Top tips - JSA Actively Seeking / other conditionality doubts & decisions
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Top tips - JSA Actively Seeking / other conditionality doubts & decisions
Top tips - JSA Actively Seeking Employment/ other conditionality doubts
Some JCP staff fail to explain why a doubt has been raised and will send information to the decision maker that you are unaware of. To ensure natural justice, a person must be provided with adequate information to challenge the JC official's reasons/decisons.
1. In the event of unfavourable decisions, always request the relevant information in relation to the doubt and decision via a subject Access Request.
https://ico.org.uk/your-data-matters/your-right-of-access/
You do not have to use the DWP online process.
https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions
2. If you receive an unfavourable decision to your Mandatory Reconsideration, make a clear request to DWP to look again at its decision again rather than wait several weeks for the DM to receive the appeal papers from the Tribunal.
3. If the decision isn’t revised, make a formal complaint and continue with your Appeal. From experience, I know DWP regularly overlooks the basic processes and procedures.
Edited.
Some JCP staff fail to explain why a doubt has been raised and will send information to the decision maker that you are unaware of. To ensure natural justice, a person must be provided with adequate information to challenge the JC official's reasons/decisons.
1. In the event of unfavourable decisions, always request the relevant information in relation to the doubt and decision via a subject Access Request.
https://ico.org.uk/your-data-matters/your-right-of-access/
You do not have to use the DWP online process.
https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions
2. If you receive an unfavourable decision to your Mandatory Reconsideration, make a clear request to DWP to look again at its decision again rather than wait several weeks for the DM to receive the appeal papers from the Tribunal.
3. If the decision isn’t revised, make a formal complaint and continue with your Appeal. From experience, I know DWP regularly overlooks the basic processes and procedures.
Edited.
Last edited by Non Deficere on Thu Oct 18, 2018 7:52 am; edited 8 times in total
Non Deficere- Posts : 724
Points : 1343
Reputation : 167
Join date : 2017-12-15
Re: Top tips - JSA Actively Seeking / other conditionality doubts & decisions
Another tip is to threaten to sue any work coach or decision maker involved.
From https://www.whatdotheyknow.com/request/suing_the_dwp
From https://www.whatdotheyknow.com/request/suing_the_dwp
Most people believe that going to a tribunal is their only option. So they get "corralled" down a rat run that is evidently biased towards the DWP, and they still end-up losing their case.
In my opinion, fraud is endemic within the DWP, and it must be addressed.
TURN THE TABLES ON THEM!
Instead of claimants being on the defencive, put them in the "hot-seat" and see how they like it. They don't. Ive tried it - and I've never seen them move so fast in my life! They reinstated my income support, and I had all my backdated money in my account withing 3 days. (I told them they had 3 days to reverse their decision - or I would take legal action).
I fully agree with what Carol is saying. I did something similar but using Misconduct in Public Office (a criminal offence) which incorporates frauds and deceits. I named all decision makers that have been involved in my claim and they moved very quickly indeed.
Jara- Posts : 224
Points : 297
Reputation : 25
Join date : 2017-07-02
Re: Top tips - JSA Actively Seeking / other conditionality doubts & decisions
The SAR is vital evidence, if you want to take alternative action.
The burden of proof is lower for civil cases.
https://respectfulbenefits.forumotion.com/t2150-taking-dwp-to-the-county-court
The burden of proof is lower for civil cases.
https://respectfulbenefits.forumotion.com/t2150-taking-dwp-to-the-county-court
Non Deficere- Posts : 724
Points : 1343
Reputation : 167
Join date : 2017-12-15
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