are quite simply emapathy tests. I could see what it was aiming at and responded with a typicaly non emapathic response to such questions as : do you feel emotional towards people with problems greater than your own? Do you (a) fell nothing, b, partly understand c, believe its there own doing or D other. All C box answers geared towards a non empathic response. Therefore I got the job. After 6 months I could no longer stand it, I could not relate to the people i worked with at JCP bristol zone, there seemed to be a hidden sadistic power trip thing behind many people working there, my observations were based upon there frustrations, seemingly root deep due to there personal failings and/or ambitions. This is fact.
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I do feel your pain Louise. Your case is almost carbon copy to mine. I was also not told about sanction and only found out when I saw no payment in my bank account. I could also have been notified on the day I signed on as this was 4 days before. I have only been unemployed for 5 months, due to redundancy. Ever since I have attended back to work interviews, applied on-line, printed vacancies from the job centre job points, phoned employers, looked through local papers and used word of mouth. Like many on this website, I did not apply for a driving job which was allocated by JCP. This was not due to laziness but i misplaced the ad. Instead i applied for various driving and admin jobs (total 15) in that same week, YET I WAS SANCTIONED!!!!! This system is crazy!!! How am I going to survive the next 6 weeks with no money???? My wife works for low pay and we have two children living with us.
In a weird type of way, I’m glad it’s not only me in this position. I honestly thought the GEEZER singled me out for dislike.
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I recieved a letter from the Jobcentre back in march stating that i fail to apply for a job, i replied to that stating that i had applied for that job and had sent a cover letter with a copy of my C.V. 3 months later i had to go back on benefits after 4 weeks of making a claim they have placed a sanction on my claim for 3 weeks say that i have refused to apply for a job despite acknowleding the fact they have4 my response stating that i had applied!!! WTF are these people on.
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