Benefit Sanctions are unlawful, cruel, unjust punishments on the poor
Welcome to the Unlawful Sanctions website! This website is dedicated to exposing the unlawful, unfair, cruel and criminally unjust financial punishments on our societys poorest people. Whats more, criminals convicted of benefit fraud are sometimes "punished" by applying the same length sanctions to their current benefit claim (instead of jail) that Joe Bloggs, the typical genuine jobseeker is receiving for arriving late to sign on because the bus was late!
Added 04/2011:The Guardian, Unlawful Sanctions and PCS have received evidence about Jobcentre Plus offices setting targets and unfairly forcing sanctions on the disabled, those who speak English as a second language and by race. This violates the Equality Act 2010. Jobcentre Plus denied this before admitting to it. They have attempted to justify it as a “misunderstanding” and has ensured people that it has been resolved.
Why we care
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
So, you were made redundant, lost your job or left your job by other means or left university or other education but couldn’t secure a job … whatever your reason for being a jobseeker, regardless of the message the Government puts out about such people, Jobseekers Allowance is a very low benefit to scrape by while you look for employment. You can’t live on it comfortably in rip off Britain!
The Jobseekers Act 1995 which came into power in 1996 (making it 14 years old) outlawed the something-for-nothing benefit culture. Everytime a jobseeker signs on he or she must specify evidence showing that he or she has attempted to seek work. Jobseekers are obligated to register for any "training" to better their job prospects. Jobseekers are even forced to apply for selected jobs issued by an Employment Officer (EO) in the form of a Jobseekers Direction (JSD).
Jobseekers do not have the ability to free choice of labour – if submitted to a job they are expected to take it – regardless if they have a decent enough reason not to. Jobseekers are also required to attend specific dates as requested in writing to a depressing building called Jobcentre Plus. You can’t be a few minutes late but you could be waiting up to an hour to sign on without even an apology.
So lets get rid of any thought that jobseekers are people happy to live off the "dole" – its way below the poverty line and there are only a handful of people who are happy to remain on the dole. These have the common pattern of going through generations via the same families. This is a corruption in DWP and Jobcentre Plus as although the Jobseekers Act 1995 was designed to outlaw this and prevent people claiming who are not "Actively Seeking Employment" (ASE) for some reason these people rarely have any problems with their benefit claims.
Social Security: a right!
Some people may disagree but Social Security has long been an human right. This doesn’t mean a something-for-nothing culture or that people should be able to claim forever.
As far as Jobseekers Allowance goes, this human right has been layered with a conditional criteria to be able to claim. Again it is a human right, everyone has the ability to make an application for Jobseekers Allowance without restriction (whether its denied is another thing though). Even those caught fiddling the system and had been jailed for benefit fraud is freely able to reclaim after prison (how wrong is that?!)
The concern with the unlawful benefit sanctions is it is a loophole around the human right of social security. When you are sanctioned your claim for Social Security doesn’t end – you just don’t get paid. Your Jobseekers Allowance claim is still active and you are still requested to sign on. To most people like me and you can clearly see and understand that it is the point of benefit: to bring in money when you have none. The second aspect is, all offences resulting in a sanction are applied to your future claim thus again you are not denied Social Security (in the present anyway).
If Jobcentre Plus terminated your benefit claim and banned you from claiming for a set period – this would be against Human Rights (including Human Rights Act 1998 and the European ECHR).
It has not been tried that:
a) stopping a payment for a benefit is as good as terminating your benefit claim
b) preventing payment of a benefit for a set period is no different than banning someone from claiming for a set period
We want to take this argument to court – because it is a scam. If it was a business it would have been closed down but because its the public sector not private sector it seems to have been got away with. Its not the Government who loses, its you the taxpayer always!
A poor "jobseeker" isn’t a jobseeker
Just remember: if a person has no income its almost impossible for them to apply for jobs. This delay into finding employment cost the taxpayer much more than if they were claiming for a shorter period. The longer someone is unemployed the less likely they will secure sustainable employment.
Sanctions are unlawful under the Jobseekers Act 1995
Yes, it is true. The Jobseekers Act 1995 clearly states that Jobseekers Allowance (Contribution based or Income based) is paid in a benefit week. So common sense here: if a person commits a sanctionable offence in one week, how can he lose 2 (or more) weeks benefit? Whether or not the person loses out on that specific week or a future week of an ongoing claim is neither here or there – or so it could be argued.
Now
I just wanted to say well done to the reporter, I came across his piece for the Guardian.
http://www.guardian.co.uk/politics/2011/apr/01/jobcentres-tricking-people-benefit-sanctions?
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It’s Mothers Day and I am worried sick about my 19 year old daughter also. Due to the breakdown of her relationship with her boyfriend two weeks ago, it know looks like she will be sanctioned also, as they were coerced in to having a joint claim, paid in to his bank account.
She has received a letter stating that they have stopped both of their JSA and Housing benefit awards, due to her partner not attending the’voluntary’ (forced un-paid work)sessions a couple of weeks ago. Consequently, she has no money.. Nothing…
My daughter has attended every single appointment, travelled to Coventry and sat at a computer for 5 hours searching and completing job applications, attended two training schemes and has never missed or been late for signing on.
On Friday she was offered a job for 15 hours a week ~ Which she is over the moon about… But now it looks like it is being jeopardised by the fact that she wont be able to live in the house that she and her boyfriend shared, due to the lack of housing and council tax benefits.
I am really anxious that she will lose a roof over her head, as well as no money for food (she currently weighs 7st 1lb and 5ft 8 tall) and a rapidly falling self confidence, motivation and mental health. As her mother, of course I want to help ~ taking a food parcel over to her this afternoon,a 80 mile round trip! ~ I cannot have her back home, as the government have me (a single parent) nailed also ~ because I receive a reduced allowance for council tax benefit, in line with Working Families Tax Credit, the local government say that I cannot have her living at home with me without being penalised, as she is now considered an adult, regardless if she is working or not!!!
I don’t know what to do, other than see what they have to say tomorrow morning when she goes to find out what their decision is. Even if she is only sanctioned for a week or a month… she has no one to help her, risks losing her home and newly acquired job as well as the risk of living on the streets. She has no friends or family who can help.
It is an absolute disgrace, that vulnerable young people, who WANT to work, who cannot FIND work, are being held to ransom in such a way …. and yes, I have seen the disgusting report which was posted by the Guardian … I feel sick to the stomach at how this government is attacking and writing off many of the honest, vulnerable and inexperienced young adults in this country. Something HAS to be done.
In the meantime, the only support I have for my daughter is listening to her, trying to remain calm and strong for her and advised her that she go and visit Citizens Advice and speak to someone there. I’m shaking as I write this email, these issues do not simply affect the person directly, but also the families.
ANOTHER VERY UPSET AND WORRIED MOTHER!!!!!!
Oh, as for the ex-boyfriend, he has jumped ship and gone back to his mothers…. )
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my son split up with his girlfriend and she moved away with their child he managed to find wk for a short time then became unemployed durin this time he got himself a small flat so that he could have his baby come stay with him, due to his sitiation he became more and more depressed but didnt want to go to the doctor as he didnt want depression on his record as he becsme worse he wasnt able to function and missed a couple of appointments of which he called and explained the situation but hs now been sanctioned for six months he lost his flat as the rent was no longer being paid and had to sell all his furniture just to live now with the flat the furniture and the money gone he is havin to stay with different mates but has no money for food, hair cut nothing therefor is unable to even look for work I cant belive in this day and age a human bein can lose everything through no fault of their own and then the government adds to this by stoppin any money will this not lead to more crimes as obviously no1 is goin to starve themselves its an inhumain disgrace and cannot possably be legal !!!!!!!!!!!!
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disabled on icapacity benifit age 63 had 2 spine opps ,1 knee opp ,got athritis ,and am diabetic, and have a balance problem, but dont worry the DWP and the government are going to make sure that im going to pass the next medical
and if i cant get employment before the year is up i will loose my job seekers allowance, that will be less than my incapacity [more money saved ] .how will be abled to live ,the government does not give a toss all they, cameron /clegg want to do is save money ,no money means that would have to sell my house rent a cavavan live of the money untill it runs out and then die ,probaly not discovered for 6 months or a year because of social services cutbacks .
but before that i will make sure that every vote at every level votes these scumbags out of a job !
waiting for my medical appointment oobuc5:
arnt you suposed to be fit for work for insurance purposes ?
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Thanks for posting the article…as you can see by the number of comments it appears to have touched a nerve. I want to follow this up with more, looking at how people are being affected by sanctioning.
So, again, please feel free to contact me by email, and be sure that I will be very discreet and sensitive with anyone who chooses to get in touch.
John
(john.domokos@guardian.co.uk)
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2011 CENSUS
Zealots, zealous, zeal, studium, eagerness,endeavour,affection,devotion,study.
The Zealots were founded AD 6 or 7 after the Romans ordered a census of Jewish population for taxation purposes. called the fourth school of Jewish philosophers.They were marked by their absolute insistence that no one except God be honored as ” King or Lord. ” Thus any foreign rule over Israel was rejected,and the paying of taxes to the emperor was considered to be idolatry.
The Zealots did not yield.
Rev 18:11-AND THE MERCHANTS OF THE EARTH (or world’s businessmen) SHALL WEEP AND MOURN OVER HER; FOR NO MAN BUYETH THEIR MERCHANDISE (or cargoes) ANY MORE.
Rev 18:14-AND THE FRUITS THAT THY SOUL LUSTED (or longed) AFTER ARE DEPARTED (or gone) FROM THEE, AND ALL THINGS WHICH WERE DAINTY AND GOODLY (or the luxury and flashiness, or your riches and splendor) ARE DEPARTED (or vanished) FROM THEE (or have been destroyed), AND THOU SHALT FIND THEM NO MORE AT ALL.
The destruction of Rome.
COME OUT OF ROME !!!
I sent them away from my doar,i wont fill it in wiil you ?
please feel free to contact me
harryjackson111@hotmail.com
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I’ve just received a letter from the DWP informing me that a saction for a period of three months has been imposed upon my claim for income-based JSA. The reason stated was because I didn’t apply for a particular job. I’ve been applying for lots of different employment opportunties but unfortunately I missed one job which has now impacted on my claim for JSA.
I’d been having problems with the landlord from who I was renting. This had caused me stress, nausea and fatigue. I’d explained this in detail on a form sent from the DWP but they still decided to sanction me any way. The landlord decided to sell the property and so I was forced to leave and return to my parents. I’ve only just recently moved into a property about two weeks ago and had help with buying furniture.
I’m a genuine claimant who endeavours to search for employment but because I missed an employment opportunity I’ve been punished. I will now have to apply for hardship payments a reduced rate of income-based JSA. I will appeal against the decision but I doubt that will change anything?
The real concern I now have is losing the home I’ve just recently moved into. I don’t know if I can still claim HB & CT when receiving hardship provision? If anybody can answer this question I would be grateful. I want to say to everyone don’t let the DWP stop you from living your life. I was starting to feel settled and then this DWP letter. They’re just pen pushers who feel they have a degree of power amd control over people’s lives. Fuck DWP and this cost cutting government.
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Type up a letter, short letter.Just say Please can i have the contact information of who is restricting my RIGHT to live on this Earth that GOD CREATED and ( The Devine or what the fk ever name YOU have for then CREATOR OF EVERYTHING ) put me here to live ??? And if you dont Fkn know please fk off and give my letter to ur slave master,i want to speak with him/her also.
Harryjackson111@hotmail.com
Hot debate. What do you think?
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Hidden due to low comment rating. Click here to see.
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Harry cheers for making me smile, your post (3wks ago) was brill and funny yet your comment proves how pssed off u are, likewise I am too. Keep up the gud sence of humour !!
Kris : )
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I continue to sign on with the job centre after being made redundant in the latter part of 2009.
I have always filled in my searches in the same way and they have always been accepted.
On my last visit a person saw me who I can only describe as being both abrupt and dogmatic almost to the point of insolence.
I was then bombarded with dialogue, which both confused and bewildered me. The inference was that I might well be sanction (although I was not told what that might entail) if I failed to comply with their requirements.
I enquired as to why no one had picked this up before and why was it being made such an issue now?
I was told that I signed an agreement and as I was not adhering to it correctly a note was being placed on my record and I would be expected to comply forthwith.
Even though I offered to try and comply I was still made to feel like a benefit cheat (most of us are anything but), which left a bitter taste within me. I have been working and paying my contributions for over 30 years and yet who really cares?
My point for writing is to express my anger over the way our society now treats the growing unemployed, especially the older generation.
When you get to the latter stages of your working life there appears to be no help, no obvious guidance, who really cares? You are all but forgotten and yet you still have to survive.
Thank you.
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Kevin I hope this is about to change with the announcement of employers no longer being able to force people to retire. I hope they change the concept of leaving the older age range on the scrapheap – all unemployed are in effect putting up with that, however the young people aged 18-24 are fast tracked to courses etc. and seen as a priority (6 months)… older people can find it 2 years before any assistance.
It is nothing personal but at the same time it is personal. They have targets for sanctions so they just want numbers of people to refer. Of course, this isn’t acceptable. It is personal to the extent that this adviser had chosen you because he sees yourself as an easy target.
Do you know the specific details of such note? A couple of pointers I would suggest is firstly the Jobseeker Agreement doesn’t have to be complied with perfectly (see http://www.newdealscandal.co.uk/flexiblenewdeal/2010/01/24/actively-seeking-employment-social-security-commissioner-decision/ ). Secondly, the Jobseeker’s Agreement is between you and the adviser at that moment in time (not the state) so in many cases you can appeal such claims as it has very little power in the law (the main part is one must be made and signed).
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I got sanctioned for “not applying for a suitable job oppertunity”. When i pointed out that in order to apply for this “job opprtunity” i would have to register with a agency 35 miles away in Wednesbury, which meant a 6 bus 4 train 5 hour round trip. They wrote back to me telling me i was being sanctioned because “I failed to contact the employer”. I wrote back saying i had e-mailed the agency three time’s but they never replied. They then wanted proof that i had sent the e-mails ie: When i sent them, why i sent them, and what was in them, and could i send copies of these e-mails and there contents, and if not,why not. I wrote back saying these e-mails were in December of last year and have been deleted, but the advisor who interviewed me about the “job” did. They wrote back telling me i could appeal. The problem is i don’t know what i’m appealing against.
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Re Post 23
At 63 years of age you are no longer required to be available for work and many claimants of this age would be better off on pension credit rather than JSA. Phone the pension credit application line on 0800 99 1234 (8am-8pm Monday – Friday 9am – 1pm Saturday). Have your national insurnce number ready.
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Hi all.
Good news my appeal finally arrived and after much pressure on DWP they had no choice but to apologise and back date my money to when it was actually sanctioned from.
I think they expect people to roll over like a scared dog and not take the appeals process any further, so my advise do not take their crap, fight it 110% and keep bombarding them with appeals, and keep harassing them with phone calls and letters every day till something is done about it!
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Hi Steven, yes you can still get Housing and Council Tax Benefit even if you are sanctioned. Both are based on your actual income not on any particular benefit you get. The only difference is you are entitled to it automatically if you get JSA, so its likely to stop automaticaly if your not getting JSA, so you will need to re-apply and show proof of income.
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To everyone affected or concerned by the stories of people on this site and the general cold, calculating decisions of our current government, please – NEVER VOTE CONSERVATIVE!
I have no idea how they got in at all but I think it’s clear to all – they’re evil, they’re greedy and they don’t care at all about the every day people of the UK. It is imperative that they never be given this authority again.
Of course all the popular government parties are corrupt and will not do right by the common man, but the conservatives are much more direct and effective with their screwing us over.
Damn gov.
They are supposed to work for us, not us work for them!
I think they don’t want us to realise that, though..
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The chicken has at last come home to roost, as far as our decadant capitalist society is concerned – it IS collapsing, fast. As far as the jobcentre is concerned I believe it has now become a ‘game’ to deprive the poorest in society of everything possible.
I have just been sent to the provider ‘TNG’ and have kicked off a bit of a situation by ‘ammending’ the contract I have been coerced into signing – I’m agreeing to the weekly jobsearch, even the unpaid ‘mandatory’ 4-week work placement, and all appointments and leads thrown in my direction, all in the name of shoehorning me into unpaid/lowpay work to strike off another JSA claim for the government’s spun-figures released monthly to the public.
What I WILL NOT agree to is the paragraph at the end of the ‘contract’ (Work Focussed Action Plan)that says:
I GIVE MY CONSENT FOR TNG TO GATHER OR SHARE INFORMATION WITH JOBCENTRE PLUS OR A THIRD PARTY. I AGREE TO UNDERTAKE THE ACTIONS/ACTIVITIES STATED IN THIS PLAN AND UNDERSTAND THAT FAILURE TO DO SO COULD RESULT IN LOSS OF MY JOBSEEKER’S ALLOWANCE AND NATIONAL INSURANCE CREDITS.
I’m afraid I amended the above by crossing out the part about sharing information with a third party with a note saying I require consultation regarding all such arrangements to share my personnal information with third parties, and that any of my information shared with third parties for monetary gain by TNG will result in criminal liability, (or instances were I have not been consulted). In other words I WILL NOT sign away my right to the privacy of my personnal information to a private company – I believe this is my human right.
The second ammendment I made is to cross out the part that said – AND UNDERSTAND THAT FAILURE TO DO SO COULD RESULT IN LOSS OF MY JOBSEEKER’S ALLOWANCE AND NATIONAL INSURANCE CREDITS. I WILL NOT sign away my rights to jobseeker’s allowance to a dubious ‘private company’
The provider had already signed the document when she passed it over to me to sign, I made the amendments and she became very panicky and a little aggressive – I then signed the agreement (with amendments) but then she told me to ‘please leave the building, I want you to leave the building’. I stated I had signed the agreement for work placement and weekly jobsearch and intend to comply with all given appointments. I was agin told to leave the building, to which I informed her I would go straight to the jobcentre to inform them that TNG had told me to leave the building, and was she absolutely sure she wanted me to leave. She again asked me to leave. I thanked her for her time and left for the jobcentre (with the contract signed by both them and myself).
I reported immediately to JCP and began speaking to the chap that had referred me. Very quickly another staff member approached and asked if I had just been evicted from TNG because they had just received a phone call saying I had refused to sign the contract and had become ‘aggressive’. I produced the signed contract and said I had most certainly NOT been aggressive but had ammended a few items within the contract I felt relevant to the protection of my ‘rights’. She told me it was mandatory that I attend, it is mandatory that I agree to a work placement and that the activities presented by TNG were mandatory. I stated I had agreed to ALL of the above but NOT the part about signing away my rights to protect my personnal information and NOT the part about giving my rights to JSA over to the doctrine of a ‘private company’. She accepted I had agreed to all the activities and that I had every intention of attending ALL activities presented by the provider.
I have been told to attend my next appointment for an hour’s jobsearch and that at the moment there is no talk of ‘sanctioning’ me.
I will attend my appointment on Tuesday and see if I get asked to leave again – if so I will report immediately to the jobcentre and complain that this provider who is receiving millions in taxpayer’s money is actively preventing my jobsearch.
I am making a special effort to not be aggressive, even to the point of appearing to be over-polite and maybe just a bit pathetic. I do feel that the ‘sanctions’ regime being given to these providers is being activated by the claimants signing the so-called ‘Work Focus Action Plan’so taking the responsibility from JCP and placing it in the hand of a profit-seeking third party company, that receives benefits from the government by actively sanctioning claimants. I will continue this report after my next attendance.
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TNG are amongst the worst providers. There is much competition to this so I don’t say this lightly.
TNG likes to file a FTA (Fail to Attend) against people who refuse to sign agreements. You are within your rights not to sign anything. You can amend such and I have also stuck a line through the disclaimer. Under law to claim JSA (and the sanction legislation) as soon as they notify you in writing of an appointment (activity/contact meeting etc.) you have to attend. You are under no obligation regardless what providers like TNG say to sign anything. Some people may use such that you had not signed such action plan to result in “good cause” for failure to attend. This isn’t entirely true anyway as after being delegated Employment Officer status they can serve written notice to force you to attend within 48 hours of an appointment.
Failure to sign an agreement is NEVER a FTA. You did the right thing by obtaining the Work Focused Action Plan as evidence which showed that you had not refused to sign. TNG and other providers insist to this as its the disclaimer which is relevant to abuse YOUR personal details. For example, when you are new to Flexible New Deal you are sent a letter with appointment details. This is the Jobseekers Direction (JSD). You didn’t agree to the appointment and you have no merit to refuse it (unless with good cause and cancelled in advance i.e. job interview, doctor appointment – I say cancelled as they rarely rearrange there and then. Diary Coordination Team are extremely rude and poor mannered.) They like signed Action Plans because they will use it as sanction evidence to specify that you CONSENT to the benefit sanction.
Providers and Jobcentre Plus love to make accusations of people being “aggressive”, “abusive”, “rude”, “offensive”, “violent” and “dishonest”. This is because it is highly probable that a jobseeker will see red on hearing about such false allegations. Not to the extent of being abusive or violent; but clearly pissed off enough for it to be noted. This then doesn’t look so good compared to the original allegation. You are doing well to overlook it.
I suggest you write a letter to TNG HQ (they will delegate it through to local office; but makes them aware) confirming the events. This can be sent second class. Don’t forget to mention the poor conduct of such member of staff (name the person!), who wrongly accused you of being aggressive and for failing to sign (with evidence to suggest the complete opposite). Don’t forget to add that you were rudely rejected from the premises and upon asking for reasoning why you were being asked to leave (rather reasonable I think) were subsequently accused of trespass. It is trespass because at that stage they had revoked your licence to access on their private property (which they initially granted in the form of booking you the appointment) and you had failed to leave (not refused, just they had to ask you more than once) in the first instance. Keep a copy, this could assist in any sanction appeal at a later date.
Any other concerns with TNG, please keep me updated. They are our most watched Flexible New Deal provider at current and some of their sanctions are illegitimate. There is grounds for a fraud investigation against TNG as amongst many of their business practices some of them have been regarding deliberate delays in referrals so they can employ less staff for the workload. Flexible New Deal is paid by a top heavy service fee before they have done any work and a job outcome. Unlike on New Deal the service fee isn’t linked to the participants attendance – so this money has been pocketed whilst they failed to deliver their contract.
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I know its true about not having to sign away your rights to third parties and it is also true that it does kick up a stink. Anyone taking this approach has to 100% sure of where they stand. I was going to ask about the Weekly Action Plan, you do not make it clear in your comment, but are you required to sign those, 100% certain?
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A Followup to my previous post – When I next attended TNG for jobsearch (made damn sure I signed in) I was called into the office by the member of staff who I had previously had an altercation with. Before she could say anything I said ‘I am glad you have found me, I realise you have been waiting to see me so you can apologise for your behaviour during our last meeting’. She looked stunned for a second then replied ‘actually I am not going to apologise and I feel your behaviour was out of line’. I answered that there is no way my behaviour could possibly have been out of line as I was sticking up for my rights under the data protection act and that my first impressions of this ‘company’ had not been good.
To cut a long story short I was then told that I would be presented with an ‘amended’ work action plan contract:
The original ended with the clause;
I GIVE MY CONSENT FOR TNG TO GATHER OR SHARE INFORMATION WITH JOBCENTRE PLUS OR A THIRD PARTY. I AGREE TO UNDERTAKE THE ACTIONS/ACTIVITIES STATED IN THIS PLAN AND UNDERSTAND THAT FAILURE TO DO SO COULD RESULT IN LOSS OF MY JOBSEEKER’S ALLOWANCE AND NATIONAL INSURANCE CREDITS.
After my refusal to give away to TNG my rights to my personnal information to a third party, it was changed to
I GIVE MY CONSENT FOR TNG TO GATHER OR SHARE INFORMATION WITH JOBCENTRE PLUS OR A THIRD PARTY (IN REGARDS TO A THIRD PARTY – CONSENT MUST BE GIVEN BY MR GOULDSON PRIOR TO THIS TAKING PLACE) I AGREE TO UNDERTAKE THE ACTIONS/ACTIVITIES STATED IN THIS PLAN AND UNDERSTAND THAT FAILURE TO DO SO WILL BE REFERRED TO THE DECISION MAKER AT JOBCENTRE PLUS WHERE A DECISION WILL BE MADE ABOUT MY ENTITLEMENT TO JOBSEEKERS ALLOWANCE.
I told her that I would take this contract away for consideration before signing, to which she said she would be in touch with the Jobcentre decision maker to report refusal to sign the contract.
I took the contract to show a chap working in the jobcentre (a chap who IS actually on the level (!!) and who has a reputation for helping out people at every opportunity) this chap had already said I had excellent grounds for not signing the original contract due to the Third party clause. I showed him the amended contract and he said that he had never known them change a contract before for anyone and that really, unless I wanted to face a sanction, I should sign it and return it to TNG straightaway. Which I did, although to be honest I still felt the contract was unreasonable, but hey, I had a partial victory. The TNG staff member told me there would be no referral to a decision maker upon my reurning the signed contract. SHE ALSO SAID THAT WITHOUT THAT PART OF THE CONTRACT SIGNED BY MYSELF TNG COULD NOT REFER ME TO A JOBCENTRE DECISION MAKER – in other words by signing the contract it would have given them free reign to activate a crushing sanction regime and that without my signature TNG were absolutely powerless and therefore would not want me on the premises. I was also told that I was required to send out 2 spec letters a week and attend an hours jobsearch at the centre every Tuesday.
For several weeks I did this without any problem or harrassment, then my ‘cluster headache’ condition flared up and I was signed off sick for 8 weeks by my GP, signed off JSA and opened an ESA claim – so goodbye TNG (for now) as I now no longer am required to attend. (I never was sanctioned).
I am absolutely convinced these contracts are where the problem lies – by signing them ‘as is’ you are signing your normal everyday human rights over to the provider. You must NEVER do this, your personnal information IS YOUR human right. To be honest Jobcentre plus are breaking the data protection law by referring you to a provider, which is a private company, simply by passing your personnal details over without your permission.
The likelihood is that you WILL be sanctioned for refusing to sign the contract, which is an absolute outrage and blatantly breaking the law of the land. In my case because I pointed out the ‘passing my details to a third party’ clause, they HAD to amend it. If I had refused again I would definitely have faced a sanction.
The whole aim of these providers is not to find people work – we are in the deepest depression ever in modern times and work is now rockinghorse poo – these providers are there to make a quick buck from taxpayer’s money via government contracts with an aim to backing Jobseekers into a corner they cannot get out of so as to implement a devastating sanctions regime. They know it is illegal, they know they are on borrowed time, and these providers know they are ultimately there to take the flak when the shit hits the fan (and it will) instead of the government whose hands will remain clean thanks to these nasty little companies.
I have heard that Avanta (the parent company of the TNG arm) is actually an ISRAELI company. Surely there must be a legitimate issue of being forced by a UK government into a company being run by the zionist state that frequently breaks international laws and has murdered hundreds of thousands + in illegal wars of aggression !
I recently found a site that highlights the illegality of jobcentre plus sending your personnal details to a provider without your permission;
http://www.workprogramme.org.uk/201106281557/refuse-work-programme-part-1.html
I advise all to check this out.
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Are these “customer agreements” legit or are you slitting your own throat by signing them. According to JCP a customer is expected to “complete any activities the provider tells you to”. What about signing Action Plans? Are these no similar to Jobseekers Directions? Does a customer have to sign Action Plan?
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A… WORK FOCUSED Action Plan is a Jobseeker Direction… when you sign it, you must attend the appointments and activities etc. (they can still mail you out a letter requesting you to attend an appointment though)
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You wouldn’t have been sanctioned anyway for not signing the “third party” part, not sure about the rest.
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“SHE ALSO SAID THAT WITHOUT THAT PART OF THE CONTRACT SIGNED BY MYSELF TNG COULD NOT REFER ME TO A JOBCENTRE DECISION MAKER” – what part of the contract? The provider can still report back on you to the JCP even if refuse to sign everything! Refusal to sign (any part of) the DPA form can still lead to a referral back to the JCP.
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You are spot on in your assessment of the aim of these programmes, I really feel sorry for naive people whom genuinely believe that these scum are there to help them.
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Hi,
I have just sent off my appeal letter as I have been sanctioned for 13 weeks.I have also complained about the sanction process and the suspension of Housing Benefit that comes with this quasi-legal sanction.These quasi-legal sanctions and the whole process should be challenged en masse.I read John Domoskos’s article in the Guardian which reveals that the DWP have sanction quotas for each job centre.This undermines any decision of reasonableness that the ‘Decision Maker’ makes ! They are not being objective at all , they are carrying out a pre-planned process that denies the very basis of legality that the sanction process supposedly requires – REASONABLENESS.Therefore the process is UNLAWFUL. Everyone should APPEAL– no matter the length of sanction as the judgement made by the ‘Decision Maker’is ILLEGAL.I believe that the sanction process ( i.e each persons appeal ) should be taken into a court of law and itself subjected to a test of reasonableness.I wont even go into the distress and misery that these ‘sanctions’ are causing decent people !
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Not only do Employment Officers (advisers) have sanction targets but Decision Makers also have targets (or so we believe). Unlawful Sanctions is waiting for concrete evidence on this. Decision Makers aren’t independent either. The Guardian’s revelations are only the beginning I believe. This has only come to light due to union disputes against Jobcentre Plus (such as in the call centres) and potential job losses due to cuts. By the end of the year this could develop to be a HUGE scandal.
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I’ve been sanctioned for 1 month one the grounds the jobcentre states that i refused a job oppertunity despite the fact that i did apply for this job to which i never had a response from. But i did accept offer of employment from another company to which was never advertised by the job centre but after 3 months i was laid off and had to make a claim for benefits. So i’m now forced into severe hardship because i accepted a job which was not offered by the jobcentre!!!! I’ve asked them to reconsider this then i will appeal and i’ve also written to my local MP.
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Attended a special signing interview today (it was felt, by my last adviser, that i needed more help because of the jobs he showed me last time all requiring experience I didn’t have). Was ‘compelled’ to agree to see the Disability Adviser and given a job to apply for that it turns out I can’t do (the advert was poorly written and the company’s own website says i need epxerience I don’t have for a job type I had to choose to fill out the 3 i have to pick).
As it turns out i don’t have to sign on because the 29th is a bank holiday due to the wedding. I wasn’t sure this was the case.
Unfortunately however I felt I had to agree to see the Disability Adviser. I didn’t want to do this, but what can you say during these interviews? You have to participate. So now I have to sit and wait for a phone call that could happen anytime (even as I type this). This is exactly the sort of thing that exacerbates my anxiety problems. I don’t want this appointment and I only agreed because I was told that the DA might be able to take over my regular signing and do it that way. What I don’t want is for her to ring up and drag me in (threatening sanctions of course if i don’t comply) any old time. I really need this next 4 weeks to be Jobcentre free, I’m sure people won’t understand this, but I could use a break from having to worry about what’s going to happen if I don’t do what they want. I don’t think there was any formality to this, it was suggested that seeing this person would be a ‘good idea’ so no official Jobseeker Direction aspect to it. But you can never tell with these people, that’s the problem. It’s that uncertainty that’s the problem and I really don’t want an argument with someone over the phone because they won’t let me do things my way (which isn’t the same as completely refusing to participate either).
Now I have to stress out waiting for a phone call that could happen anytime!
I know this isn’t as important as some people’s issues but i’d like to know what options I have. Can i refuse this? Can I insist on doing things by my terms or what?
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I’m in receipt of JSA and two weeks ago,at around 1.40pm, I suddenly remembered that I had to sign on that day. I checked my appointment card and discovered that I should have signed on at 1.25pm. I immediately phoned the jobcentre and apologised and said that I would go in asap.They said that there were no appointments available and that I could sign on the following morning.(There was no mention of sanctions) When I got there,I had to make a statement about why I hadn’t signed the previous day and was warned that my JSA could be stopped.
I heard today that they HAVE stopped my benefit for 6 days because ‘we have decided that you did not attend an interview with an Employment Service Advisor on the date specified and did not have sufficiently good reason for doing so’.
I am married and have two dependant children under seven relying on that money. They have imposed this sanction for the heinous crime of being late. As I said earlier,THEY refused to let me sign on that day (albeit slightly later)and THEY told me to go in the following day and then stop my money because I didn’t arrive at the right time.
Surely, this cannot be lawful, can it?
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I would appeal this decision – don’t give them fuel to add to the fire – and I could be wrong but to my understanding is that being late and/or missing your appointment date is either 1 week or 2 week sanction. A week is 7 days (including under benefit legislation) not 6 days.
In order for a one week sanction for being late you must have been warned prior for the same “offence”. If this is not the case, then you must raise this with them.
Hopefully they will pay the 6 days benefit to you. Don’t forget to reiterate that you had not failed to attend the same day, but was late – and that the Jobcentre Plus office claimed they had no available slots so refused to see you and therefore you were advised to come the next day to sign on. If they direct you (written or verbal) to attend an alternative day, then it isn’t you who is liable for missing that specific day.
I am not sure (too lazy to check the Regs) what legislation they used prior to the “The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010″ legislation to apply benefit sanctions for failing to attend on the same day (I am not sure there was one for being late but was normally the case of refusing to sign the person on afterwards, thus forcing them to miss the signing on day) but it used to be between 1 and 2 days.
If provision in law allows them to still decide of sanctioning you for a “crime” of not being Available for Work (for FTA); although there is specific Regs set out for FTA and lateness; it would seem their decision was totally wrong to use the “legacy” system over the new one. I would argue that the reason they chose 6 days instead of 7 days was they felt bad giving you the whole week sanction and tried to bargain with you. This suggests to me by my logic (obviously JCP doesn’t have anything close to logic) that you have a good chance of appealing the sanction.
I hope the statement you had to fill in contained you acknowledging about being refused to sign on the same day and being requested to go the next day?
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I went to the Jobcentre today for a meeting to “reconsider” my sanction. I thought I might be getting somewhere but, believe it or not, the girl just gave me a blank sheet of paper and told me to write down exactly why I don’t agree with their decision and post it back to her(just adding insult to injury).A 25 mile round trip,car park fee and £5 of petrol for nothing. She could have told me to do that over the phone!!!!
However, she admitted that they DO have a referals quota and certain targets have to be met. Not any old referals ,mind you, but “quality” referals. I asked if she considered being late by an hour or two was a quality referal that warranted a JSA sanction (especially with young children involved) and she said “no comment”.
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P A R E N T S R I G H T S T O B E P A R E N T S !!!
Thats all I can express for you guys right now, its not fair and its not right!! ha to Mr Cammeron.
I cannot write fast enough I’m that annoyed with the new rules of parlament, I can honestly say I am a completely different individual compared to what I was 12 months ago, why?.. The government bully me ( many others too).
Ive seen many sites with same views, complaints, cries for help all due to one little change the new government decided on : “if you can work, you will work”. Plans to scrap I.S. became successful and now its everyone un-employed are based on JSA, Job Seekers Allowance.
Okay, thats no problem, I’m not disabled or under 16 or over aged (retired, etc..) but what I am is A MOTHER WITH CHILDREN WHO WILL NOT LEAVE THEM HOME ALONE FOR HOURS ON END WHILST I WORK ! Oh I see the new PM has not responded well to this concern and his or their terms of law now state that a child as young as seven can be left at home whilst the parent goes out to work, the consequencies are sanctioning the parent that refuses job proposals, interviews etc.. well I call that discrimination and unfair rights of parenthood. Whos with me on this?
My story..
I have a young child – twelve, I am now on JSA, I have to be actively seeking work, to me means work that fits around school holidays, after school. With no support locally in regards to childminders, I have limited standards to actively seek work as I am not prepared to put my child in a state of soul responsibility due to my absence, so I am constantley searching for help and getting nowhere.
I have researched childminding groups, researched work and family friendly groups, even non paid work, still left with the same old statement from the job centre – “theres nothing they can do, its what the government say, you have no options, you seek work and accept your child has to be left at home or you will get sanctioned”.
I want to laugh and cry at the same time, laugh because I know this will one day become a big headline in the news when us parents form as one army protesting our arses off about the crap and hardship the government cause, cry because I still have to plod on hoping to find something suitable for me and my child so we’re both happy and safe, I couldnt do any job properly anyway if I was worried sick about my child being home alone at such a young age, therefore the job I was initially forced into wouldnt last anyway because I would get sacked for worrying too much, therefore, Its a waste of time using parents to work if parents cannot work comfortably and easy minded. What next? The new government want to abolish all benefits even if you are incapable of working, lol, what happens then? I can imagine a poor unfortunate person thats got bad injuries (for example) but has to be actively seeking full time employment, also whilst that persons two young children fend for theirselves home alone through force of government rules remember – “if you can work, you will work”.
What do you say to your child before leaving for work? “Dont touch the oven, dont answer the door to strangers, run if theres a fire”, it makes me feel sick the thought of having to say any of that in any case, but would have to be said if any of us get forced into some full time job or we’ll be SANCTIONED! omg.
I want to say sod the lot!! stick ya job seek stuff where sun wont shine!! but then my rights to allowance stop, then I can either work or not, hmmm back to square 1, in other words it would be the same as being sanctioned anyway. so the verdict stands as: work or you suffer.
Great politics make sad lives, I want to start a campaigne, I will if I get enough responce, I need 100 signatures to start and over 150 emails to post to get the ball rolling, so I’m told by my local MP, it would be the hardest battle to face and probably most of us would see our children grow up and leave home by the time we even got any kind of positive responce from parlament but for all those new parents out there that have all this coming their way anytime soon, its worth the fight, for their sake if not ours.
mail me ‘FIGHT’ if you think its right. kristaheatley@yahoo.com
Thank you
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Hi kris,
I understand exactly how you feel, like you I am NOT unemployed I am a hard working full time mother of three. But first of all, whatever the jobcentre has told you, YOU ARE PERFECTLY WITHIN YOUR RIGHTS TO TURN DOWN A JOB OFFER IF SUITABLE AFFORDABLE CHILDCARE IS NOT AVAILABLE. WITHOUT BEING SANCTIONED. If you are a single parent you can also restrict the hours you can work to a maximum of 16 hours a week. As far as I know you can also insist on 7 days notice for an interview and 28 days notice to start work.
At present once your youngest child is 7 you are expected to be available for work. This rule is due to change shortly so that you have to be available for work once your yourgest child is 5. The government also plans to get parents attending work focused interviews etc once there youngest child is TWELVE MONTHS OLD.
I know there are lots of mums who work and lots who want to go out to work, especially whilst their children are at school and of course there should be help and support for this, but people should at least have some sort of choice over the work they do, but there is no longer a choice at all. I feel that parents should have a right to be “available for their children” and not forced to be “available for work.”
Apart from anything else if i went out to work the government would pay more in childcare costs than I currently get in JSA whilst i look after my own children, and thats on top of the working tax credits I’d then get. My JSA adviser said: “we just need to find you a littlle part time job to get you of benefits and onto working tax credits.” Yet Thats just replacing one benefit with another, and costs the government more money.
The government also say “we need to get you into work to raise your self esteem” Yet oddly enough raising, educating, and caring for 3 children including one seriously ill and disabled, has done nothing to erase my “self esteem”. And I dont think flipping burgers for 6 quid an hour and getting tax credits and childcare paid for will make it any higher. It will certainly not improve the wellbeing of my family.
You are right about the bullying too, no wonder you are feeling so angry and begining to panick, thats what bullying does to people. So Know your rights and dont be manipulated. Stick to the rules. Look for work, Appy for jobs etc etc. I know its frustrating (the job centre have given me so many jobs to appy for that I know I dont stand a chance of getting due to lack of experience, caring responsibilities etc. its just a waste of everyones time including the employer who now has to sift throuth scores of job applications from people who have no interest in the job or even the neccessarry skills to do it but are applying simply to avoid being sanctioned.)
I know you want your daughter to be able to be with her family outside school hours rather than home alone, or in after school club/ saturday club/ holliday club etc. If your child is under 13 you can say you are really looking for work within school hours but you cant turn down a job offer on the grounds that it entails working outside of school hours, but as I say you can turn down a job if theres no suitable affordable childcare available. I attended a job interview recently, and had to take my 10 year old daughter with me, and explained my concerns about childcare etc. to the interviewer.
As for a campaign. I know there was one just before the labour party brought in these new rules to scrap income support etc. but clearly it was unsuccessfull though I do belive the 16 hour work limit came as a result of the campaign. so it did some good. So whilst your sticking to the rules and forcing yourself to smile sweetly at the job center adviser you can still go ahead and launch a campaign. and of course you can still explore more realistic work options that would suit your family, maybe self- employment, childminding, a little job during school hours even if its just for a few hours,etc.
You are right in what you say about sick and disabled people too. I know of someone with a medical certificate declaring them unfit for work. It is no longer doctors who decide such things, its job centre staff. (the independant assessment might be conducted by a medical proffessional but the assessment is focused arround specific quiestions and it is JOB CENTRE STAFF who look at the answers and make the decisions.) If you can walk, talk, raise your arms, and dont scare people on the street then your fit for work. Good luck with the campaign.
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Mother of three are u, Ryan?
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