Advice regarding this case

[05w1n]

NameThis is my case so far:

 

Jobcentre DWP Accusations, Claimant’s Defence and Claimants Evidence (this was in a table but the format changed here):

 

14/08/2014 - Failure to attend interview/signing. Claim was closed. I notified the Jobcentre that I had a job interview they will tell my adviser. Was assured it would be sorted after a Rapid Reclaim on recording. Company and person I went to for the interview. Email, Phone call record.

Claimant is working. Very low payment put through. Amount changed many times. I supplied payslips and was on a wage top up. Was assured it would be sorted on recording. Wrong calculation/averaging on payslips recorded evidence of adviser admitting this. I signed 4 statements and provided the evidence asked to show I was not working. Bank statements, P45.

Claimant is working. No payments put through. New Claim. I signed statements and provided all details they asked to show I am no longer working several times to many members of staff. Was assured it would be sorted on recording. Wrong calculation/averaging on payslips recorded evidence of adviser admitting this. I signed 4 statements and provided the evidence asked to show I was not working. Bank statements, P45.

Claimant is working. No payments put through. New Claim. I signed statements and provided all details they asked to show I am no longer working several times to many members of staff. Was assured it would be sorted on recording. I signed 4 statements and provided the evidence asked to show I was not working. Bank statements, P45.

Claimant is working. No payments put through. New Claim. I signed statements and provided all details they asked to show I am no longer working several times to many members of staff. Was assured it would be sorted on recording. I signed 4 statements and provided the evidence asked to show I was not working. Bank statements, P45.

Claimant is working. No payments put through. New Claim. I signed statements and provided all details they asked to show I am no longer working several times to many members of staff. Was assured it would be sorted on recording. I signed 4 statements and provided the evidence asked to show I was not working. Bank statements, P45.

Claimant is working. No payments put through. Not entitled to bus fares. Failure to attend Community Service. New Claim. I signed statements and provided all details they asked to show I am no longer working several times to many members of staff. Was assured it would be sorted on recording. I asked for the bus fare for the interview during the interview the XXXXX said she will not give me the bus fair, although she had done previously. She did not give a reason why. I than asked for the bus fair to get to the Community Service interview that was two hours away, they did not let me have any bus fare or travel card. I had no JSA payment and no transport allowance there was no way for me to attend interview. I signed 4 statements and provided the evidence asked to show I was not working. Bank statements, P45. Bus receipt, audio recording of XXXXX refusing to provide bus fair. Recording of XXXXX being informed no JSA payment had been received. Emails informing XXXXX I have not had JSA payment put through and require £6.30 bus fare.

 

 

 

Other cases of misconduct towards the claimant:

 

Non receipt of benefits during payslip dispute. According to Part 10, Section 2, (1) I should be receiving my JSA as usual despite any dispute of payslips.

''Sums to be disregarded in the calculation of earnings''

''2. (1) In the case of a claimant to whom this paragraph applies, any earnings (other than items to which paragraph 1(2) applies) which relate to employment which ceased before the first day of entitlement to a jobseeker’s allowance whether or not that employment has been terminated.''

Non supply of clothing allowance

Non supply of travel card.

Preventing me from seeing my terminally ill Father that was in William Harvey Hospital.

Continued harassment despite my asking to resolve issues. The stress of my fathers illness, my mothers care needs and the constant harassment by the DWP became unbearable.

Non adherent to Job Centre Regulations 16, ©, (ii). Circumstances in which requirements must not be imposed – My Fathers Illness and passing away.

I was told I must attend interviews or my money will be stopped several times, this is false information which leaves me feeling very distressed.

I was told incorrectly by XXXXX that there are never Managers in the building.

Interviews on 06/11/14 with the Floor Manager and Advisor I left feeling humiliated and deeply distressed.

Avoiding communication with me.

Withholding information.

Non adherent to Job Centre Regulations Part 2, Section 16, 4b.

Not processing two appeals sent to two offices.

In my opinion, bullying behaviour

Unlawful financial penalties (“disallowances” and “sanctions”)

Unnecessary delays in addressing complaints or appeals

In my opinion, blatant lies, manipulation and incompetence when corresponding with me and Councillor XXXXX.

Breaching your own deadlines on dealing with a complaint.

Non adherent to Job Centre Regulations 16, ©, (ii). Circumstances in which requirements must not be imposed – My Grandmothers terminal Illness and battle with cancer.

 

 

 

I have 5 years of documents, audio, video, emails, phone call records and 2 Subject Access'. It would be a lot easier for me and my representative to bring along the relevant documents and show them to someone.

 

I have spoken to two managers and they both refused to see any evidence I had. The citizen advice bureau don't know what to do they did not understand basic terminology or practice. My MP took my details but ceased communication. Councillor XXXXX did attend an interview with me and a Job Centre manager but ceased communication after that. I suspect she was using it as her own training and to win votes. The Police online crime report did not respond to my email. My JSA adviser XXXXX ceased communication. The Job Centre say they did not receive my appeals.

 

I have sent an email to the Independent Case Examiner and waiting for response.

 

I would like to speak to someone that is high up enough in the company to resolve these issues. Is this possible?

Edited March 19, 2015 by **Margaret**
Names and unproven allegations.

[Bazooka Boo]

Have you gone through their complaints procedure?

 

The maladministration complaints process is deliberately lethargic and tedious.

 

Have you been able to make a complaint to the Director General?

If you have had a response from the DG, and it is not in your favour, then you can escalate it to the ICE.

[**Margaret**]

:05w1n:

 

Errm...... I can sort of see why neither Citizens Advice nor your councillor have got very far with this. It's very difficult to read, let alone understand, the partly repetitive wall of text.

 

Any chance of a timeline of bullet points? With some white space between them.

 

Thanx, Margaret.

[Lapsed Workaholic]

Hello 05w1n and welcome to CAG.

Sorry to learn of your situation regarding your parents and grandparents and hard as it is for you I'm afraid the DWP do not consider such personal circumstances as a rule.

As for the case you describe, it may help to understand it if you could do as Margaret suggests and present the stages of your case in a way that would be easier to follow, possibly with dates.

You say that on 14/08/2014 you failed to attend your signing on interview and that was the reason why your claim was closed.

How long before 14/08/2014 were you informed of the date and time of the job interview? Did you realise that it would clash with your signing on date and time?

You say that you notified the Jobcentre that you had a job interview. Was that done on the day that you were notified of the job interview time and date, or on the same day that you were expected to sign on?

Were you not informed that despite that job interview you were still required to sign on on the allotted day and that you would need to change time, if not the date, of one or the other in order that both appointments would not clash? Or was any advice given too late to act upon?

Did you actually get the job that you were interviewed for, if so, how long did the job last?

How soon after your claim was closed did you make a Rapid Reclaim? Was this done on the appropriate forms?

If you could clarify those points first then it may be easier to figure out what happened next and how to proceed.

[05w1n]

Yeah I got the job. And I went on a wage top up because it was low payed cleaning. But they never sent any money through after that. They said there was a payslip averaging problem and assured me it will be sorted out. Than the job ended because it was seasonal. After that they have insisted I am still working. I have signed 4 statements, supplied the proof they asked and told them 6 times I am not working.

 

What do you mean by rule? Do the JSA regulations and legal acts have any meaning at all?

[Bazooka Boo]

How far in to the complaints procedure are you?

[Lapsed Workaholic]

Yeah I got the job. And I went on a wage top up because it was low payed cleaning. But they never sent any money through after that. They said there was a payslip averaging problem and assured me it will be sorted out. Than the job ended because it was seasonal. After that they have insisted I am still working. I have signed 4 statements, supplied the proof they asked and told them 6 times I am not working.

 

What do you mean by rule? Do the JSA regulations and legal acts have any meaning at all?

There are several issues involved in your case. As you have presented it those issues are all mixed in together with no clear timeline or indicators as to how one issue follows on from the other, or whether, indeed, one is a direct consequence of the other. Who did what, when, why, and with what consequences?

The first issue to address is the fact that your claim was closed in the first place. I take it that you mean your Jobseeker's Allowance. You have stated that the reason for your claim being stopped was a failure to attend at your signing on appointment. I have sought clarification in my first set of questions on this specific issue. You have chosen not to respond directly to those questions and it is going to be difficult, if not impossible, to come to any conclusion, or to offer advice without the answers.

The JSA Regulations and the laws that you rightly call in aid to support your position clearly set out the consequences of unilaterally failing to attend a signing on appointment or to sign on. Unless you can point to a specific regulation or law that suggests otherwise, the consequences of the failure here identified is the immediate termination of the claim for benefit, no ifs, no buts. Should any ifs or buts subsequently materialise then they may be considered in accordance with due process, usually reconsideration of the initial decision. This is basically what I meant by using the term '..as a rule'.

I hope that you can appreciate that in order to use the regulations and laws that you speak of to your advantage it is vital that an argument based on those regulations and laws and their reasonable application in your case be put. That can't be done without reference to, and objective consideration of, the facts.