comply or not with any direction issued by a JC official

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comply or not with any direction issued by a JC official

Post by Admin on Sat May 06, 2017 3:03 pm

Originally posted by FlyingVisitor:

Before reaching a decision to comply or not with any direction issued by a JC official, assume that most fail to apply the law or procedure correctly!   Crying or Very sad

Can you cope without money if your good reason statement fails?  Most sanctions from my experience are applied for spurious reasons and many claimants do not have the resources and/or the  capacity to fight back.

The UC Claimant Commitment
I will: • apply for vacancies I’m told to apply for by my adviser • attend and take part fully in job interviews I’m offered • take up offers of paid work that I’m able to do
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/269422/foi-3786-13-eg-claimant-commitment-annex1.pdf

J3005 The claimant has to be aware of any work-related requirement that has been imposed on them. Where a claimant is subject to a work-related requirement then this should be recorded on the claimant’s claimant commitment. If not, it should be notified to the claimant in a manner that the Secretary of State sees fit. This includes where a work-related requirement has been changed or revoked1 . 1 WR Act 12, s 24(4)


Claimants can also be tripped on the work search requirement...

Evidence J3100 Where there is a doubt about whether a claimant is meeting their work search requirement, the case will usually be referred to the DM with 1. a copy of the claimant commitment and 2. details of any other action to seek work that an officer of the Jobcentre Plus office suggested the claimant take in the week or weeks in question and 3. evidence of what action the claimant took to seek work in those weeks and 4. evidence of what action the claimant took in previous weeks and 5. evidence of any advice about searching for work that the Jobcentre Plus office had previously given the claimant.

Example 2 Damon has been required by his adviser to apply for a vacancy as a credit controller. Damon applied for the post and completed a satisfactory application but was not short listed for an interview. Damon has complied with a work search requirement.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/502453/admj3.pdf

Vacancies can be notified electronically via UJM an email is an electronic notification.  

Failure to apply for a notified job usually attracts a high level sanction (13 weeks).

Possible good reasons:

You lie and say you failed to receive the email notification.   Do you correspond regularly by email with the JC official?  if so, the balance of probability will apply.

You were not mandated to apply.

The requirement was unreasonable and/or not time bound.

Tip:

Do  not share your email address with providers or the Jobcentre.

Social Security Legislation only applies to JC officials.  DWP providers are required to adhere to their contract and the provider guidance. Until recently they could not notify participants about vacancies.[/quote]
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