Sanctioned

[designman]

I was recently sanctioned for missing an Advisor Interview, I appealed against this decision because I knew nothing of this appointment, I had been given no notice at any of my previous meetings prior the date or given any paper work acknowledging this meeting when I last attended my signing on, or receiving anything through the post - But the Jobcentre had a record of posting a letter out to me which I never received!

 

I explained in my appeal that recently we have had problems with our post either not turning up or going missing, and that we have taken this matter up with Royal Mail.

 

I also mentioned that the Jobcentre has access to my Mobile Number, Email Address and also my Universal Jobmatch Account, so why is it not possible that they can not let clients know via this method instead of the useless Royal Mail method..... Or if it’s something important which it was, have the document recorded or signed for??

 

So my appointment was rescheduled with my advisor, during the interview she mentioned that she generally does not like to post Interview Letters out, and normally try to give the clients their Interview letters when it’s their Signing On day, by this method proving that the client has received the letter.

 

I attended my signing on day as normal a few days ago and found that my appeal had been rejected, so basically I'm still sanctioned for 4 weeks.

 

Is there anything else I can do towards my appeal?

I feel that I have been unfairly treated and should not be Sanctioned!

[antone]

When you wrote to them, did you state that you wished to "appeal"? I ask because it sounds like the DWP has carried out an internal reconsideration of the decision and upheld the sanction. That's not quite the same as an appeal. You may still have the right to appeal to an independent tribunal if you haven't done so already.

 

Whether that's worth the hassle or not is up to you, but it is your right.

[designman]

When I first found out I had been sanctioned, I asked the Jobcentre what steps I needed to take to appeal against the sanction, and one of the advisors gave me a Reconsideration Form, and said to fill out as much information as possible stating why I should not be sanctioned.

I thought the Reconsideration Form was an Appeal.

[antone]

When I first found out I had been sanctioned, I asked the Jobcentre what steps I needed to take to appeal against the sanction, and one of the advisors gave me a Reconsideration Form, and said to fill out as much information as possible stating why I should not be sanctioned.

I thought the Reconsideration Form was an Appeal.

 

A reconsideration (recon) is not the same as an appeal. If you request a recon, the matter will be looked at again by a DWP Decision Maker to see if they made a blatant error.

 

An appeal is handled by an independent tribunal and you would be given an opportunity to present your case in person if you wished. Ask for form GL24 at your Jobcentre, or you can write to the Benefit Delivery Centre that pays your claim (not the actual Jobcentre) to make your appeal. If you write, make sure you use the word "appeal", state the decision you are appealing, explain the basic reasons for your appeal, and sign the letter.

[jasta11]

Was your sanction - whether deserved or not - done in accordance with the rules? ie did you get notification by letter along with details of how to appeal, etc. Then you should get a letter telling you when the sanction will come into force and the start/end dates.

 

If you've only heard verbally from the Jobcentre that you're being sanctioned then this is not how it is done (though they do it a lot, judging by what I've read on these forums). There are very clear rules and procedures for applying a sanction; I was once sanctioned for missing a meeting too but as they failed to inform me by writing or give me a chance to state my side of the story, I raised hell over it and the sanction was dropped.

[designman]

Firstly it was told to me verbally as I was attending my Advisor meeting at the time and she checked on my file to see if a decision had been made yet. Then a few days later I received a letter stating that I can not be paid Jobseekers Allowance from 30th april 2013.

The letter states "that I failed to attend this interview & that you did not have sufficiently good reasons for doing so".

 

During the meeting with my Advisor she told me I should fill in a Reconsideration Form, and fill out as much information as possible stating why I should not be sanctioned, which I did, and found out on Monday that the sanction was still in place, the decision had not been dropped.

 

So now I await a letter coming from the Jobcentre giving me the reasons as to why it was not dropped…..

[jasta11]

If I'm reading it right, you say you were first sanctioned then you made an appeal? You should have been able to state your side before any sanction was applied - this is how the Decision Maker can make the decision, based on your response. You must be given the chance to state your side before any decision is made.

 

The reconsideration form is for later, when they've read your initial reply but have decided the sanction will go ahead anyway

 

The first letter from them should be 'A doubt has been raised, etc' stating what they think you've done wrong and asking for your side of it. (if you decline to give your side then obviously they'll just sanction you). Only after they've received your reply will it be considered by the Decision Maker. If they impose the sanction, they'll write and tell you, giving the start and end dates of the sanction period. They also give a couple of weeks grace so you can prepare for the loss of money, they don't just instantly cut off your money.

 

If they've just sanctioned you first, without ever having asked you for your side of things then it's against procedure and the sanction can't be put into effect.

[designman]

Here is what happened - I went to my Signing On Day which was 29th April and found that I had missed a meeting with my Personal Advisor, so during my signing on the advisor said because I had missed an Interview with my Personal Advisor my claim had to go to a Decision Maker, so she wrote down on the computer why I had missed the Interview, and sent it to the people who make the decisions.

During this time my appointment was rescheduled with my Personal Advisor for Tuesday 30th April. When I attended my Interview on the Tuesday, my Personal Advisor checked my file to see if a decision had been made yet, and less than 24hrs had gone by and I had been Sanctioned!!

[flumps1976]

You had DART action taken to take your reasons why you missed the appointment, a decision was made that a sanction is appropriate, you have received the notification letter from the benefit centre and have the subsequently requested a reconsideration which has not been revised/changed.

You my be able to claim for hardship allowance on form JSA/ESA10JP which you get ask for at the JCP and you may wish to request an appeal of the decision and you can also get this form GL24DWP from your JCP too.

 

The DART referral are sent electronically now and decisions are made much faster on average within 48 hours of the referral being sent