decision letter does not include reasons

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decision letter does not include reasons

Post by Admin on Sun Jul 16, 2017 12:02 pm

Originally posted by Flying Visitor replying to ABC:

If the decision letter does not include reasons for the decision that has
been made, you can ask for a ‘written statement of reasons’. You must
do this within one month of the date of the decision. If you ask for the
written statement and it is provided within that time, the dispute period is
extended by 14 days; if it is provided afterwards, the dispute period is
extended to 14 days from the date it is provided.


ABC wrote:What I'm confused about is how this affects the time allowed for disputes related to a JSACC review. The situation is that you have 21 days from the DM making their decision, after a review of the CC, to sign the disputed JSACC but (confusingly) also have one month to dispute the decision. But that peculiarity aside does anyone know which of these periods is extended by 14 days as mentioned in the quote above if the DM has not supplied reasons and you have to ask for them? Is it the 21 days, the one month, or is it both?  :S

I'm guessing the 21 days doesn't get extended, just the one month, but does anyone know for sure?

Flying Visitor replied to ABC

You should automatically be offered an explanation, so there is no need to apply for an extension.  

https://www.whatdotheyknow.com/request/206674/response/507836/attach/4/3c.Annex%201.pdf

Before applying for revision, the claimant should be offered the opportunity of
having the decision explained by the adviser and/or the Labour Market
Decision Maker.
The claimant can apply for a revision whether or not the offer of an
explanation has been accepted and must apply for revision within the dispute
period.

ABC wrote:There's no sanction but it appears that the 21 day period is an absolute after which time your claim gets closed, unless you sign some version of the JSACC, or are you saying that's not the case?

I was basically hoping the 21 day period could be extended but I don't think it can and if that's the case, even though I can continue to dispute the JSACC that's been signed, I still have to abide by that new JSACC until there's a resolution.

In what way can I "manage the suspension/disallowance period if necessary"?

Flying Visitor replied:

After 21 days has elapsed and you do not agree to the terms of the direction a disallowance is applied.  However, you can agree to the revised JA at any time to get the money flowing again.

Putting to one side that correct procedure was not followed in this case, this is what the appellant did.

3. The matter was then referred by the local office to a decision maker, who on 5 November 2013 made a decision that the Claimant “had not, and cannot be treated as having, entered into a Jobseeker’s Agreement which remained in force from 22 October 2013 to 6 November 2013 (both dates included).” It was considered that the effect of that decision was that in respect of that period the Claimant was not entitled to JSA, because he did not fulfil the condition in s.1(2)(b) of the Jobseeker’s Act 1995 that he had entered into a JSAgt which remained in force. The reason for the period of disentitlement being expressed to end on 6 November 2013 was that on 7 November 2013 he did (under ‘duress’ as he contends) sign the Claimant Commitment. (It is something of a mystery as to how the decision maker could have known, on 5 November, that the new agreement would be signed on 7 November. Plainly he could not have known, and I think that the terms of the decision said to have been made on 5 November must in fact have been restated at some time after 5 November, but nothing turns on that).
http://www.bailii.org/uk/cases/UKUT/AAC/2015/701.html

Claimant does not agree to the terms of the direction
If the claimant does not agree to the terms directed by the Labour Market
Decision Maker, they can apply for the Labour Market Decision Maker’s
decision to be revised, or they may decide to appeal against it.
A disallowance is recorded in JSPS dialogue JA210: Maintain Suspension
and Decision Details. The Benefit Centre will notify the claimant that
Jobseeker’s Allowance cannot be paid.

https://www.whatdotheyknow.com/request/206674/response/507836/attach/4/3c.Annex%201.pdf


If there is any dispute to the variation to CC then make sure they are using AR code JSA/543 as there will be no loss of benefits until after 21 days of the DM decision. Whereupon a new variation to CC can be made.
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