Sanction Confusion

[orerb]

Today I received a letter informing me that

 

"We cannot pay you Jobseekers' Allowance from 1 Match 2014.

 

[...] from 1 March 2014 to 14 March 2014 you were not and could not be treated as actively seeking work.

 

As a result of this decision your benefit may be sanctioned if you reclaim Jobseekers Allowance."

 

I understand why the decision was made. However, some things are not clear to me:

 

1) What is the length of the sanction?

2) Why do I need to reclaim?

[Sparks_]

They are saying they have stopped your claim for JSA so either you are working and dont need it, applied for ESA as too ill to work or look for work or you need to reapply for JSA or even more chance they have messed up your claim!

[Chester6]

The length depends on if you've been sanctioned previously

 

Reclaim if you got a temp job and had to sign on again, the condemns have done it so a sanction will start/ continue when you sign back on

[Beatrice Bee]

To me it looks like that OP have been judged by his/her JCP advisers as not having done enough to find work during the 1-14 March 2014 period hence the sanction for not actively seeking work.

 

In writing ASAP ask for a detailed explanation of their decision. Your ref No is your NINO and the date on the decision letter.

 

Within 30 days of the date of the disallowance letter, you have to ask them to reconsider their decision and provide evidence and explanation, eg print outs of job application confirmation emails covering the period 1-14 March 2014.

 

The law says you have to take [at least] 3 steps each week to find a job. The Jobseeker's Agreement has no real legal status so it is just guidelines: the number of steps per week in it is not legally binding [says a lawyer on rights.org.uk].

 

I've seen a very good case law that you can refer to and attach to your appeal. It shows that if you take three steps per week which gives you the best prospects of finding employment, then taking those three steps per week is enough to cover you as "actively seeking employment".

 

Eg you apply for 3 jobs that you are qualified for and got experience in. If you just apply for any job, it won't count as an adequate step, as you will know. JCP advisers may want to sanction you if you do not do the number of weekly steps and actions agreed in your Jobseeker's Agreement but there are wrong [attached case law to print out] because three adequate steps per week is enough. Case law says you do not have to do everything listed in the agreement.

 

Advisers won't know case law so why not help them and ask your JCP manager in writing to forward a copy for them to read? It would save thousands from unfair sanctions. Read it to believe it.

 

Sanctioned claimants can only appeal after they received the mandatory reconsideration notification letter from the DWP.

 

CJSA/1814/2007: Mr Commissioner Williams is our saviour. Thank you!

 

Not actively seeking employment is the most frequently used reason for sanctions so make sure you read above case law to save yourself from such future accusations and atrocities.