JCP Staff Guidlines Ignored - Misleading Benefit Claimants

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Dear Department for Work and Pensions,

Could you please explain as to how Job Centre Plus, who after taking less then 2 minutes viewing someone's Jobseekers Job-search log for a 2 week period without taking into consideration the individuals circumstances, such as financial commitments IE utility bills etc, can actually come to a firm decision (backed by a JCP Manager) to which benefits can be suspended immediately if they decide that an individual has not taken adequate steps to secure employment given the fact the individual had just finished a 2 year work programme contract, where not only was a 4 week work trial not made available over that 2 year period, but there has not (according the JCP) been any instances where a 3 month spell from late October 2012 to January 2013 where benefit had been unpaid due to failing to be seen as actively seeking work, did not include any doubts raised by the Work Programme Provider themselves, but all purely through JCP.

I then received a letter informing me of the unofficial decision to suspend benefits which came attached with a plain print out stating that if my benefits were disallowed, I should contact my local JCP who were responsible for suspending the payments, and to do so in person (not be recorded post or sent to the benefits delivery centre) where what used to be called a "Rapid Reclaim" form would soon put me back on track should my benefits be officially sanctioned.

As this would be a 2nd similar case that i faced in late 2012, where I was dubious about filling in this rapid reclaim form) I was half expecting a letter to be sent be sent upholding the original decision to have benefits suspended.

However, I was actually informed that I had been paid £110 which went directly into my bank account (although later than usual). Now forgive me if I'm wrong, but as benefits are paid in arrears, then the £110 paid in was either Hardship allowance, in which for the first time I can remember, never gets paid automatically, or had done over the 3 months where I had been left to go without income all because I had "Failed to Apply For Work". Again, as this is a case I was familiar with, and had recently made an F.O.I request about at the time it had occurred, to which the DWP specifically state that a Jobseeker does not necessarily have to apply for a job vacancy in the event that no suitable job vacancies were available at that time, would itself be a sanction-able offense, if it was deemed that the Jobseeker did everything possible that they could of done, given their current circumstances (Length of Unemployment) which may make it harder for these individuals meet certain criteria. When I challenged JCP Staff (and Manager) about this the other week, and asked for them to stamp my job search so that I could keep it as evidence to provide the DWP in that JCP were refusing point blank to admit they were 100% correct in making the decision to suspend my benefits, I then decided not to waste time filling in a Re-consideration form, purely to allow them to use whatever evidence I do have about the Staff Guidelines, Policies & Procedures in order then decided whether or not I had sufficient enough cause to hold people responsible for not only delaying a benefit without good cause, as well as send a decision that appears to be awarded in my favor (without giving a reason) other then the a payment of £30+ for mortgage interest support would not be paid directly to the lender, and it was my responsibility to arrange this payment myself!!

Now it seems that by doing it that was, it affects my rights to appeal against the decision to have money stopped from an ISMI payment, although the original suspension of payment was to do with JSA benefits.

This letter goes on to say if I require any further information as to what the payment was for, then I should contact the job centre responsible for making these decisions and expect to get nothing but a full truthful explanation as to how they came to the decision in which they did.

As you may appreciate, for someone who was put through the stress and hassle over a 3 month period where it appears that the only 1 of 5/6 payments that should of been made, was actually an appeal that was reversed and awarded in my favor where evidence provided was was very detailed and extensive to the point of audio recordings being offered, but not required by the impartial decision maker, then if it had not of been for the amount of paperwork I had received in benefit decisions to start and stop benefits over a 3 month period, along with only just clearing a backdate council tax late payment reminder notification due to all the hassle and the inability of JCP staff to at least have the decency to inform the local council that I was still claiming JSA, just not being paid it, then that would of been one less stressful task to have to deal with to at least stand a chance of appealing against decisions I feel and still have the paperwork for, to suggest that it was nothing more then JCP abusing the powers they have as and when they see fit, to an extent where it's not officially recorded by the DWP. The reason I would say this is because by now I would be on a 3 year benefit suspension if half of the sanctions I received from JCP were genuine, and seeing how this recent decision contradicts how the last decision for a "Similar Offense" then it would be quite interesting to see how much information was wiped off the system last time after I was mislead in to making "A Fresh Claim" for job seekers allowance using Rapid Reclaim forms when I eventually clicked on to what was happening.

When a Personal Adviser is grilled to the point in which they basically tell you to apply for jobs that are not there to apply for in order to avoid such hassle again, as well as having 3 different Work Programme Advisers after 1 of them left due to stress and depression, to which I had been diagnosed with by both my DR and the NHS and was only found fit to return to JSA from Incapacity Benefit after a DWP in house doctor marked me fully fit for work because I could actually raise somewhat of a smile, then although I was still prescribed medication from my GP for a further 6 months, I did so whilst claiming JSA and putting up with Target Motivated Staff back then too.

I can provide medical reports, warning letters from JCP over 2 occasions in the last 8 months where they have been allowed to wind someone up to a state of outrage, where although loud and occasionally dropping the odd bit of bad language (which I don't feel too proud of being made to respond in such a way) but if JCP staff want to continue treating someone as though jobs are easy for people who have been unemployed for almost 6 years after being constructively dismissed from a job which was held for 6 years (7 years for the same company)
and for this company to get away with it on the grounds that I was too stressed and depressed to fight back, not to mention the work related injury caused by job over 6 years due to neglect of health and safety (which is was documented by my GP back in 2005/6) meaning that a year and half was spent trying to get over issues of trust from work colleagues who knowingly contributed towards putting me out of a job, to then have to go through the process of New Deal, Future New Deal, and now the Work Programme not one of which helped me any more then what I gained myself by committing to almost a year and a half's worth of voluntary work for a registered charity from 2009/10 in which once yearly bus pass (paid for by my parents on the premise that I stick to the job the full length of the pass and gain something from it, otherwise I would be made to pay it back) only ended because the company were unwilling to cover the £10 weekly travel expenses once the bus pass had expired.

To summarize (so far), given the information above, would the DWP be willing to accept that there may be a slight case of in-Justice taking place with this specific office of Job Centre Plus, bearing in mind that all of my issues with them have been raised in previous F.o.I requests which has now lead on to this issue I have with Job Centre Plus, not to mention the fact that due to the lack of organization and communication by the Work Programme Provider & Job Centre Plus, I find it difficult to see how Job Centre Plus are going to obtain a legitimate exit report that they request from the Work Programme Provider 2 weeks prior to the individual completing the 104 week programme, let alone receive it within 10 working days in time for a smooth transition back over to Jobseekers allowance where the jobseeker will still have 1 outstanding work programme appointment to attend, 3 DAYS AFTER an appointment with a Job Centre Plus Adviser should have it in front of them to discuss the next best steps back in employment.

This ironically and unfortunately now leads me to the question of as to whether or not JCP DO actually obtain a copy of this report, because I recall the question being raised in that I had failed to participate in the 4 week work training programme which was mandatory. Although I have no issue in doing this, or ever did, the opportunity to do so was never organized by the Work Programme Provider. So, this could also be a reason as to why JCP staff quickly came to the decision to suspend my benefits, but as I did pick up on that as soon as it was mentioned, may explain as to why I received a £110 JSA payment, then used the excuse not paying ISMI and using that as an excuse to disallow me from a right of appeal. On the other hand, if the JCP are in possession of an exit report, then all signatures to date up until July 4th (which is my last official appointment, where a letter from the work programme provider will confirm this, could be considered as forged, or paperwork signed under false assumptions almost 1 month before the actual last appointment was attended. Either way, I have not received a copy of any such exit report from the Work Programme Provider or JCP, so could you please clarify\define as to what the delay in getting an individual back on to JSA Activity Support through JCP actually means?

Although I don't claim to be an expert on the in's and out's of benefits and entitlements to such, I do feel that there is a major need to address certain issues with the way my local JCP are dealing with things. As you may appreciate, dealing with this issue as a complaint through the usual method in not realistically an option considering they were asking me to make a fresh claim directly by seeing a member of staff, rather then through recorded post, online or through sending a new claim to the benefits delivery centre. So could you please advise me as to how best deal with the situation to which I at least have some sort of reassurance in that my complaint along with photocopies of paperwork of benefit sanctions \ decisions \ appeal letters that would correspond to information held on JCP systems that includes job search activity, dates of signed jobseeker's agreements, and payments\non payments of benefits which can be clarified against bank statements for the last 8 months (Original Bank Statements will be obtained if necessary). These Bank Statements will show that due to 1 late payment of Mortgage Interest due to the whole situation with JCP is the first and only red mark showing as a late payment on my credit report since i moved into the property 13 years ago. So even something like s late payment due to JCP not following correct procedures when it comes down to financial hardship, let alone it being the most important payment to miss a payment on, is now on my file for 7 years!! - More statements that will show bounced DD's incurring £25 fee's twice in one year due to immediate suspension of benefits occurring.

Finally, just to avoid any further confusion regarding the payment I had received. Could you please tell me as to what happens to a Jobseeker when they come off the 104 Week Work Programme? IE would they continue to sign for fortnightly payments of JSA if they were existing JSA Claimants prior to Universal Credit being phased in? Or do they continue claiming JSA along as they were until Universal Credit is drafted in to their specific region? As I have read that Universal Credit only applies to new claimants make a fresh claim from April 2013.

Yours faithfully,

Gavin Shaw

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Gavin Shaw left an annotation ()

After attending a further interview and being told that in order to receive any further payments of JSA, I was required to make a new claim using the old Rapid Reclaim forms. I was told that there was a 6 month backlog in appeals, and was given the impression that should I not fill in a new claim for JSA, then I could expect to have no further payments of JSA until I decided to sign the form.

So to save the hassle I signed the form, however, I was contacted the today by JCP by someone who said that I had ticked a box to say that my circumstances had changed since last making a claim for JSA. I cannot recall having ticked such box, and the woman phoned to say that as there was nothing written in the box to confirm any changes as to why I had ticked the box, which she quickly passed off as me ticking the box in error!!!

So what I want to know is what the hell is going on with JCP!!!! This means that I form I had to reclaim benefits where the majority of the form had been filled in for me, should show a rectification to original paperwork after I had signed it. Either way, this is just more suspicious activity that should be investigated before legal action is considered.

Gavin Shaw left an annotation ()

Well, today was my last official appointment to see a work programme adviser. After walking 3 miles to withdraw bus fare money from the closest bank, to then travel a total of 11 miles, making it a 1 hour trip all round, it ended up being a total pointless, wasted journey,

As anticipated, in my post above, there was no paperwork (exit forms) to sign today, as this was all done before hand. So, all paperwork, including exit forms were signed on May 22nd, over a month earlier then expected. This JCP had these forms knowing that I had told them I had not in actual fact completed the work programme, due to an appointment which was re-arranged after my adviser rang in sick, I was not notified, wasted another 11 mile journey to find that out, and then a month and a half later wasted time going to an appointment where I expected to have to sign exit reports to get me back onto JSA support activity. What's wrong with the phone?????

I was not given an opportunity to participate in a 4 week work related activity programme, due to the fact that it was "Too Late" to find a place to put me into!!! That just about sums up 2 years on a Work Programme, where no doubts were raised about my participation in the work programme, or efforts in actively seeking work.

All a bunch of time wasting tactics which are purely used to make unemployment figures look better then what they actually are by shifting people from one scheme to another.

Operations FOI Requests, Department for Work and Pensions

1 Attachment

Dear Mr Shaw,

 

Please find attached DWP response to your recent Freedom of Information
request.

 

 

 

Yours Sincerely

 

 

DWP Operations

FOI Team

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Gavin Shaw left an annotation ()

The sort of reply I specifically stated that I would get, and would end up being a pointless procedure seeing that the sanctions I had received last year and just a few weeks ago, where JCP Staff claimed I could not seen as ASE due to the fact that it now appears that JCP staff have the ability to change what they feel is to be seen as actively seeking employment.

Thing about being Long Term Unemployed is that you've been out of work long enough to know that target based sanctions are looming.

The fact that I had received 2 x 8 week sanctions where it was down to failing to apply for advertised vacancies that matched my skills or financial needs was the reason as to why I made a request about this same type of sanction over 8 months ago, and the reply I received clarifies that not applying for jobs when there were non that met my skills ore JSAg requirements is not in itself a reason to sanction someone. I post ads seeking jobs on message boards and classified sites, update CV's, done voluntary work, did a 2 year work programme without s sanction (apparently) and the day it ended I got a sanction for failing to apply for employment, and this was before I had even seen a personal adviser to discuss my time on the work programme, and what support U could expect to receive next.

What did I get? an increased amount of job applications I was expected to make a fortnight, when not only I, but the work programme provider could not find me any work in the 2 years i was there, this even to the point where they could not even be arsed to arrange the 4 week work trial.

It's now known that targets DO actually take place within JCP offices, and that the DWP plan a 12 month inquiry into this since the SBR came into plan, which put pressure on JCP Staff to produce results.

So, how about looking into repaying benefits to those who can provide clear evidence in which would at least see some people get sacked for failing to follow correct working procedures, and actually sack them, rather then transfer them to another department when the going gets tough??

There is not one time in all the years of signing on, in which I have seen any member of staff actually take time to record my job search logs on to their computer. Therefore they have no evidence to suggest they actually do a job, I have over a years worth of signed Job Search L:gs where it's more of a case of pensioners who cant reach targets using any old waffle to stop benefits, not even having to guts to sign to say that a piece of documentation where the DWP clarified what they were trying to sanction me for was totally wrong? They wont even go as far as to stamp the name of the JCP office.

What's the point in following complaints procedures within the company that caused the hassle lol? - The DWP know full well this is going on, but it's just easier for them to deny it existed and everyone gets to keep their extortionately high paid salaries, rather then having to join the queue looking through endless catalog distributer vacancies that rely on product sales to generate income, and after seeing how many of these come round the area now a days, then it's obviously not as well paid as the adverts like you to believe.

Tom Evans left an annotation ()

It appears to me that a person is entitled to credits if he is available for and actively seeking work, but it is not necessary to meet the additional requirements such as mandatory work activity.

[Regulation 8A Social Security (Credits) Regulations 1975, as amended by regulation 2(6) Social Security (Credits and Contributions) (Jobseeker's Allowance Consequential and Miscellaneous Amendments) Regulations 1996/2367]

Gavin Shaw left an annotation ()

Having almost completed the first month after finishing a 2 year work programme, to which I had intermediately received a sanction based on the fact that nothing but applying for advertised job vacancies regardless of whether you were qualified to do those jobs or not was the help and support I received from JC+ staff once I moved on to JC+ support from Work Programme provider support.

My Personal adviser backed me into a corner when reviewing a new Jobseekers agreement where the amount of jobs I was made to apply for was doubled, regardless of the fact that I have been long term unemployed since 2008, through out which I have done voluntary work for over 2 years, and actively participated in schemes such as FND, and the Work Programme, as well as taking several courses to gain qualifications and certifications with a view to transitioning into a career change.

In the past 4 weeks, there has been 1 attempt to have my claim suspended and reviewed by a decision maker, after failing to apply for 10 Advertised job vacancies, as I had only managed to 7 vacancies to apply for as well as taking additional steps, such as placing ads online seeking full time employment, updating CV info, registering with charity organizations with the intention of providing my services as a part time volunteer and so forth.

All the later are what DWP states as being steps towards Actively Seeking Work, as well as, simply applying for advertised jobs.

JC+ Seem to make up their own rules, and irregardless of numerous attempts to make them aware of the fact that I have contacted various sources for advice on this matter, all they do is play ignorant and continue to ramble on about applying for advertised jobs as being the only way that they will see it and treat me as being "Actively Seeking Work". This has been met with 2 sanctions on 2 occasions, once last year, and twice this year.

I have now obtained enough evidence to feel I have a strong case of harassment, where sanctions have been dished out to meet working targets. I have audio evidence that can clearly be heard by a senior member of JCP staff as to saying that what they consider to be Actively Seeking Work, is at their discretion.

So, theoretically they are basically saying that sanctions are randomly given out based on the member of staff you see each fortnight. Where Actively Seeking Work to one member of staff does not necessarilu require an individual to apply for any jobs at all or let alone meet be 100% spot on with meeting requirements set out in a JSAg - but then 2 weeks later, you get sanctioned by someone else where you have done all that can be expected to try to meet all the requirements!!

So, yes, I would imagine that JCP Target based sanctions, and league tables are well and truly running nationwide. As for the DWP running a 12 month inquiry into this issue after it was published by the guardian when evidence of Target Based Sanctions came about a few months back, then how about dealing dealing with people who feel have more then enough reason (as well as evidence) to suggest that they have been unfairly issued with sanctions where upto 3 months of benefits have been stopped, where no one can quite seem to understand as to why it was 6 months later that 2 payments of reduced JSA which was stated to be arrears from Nov-Jan 2012 - and the individual had only received these 2 payments late June to July 2013!!!!! No member of JCP staff either have a clue as to what these payments were for, or why I had been sanctioned at all (This includes baffling a Customer Compliance Officer who's job it is to see if what I am getting paid is actually correct). This meeting with the compliance officer came conveniently at a time where I started making more inquiries. Whether that was by pure coincidence I don't know, but all of these meetings were recorded.

Eventually I will get all the paper based and audio based evidence together and kick up some fuss about it all as this is going past a joke now.