Sample letter to appeal against sanctioning of benefit
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Sample letter to appeal against sanctioning of benefit
by Non Deficere Mon Jun 11, 2018 8:12 am
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To: Jobcentre Plus/The DWP
[Insert date here]
Re: [YOUR NATIONAL INSURANCE NUMBER]
Re: [YOUR NAME AND ADDRESS]
Re: Decision to end JSA claim on [DATE ]
Re: Appeal against decision to cut off Jobseeker’s Allowance
I hereby appeal against the decision to sanction my benefit.
Please refer my letter as an appeal to the Lower Tier Tribunal (Social Entitlement).
The following grounds of appeal are advanced:
The decision to cut off my Jobseeker’s Allowance and require me to submit a fresh claim was wrong [give any particular facts];
The sanction imposed on me was disproportionate and did not consider my circumstances nor the principles laid down by Lord Freud in the following statement (Hansard, 25 January 2012 Col 1061):
a statement of the Government’s intentions in respect of welfare decisions and how the rules are to be followed:
‘Decision-makers will be required to follow guidance when applying the law to the facts of the case where they consider a decision about a claim, sanctions for non-compliance with work-related requirements, a civil penalty or the recovery of overpayment. We spoke about the Wednesbury [1 ] principles at our seminar; decision-makers will have to consider all relevant matters raised by the claimant within a particular time period, including information about a claimant's health condition and financial circumstances. I accept that there is room for improvement here, and we will make that improvement’;
The DWP failed to give proper reasons for the decision in the decision letter or explain why cessation of claim or the sanctioning of benefit was appropriate;
The DWP failed consider other options and in all the circumstances was unreasonable.
As a result of the ending of my claim, I have lost Jobseeker’s Allowance between [DATES].
Thank you for your attention. I await hearing from you.
Yours faithfully,
[YOUR NAME]
[1] Principles on the lawful use of discretionary powers laid down in Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223
To: Jobcentre Plus/The DWP
[Insert date here]
Re: [YOUR NATIONAL INSURANCE NUMBER]
Re: [YOUR NAME AND ADDRESS]
Re: Decision to end JSA claim on [DATE ]
Re: Appeal against decision to cut off Jobseeker’s Allowance
I hereby appeal against the decision to sanction my benefit.
Please refer my letter as an appeal to the Lower Tier Tribunal (Social Entitlement).
The following grounds of appeal are advanced:
The decision to cut off my Jobseeker’s Allowance and require me to submit a fresh claim was wrong [give any particular facts];
The sanction imposed on me was disproportionate and did not consider my circumstances nor the principles laid down by Lord Freud in the following statement (Hansard, 25 January 2012 Col 1061):
a statement of the Government’s intentions in respect of welfare decisions and how the rules are to be followed:
‘Decision-makers will be required to follow guidance when applying the law to the facts of the case where they consider a decision about a claim, sanctions for non-compliance with work-related requirements, a civil penalty or the recovery of overpayment. We spoke about the Wednesbury [1 ] principles at our seminar; decision-makers will have to consider all relevant matters raised by the claimant within a particular time period, including information about a claimant's health condition and financial circumstances. I accept that there is room for improvement here, and we will make that improvement’;
The DWP failed to give proper reasons for the decision in the decision letter or explain why cessation of claim or the sanctioning of benefit was appropriate;
The DWP failed consider other options and in all the circumstances was unreasonable.
As a result of the ending of my claim, I have lost Jobseeker’s Allowance between [DATES].
Thank you for your attention. I await hearing from you.
Yours faithfully,
[YOUR NAME]
[1] Principles on the lawful use of discretionary powers laid down in Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223
Non Deficere- Posts : 724
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