Punished for finding a job and signing off JSA

[ekim3951]

After seven months on JSA I managed to secure myself a job and sign of JSA but DWP are refusing to pay final entitlements on the grounds“you did not attend to sign your declaration” “If you do not attend this officewhen you are meant to we cannot pay you Jobseeker’s Allowance.”

 

Sequence of events:-

 

18/01/2012 signed on at jobcentre as usual:

 

20/01/2012 entitlement paid into bank account as usual:

 

24/01/2012 received phone call from prospective employer (could I attended job interviewon 25/01/2012):

 

25/01/2012 attended interview:

 

27/01/2012 received phone call from prospective employer (could I start work on 30/01/2012):

 

30/01/2012 started work:

 

01/02/2012 didn’t attend jobcentre to attend interview and sign on because I was at work. Receivedphone call from jobcentre saying I had missed my interview; explained I hadstarted work and was sending in my signing on card with all details:

 

03/02/2012 no payment from jobcentre into bank account (as expected):

 

14/02/2012 received letter dated 10/02/2012from jobcentre containing my P45 plus letter stating (We have looked at yourclaim again following a recent change. We cannot pay your allowance from the 19/01/2012. This is because: you didnot attend to sign your declaration. If you do not attend this office when youare meant to we cannot pay you Jobseeker’s Allowance.”

 

17/02/2012 believing I was entitled to allowances from the 19/01/2012 to 30/01/2012inclusive I sent letter appealing against decision:

 

08/03/2012 received letter dated 06/03/2012 stating they hadlooked again at their decision and where upholding their original decision andmy appeal would be sent to an independent appeal tribunal and they would writeagain shortly with more information:

 

21/03/2012 contacted CAB for advice; was told by adviser that the CAB was absolutelysnowed under with similar complaints of benefits being stopped for the mosttrivial of excuses.

 

CAB is willing to help but I must wait until DWP write againwith further information.

 

WHAT’S going on?

[feelingsad]

Yes I would have popped in with my card the working day before I started work to complete the necessary paperwork

[speedfreek]

Some people on here lol

 

For the majority of us the more important fact would be starting work rather than notifying the DWP the second it happened.

 

Hopefully one of the DWP folks can advise on notification rules. As this as it sounds like complete bull**** by a DM to me.

 

Looks like a very bad decision & a cynical way of avoiding the 4 week run on payments the OP should have qualified for after 6 months!

 

On that note if you are claiming any other benefits especially HB/LHA/CT notify them and request the run on payments as a matter of priority.

 

Hopefully the CAB can sort this out, maybe consider a complaint to the DWP and getting your MP involved?

 

As stopping/penalising your benefits because you've got a job is beyond ludicrous!

[citizenB]

Well it does clearly state on all forms and gives phone number to say you contact them when found job.

You could of gone in the day you got offered job to tell them !!

 

So I can see why appeal upheld

 

27th was a Friday.. so depending on when the OP received call.. no doubt at the end of the day.. it would mean that he/she was unable to get into the centre to advise of the job offer.

 

IMHO, this decision by the JSA is petty, and beaurocratic.

 

I hope CAB are able to help the OP obtain what is due.

[Lilly_Monroe]

When I came off JSA onto working tax credits (tried to work for myself) they just told me to fill the dates in on the back of said form, and send it back to them.

This I did - and they were fine with it - no problems with not paying final settlement.

 

Perhaps it is down to different attitudes within the departments.

 

Lilly.

[flumps1976]

There are two ways to end the claim, firstly is to complete and return the completed es40 signign card, but this must be received in the office (date stamped) wihin 5 working days of starting work or by telephoning the dedicated claim closure team within your local area and you should have been given the telephone number for that during the claim you held.

If you did send in your completed and signed ES40 card and it was not received within the 5 working days of starting work then no matter how ridiculous it may seem the decision is in fact correct.

The only thing that was available to you was to write the letter to the JSA team for consideration of paying what you believe to be outstanding money of JSA which you have done and the decision has been made about this.

You can make enquiries to the team about the date that your ES40 card was received in the office if was received late then the decision will stand if it was received within the 5 working days then the decision should be referred throught the HOTT system to request the payment be sent to you and for the DWP to then consdier any payment of job grant and related run on payment s with Housing costs.

 

I have to say that in our office if a card is received on the 6th working day the claim is still closed correctly but we contact the customer to advise of this and then advise of the options that are available to them

It is down the the senior management being rapped across the knuckles that we are not allowed to use our discretion :o

[ekim3951]

ES40 card completed, signed and posted 02/01/2012.

DWP are clearly stating refusal to pay final entitlements on the grounds “you did not attend to sign your declaration” “If you do not attend this office when you are meant to we cannot pay you Jobseeker’s Allowance.” There is no reference to this 5 day rule. It would be interesting to see the law supporting this 5day rule.