How to Appeal Jobseeker Allowance Benefit Sanction Decisions!
Unlawful Sanctions recommends the following procedure/advice points to submit a good benefit sanction appeal:-
1. Realise the timescales you have to appeal.
It is very important your appeal is in time. A rushed appeal, however, is pointless. Use your time wisely and make use of online resources. Not all Jobseeker Allowance sanctions have the same deadline – they normally vary between a week and a month.
2. If possible use a professional to help you with or even submit the appeal.
This is likely to help you – having a third party (typically with letters after their name or a relevant job title) can do wonders.
3. Make sure your appeal goes to the right place and avoid non-geographical postcodes if possible.
If your appeal happens to get very late they will deem it as your appeal never being made. Rarely will they revise their decision after they have "found" your appeal from a month or so ago – likely just to throw it in the bin. Non-geographical postcodes can delay papers by up to a month – bare in mind though this wouldn’t push your appeal out of the timescales – just delay the decision.
4. Don’t discard an appeal opportunity just because its beyond the timescales.
Append a statement to your covering letter of the appeal stating for example: "My appeal is made outside the normal one month time limit but I believe that it should still be treated as made in time and so admitted for hearing. It is late because [...]".
If the case is a decision letter genuinely didn’t arrive and you requested after finding out about a sanction about the appeal procedure and got a previous copy of the letter (and not a new one with a newer date) – make sure you include the above statement and explain this reason.
5. Don’t be scared to point out the law and snippets from the Decision Makers Guide.
This can get their backs up… however, if you clearly and kindly state the law and/or paragraphs of their guidance, this makes their jobs easier – all they need to do then is check up on the specific clause of law or the paragraph of the guidance and make a decision from it. Some Decision Makers are happy that people do this to make their jobs easier while others get offended and even refuse to consider the law as you specify when making their decision.
6. Don’t expect to win:- appeal to the maximum always!
The Appeal process including the Appeal Tribunal is weighted against the jobseeker anyway so you can’t expect to win even if you are on the right side of the law and/or have "good cause".
Most appeals are denied initially, then negotiated (sanction period shortened) and a lot of appeals just before Appeal Tribunal are accepted and a giro sent out (even if you normally get paid in your bank account). If an Appeal Tribunal scares you, make sure you appeal all the way to a tribunal.. even if you decide to pull out early before a hearing.
7. Check the appeal before sending
Very important: any spelling or typos etc. even the most simple and common ones are likely to stand without correction thus the appeal argument will be denied. It is not their place to understand what you say – although they will write to you if they need further information. Appeals are optional – if you make a bad appeal they dont understand, no chance will they follow it up. Write it in Spanish – it is likely they will deny it instead of asking for a translation or getting a translation (unless you dont speak English of course).
8. Don’t fall victim to the Appeal Scam!
If you are appealing against a sanction decision because you gave up your job – if you say you were paid under National Minimum Wage and it was true you have "good cause". If you state the same reason, but also said "it was too far from home and cost too much to travel to" you will no longer have "good cause".
You must be careful – generally speaking the more "good" reasons you stick down the better, however, if its specifically an law issue (its illegal to pay someone under ther NMW and thus you have a right to give up such employment) you need to keep specifically to that point – no others.
9. Send it recorded!
Yes it costs more to send it first class recorded instead of just first class – but its vital to ensure it gets there.
Social Security Appeal Tribunals
More information soon.
Now
I would like to ask why the staff at jobseekers are so bloody rude and unhelpful, i have been a carer for my husband for nine years up to may last year when he passed away, i have never been able to claim carers allowance,( never a reason given)but after his death i was told the carers allowance would continue for 8 weeks, when i told them i didn`t claim it i was asked why not, i should have been doing so, i was then told i would be able to receive bereavement allowance, that would pay a little bit better than jsa, i would get help with my mortgage interest and council tax, yeah right, i did get help with my council tax, i still had to pay £20 a month but it was a help, then i was told you can`t get help with your mortgage because you are claiming the wrong benefit (crafty buggers). At this point i was also looking after my dad who had been diagnosed with prostate cancer, My bereavement benefit ran out in may and i was told to attend the dreaded signing on appointment,got a very nice man who helped me through it and duly signed on, carried on looking and emailing after jobs, signed on again and saw an adviser, again a nice person, at this point i had not received any payments, my last payment was for £37 three weeks before, so by the time it came to my next sign on day 5 weeks later, my phone and internet had been cut off and i had no diesel,had to borrow cash from my daughter to get some, i couldn`t look for work that week,( i had been to JCP earlier in the week to ask when i would get some cash and was told i could use the phone there to find out, use the PHONE there, was never told about that)the guy at the benefits office appologised and told me it was an error, my claim should have been seen to within two weeks and some one would get back to me, yay at least i was sorted.Then i signed on, was duly asked if i had been looking for work and i said yes the first week, but as i had no fuel, internet or phone not the second week, THAT was my first mistake, i should walk the surrounding area looking for work, there isn`t any i check every week, i tried to explain that i had no money, and was told that was a poor excuse,and i got read the riot act, then told to wait for the manager.This woman is the most rude aggressive person i have ever met, she wouldn`t listen to what i had to say , all i got from her was, you have broken the agreement by not looking for work, i told her i didn`t know i could use the pone there because no one had bothered to tell me i could,i also told her it was my first time ever signing on and didn`t know the protocol,she then went on to read her warning of what would happen at the top of her voice so everyone could hear, and told me my jsa had been stopped because i was not looking for work, so i corrected her by saying that yes i was looking for work there had just been a glich between jsa and the benefits office, resulting in me having no money to pay for fuel or bills which enable me to look for work (i need a car where i am )so now i am penniless, can`t pay anything towards my mortgage, buy food for me and my two dogs, or pay my car tax at the end of the month,but at least i have internet because my friend payed my phone bill for me till i get sorted out again.My crime being honest.
These people need to learn customer service and people skills, they are worse than playground bullies, i left jcp humiliated and very upset, i am very near the end of my tether already after loosing my mum, husband, baby grandaughter and then my dad all within ten months last year, so i don`t need this from them. Lesson learned NEVER tell the truth again. Sorry it is a long post, but i am so angry
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My member of family was having his last breath .I had to nearly bend the arm of the job center to see him .
One day they refused to let me see him in his critical postion ,and i complained .
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I would just like to know who to go to incase i was sanctioned unjustly? I am on a 13week course and have missed four out of the five days you are allocated for the period of the thirteen weeks. I have been on a CDG course for five weeks. Unlike the other attenders i have actually been looking for work. i have posted 34 CVS in the period of time i have been on the course and so far only had three interviews!
I am a chef by trade and have been out of work unfortunately for six months or so! I have tried and am still trying lots of different companys even down to ones abroad or at sea! i leed a busy life style. And have to fit appointments around my CDG course. Now i am worried about missing more days off than my allowence. If they sanction me even just for two weeks i am prepared to spend time and money towards court fee’s, money that i don’t actually have.
I don’t want any of this and am not planning on staying on benefits for much longer. Thanks for taking the time to read! Jamie
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Hi Jamie, what did you do in the end? im in the same situation
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Around two month ago, when i was at the jobcentre, i received two dispute forms for jobs i apparently failed job opportunity for. (however the Jobs in question were jobs i had never heard of) i was figuring out where they were from when i got home after i signed on! occasionally i get phone calls from a different Jobcentre asking if i would like to apply for jobs that come up for them, however a couple of times i have missed there calls, and have not been able to listen to there voice mails due to having no credit on my mobile phone. And so i called them from my parents house phone. After telling them about this they told me that the jobs to apply for were from them, and that the forms should not have been sent if i didn’t have any direct contact with them – and so they told me to fill out the dispute forms saying that they were from Newcastle jobcentre and that it was a mistake made by them.
I filled the forms in and handed them into My local Jobcentre (as i was doing a live transfer with them as they were closer to my home).
Then – when i was due to get money two weeks later, i did not! so i called the jobcentre and they told me that the money was on hold due to that they have been making a decision about the dispute and then she said “it looks like its all clear though and you should get your’e money by tomorrow” And my money was in the next day – phew, it was over – well so i thought…
but then the next week i received another letter through the post saying that i will no longer be receiving benefits! I was shocked and so i called the jobcentre back up, i was told ” because you did not apply for the jobs – you no longer receive benefits” i said that is impossible.. and that it was there mistake. but they told me it was not and was so unhelpful on the phone! i asked them what i could do! they replied to me saying “nothing the decision has been made – but still sighn on to get NI CREDITS” i asked them – how am i going to get to the jobcenre with no money ? and they replied with ” this is not our problem” i was absolutely outraged! my next sighn on date – i had to miss due to having no money to get there! i also had an appointment with the ingeus work programme that i also could not attend due to having no money!
So now i am sat in my parents home (soon to kick me out due to me not being able to pay my way) with NO JOB (with no help from the jobcentre), NO MONEY (with no help from the jobcentre) and so i have NO LIFE! i can’t even attend Job interviews due to having no money!
I DON’T see why I should be punished for mistakes made by the jobcentre.
So many mistakes – yet the only person being punished is me (someone who craves to have a Job! and does care about his future – yet i can’t do it alone with no help or money coming in!).
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Appeal. Then complain to District Manager.
My understanding is Jobseeker Directions (JSD) – which force you to apply for a job – have to be in writing. This is the single sided sheet with the words “Client copy” on it, your address at the top, and below both of them, the job details. Also, in the case that you couldn’t be contacted… leaving a voice message isn’t acceptable as like you say, it costs to listen to them on many networks!
This decision isn’t legit. So don’t lay down and accept it. It is how the system operates indeed however isn’t within limits allowed under law.
One of the biggest sanction scams there is… on the phone to JCP or Jobseekers Direct… they tell you about jobs, say they will send the details to apply in the post… they never arrive! However, the system has been updated to say you had been submitted for the job. It isn’t Royal Mail – they simply do not send the JSDs out.
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I too have been a victim of these sanctions,16 august i recieve a letter from jobcentre plus stating that my claim has been in doubt and i had 7 days to reply…this letter was dated 14/07/11!! i had absolute no chance to reply and by the time i got this letter i was already sanctioned! i have been sanctioned since early august with a 6 month ban.
The reason for this doubt was that i didnt apply for a job and i told the jobcentre advisor that i was not able to attend as i could not start at the required time at 7am because of public transport,i jus couldnt get there in time.But since then i have been able to find myself a job and i told the jobcentre this in august about a month before i start.
I phoned the job centre to get a reconsideration,which i was told would likey go my way because i found employment,it was obvious i have been looking for work as i have been succesful doin so.
So now its been 4 weeks with no money…im broke,how am i going to get to work?!
Well now its getting to 2 weeks since i sent of a reconsideration,i rang up and enquired about it…’well mr rob your reconsideration has been denied and u wont even get a back to work grant’….ARE U FUCKING JOKING!
I wasn’t even gonna get it in writing jus like my sanction.Then i get a letter stating that i will not get jsa even after the 6 month sanction?! tax years 2007 2008 ran out…i was working fulltime! it completely contradict another letter i got earlier saying my jsa will continue at 67.50…so my ni contributions ran out in 7 days?!…What about the people who never worked they dont get anything like this!
This has got to be illegal…where are we living,communist stalin russia?!
Gettin in touch with mp at the mo to get some sort of logic round this,i dont know how they are allowed to do this to people,how are people goin to live with no money for 6 months?
This sort of thing would drive people to suicide,and im one of the lucky ones who’s found a job.This is how u get treated goin back to work.
This has to go public and the rest of society need to open there eyes.
I dont think i want to pay taxes to those heartless criminals….
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