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JSA Rights

The statistician | 26.02.2008 13:54 | Education | Liverpool | Sheffield

Here follows a brief analysis of statistics produced by DWP on sanctions imposed on JSA claimants. These confirm what most people already know- that if you appeal to the independent tribunal you will most probably win. And if everybody appeals the sanctions system will collapse.

Firstly, it is worth clarifying that under the law, to be eligible for work JSA claimants have to demonstrate that they are available for work. But what the automatons at the Jobcentre or Working Links tell people is necessary, is somewhat different from the measures prescribed in law.

Whilst, I am not a fan of statistics myself these particular ones that follow are pretty solid, in that they do actually relate to what happens day in day out on the ground. What is demonstrably proven here is that when people appeal they are successful far more often than not. The stats have been taken from DWP and the link to the tables is here.
 http://83.244.183.180/sanction/sanction/LIVE/tabtool.html

Variable sanctions
These can last for between 1 and 26 weeks. From April 2000 to July 2007, a total of 2 686 400 decisions were taken to impose a sanction of this type. In the vast majority of cases (2 665 710) no appeal was made. This is partly because upon reconsideration of the original decisions only 312 720 were upheld.
However, for the 20 690 appeals that were made, 17 920 were in favour of the claimant. This works out at 86%.

Fixed sanctions
A sanction of 2 weeks (4 weeks if repeated within 12 months, and 26 weeks if already received a 4 week sanction within last 12 months) are imposed for refusal, without good cause, to attend an employment programme or carry out a Jobseeker’s Direction.
Of 500 790 sanctions only 38 890 were upheld on reconsideration. There was a total of 3500 appeals. Only 130 went against the claimant. That is a 96% strike rate!
Broken down into the reasons given for the sanction, cases in which claimants had given up a place on an employment training programme there were 260 appeals and only 10 went against the claimant.

Entitlement decisions
There were 1 623 630 decisions that people were not entitled to JSA. There were 6940 appeals. JSA claimants lost only 260 cases. For example, looking at the reasons given more closely of these appeals, benefits were stopped in 3350 cases for Failure to attend/ Failure to produce signed declaration. Only 80 decisions were upheld before the tribunal.

These stats only reinforce the need to challenge these decisions whenever they are made. If more people appealed Jobcentre plus could not possibly impose so many sanctions in the first place as the system would crack under the strain.

The statistician

Comments

Hide the following 10 comments

winning on appeal

26.02.2008 15:02

i knew you had a good chance of winning at appeals but bloody hell!

Criminal

Jock


11 JSA sanction decisions in 2003

26.02.2008 17:48

I had 11 JSA sanctions imposed on me in 2003. I argued rthat I should have seperate appeal hearings for each sanction but they weren't having it. I lost 11 appeals in 2 hearings.

I strongly suspect that I was specifically targetted because I am a political anti-war activist seriously critical of New Labour. There is some support to this since my benefit was first stopped on 15 February 2005 (the date of the big anti-war march).

Oppose Fascist New Labour.

(a dissident blogger)


IB

26.02.2008 19:32

If memory serves the ONS reported an even higher rate of success for IB claimants.

The bastards had me waiting on appeal for months on a pittance of emergency payments. Turns out when I get to the appeal, that I was told off the record that everything about how may case had been handled was illegal.

Needless to say I won the appeal- on medical merits I hasten to add. After that was sorted I was so relieved to have some money, I couldn't be arsed suing- I'd probably just wreak more grief on myself if I did anyway.

Jack


Appeal! Every time.

27.02.2008 14:22

Well done, the person who posted this article.

It should be more widely known that appeals work. Even if you don't get a representative, you still have, statistically, about a 60 per cent chance of winning. With a representative (one that puts the effort in! Don't go to a solicitor, get some-one from a voluntary agency or a law centre) the chances go up to at least 80 per cent.
If you want to do it yourself, you can get a copy of the welfare rights handbook from the Child Poverty Action Group, 94 White Lion Street, London N1 9PF. The full price is expensive, but they used to sell copies at a subsidised price to claimants. Maybe they still do. It's the most comprehensive book on benefits rules. The Disability Rights Handbook is also good, it's published by the Disability Alliance, Universal House, 88-94 Wentworth Street, London E1 7SA.

It's very common for Jobcentre staff to lie to claimants and make wrong decisions, relying on the knowledge that most people don't appeal and don't get advice. More people should appeal, about any decision on any benefit. We should own the system, not let the system own us!

Andy Citizen
- Homepage: http://www.rightsandwrongsuk.blogspot.com


MORE

28.02.2008 11:19

Child Poverty Action Group,
94 White Lion Street, London N1 9PF.
 http://www.cpag.org.uk/

The full price is expensive, but they used to sell copies at a subsidised price to claimants. Maybe they still do. It’s the most comprehensive book on benefits rules.

The Disability Rights Handbook is also good, it’s published by the


Disability Alliance,
 http://www.disabilityalliance.org/
Universal House, 88-94 Wentworth Street, London E1 7SA.

make the middle class history
mail e-mail: worldwarfree@riseup.net
- Homepage: http://pretentiousartist.com


front page then?

29.02.2008 08:33

Hello been thinking how about this as front page and linked to others news about benefits with a link to here  http://www.swansheffield.org.uk/ going to ask on list as well ill do the html/css once given the go ahead to this being a front page..

make the middle class history
mail e-mail: worldwarfre@riseup.net
- Homepage: http://pretentiousartist.com


Mussolini would be proud of the New Labour fascists

02.03.2008 23:52


I have been un-employed /"self employed" since Thatcher came in 1979, I've never had a "proper" job. I was "educated" to supply a pre-thatcherite job market i.e. a market that required a very different set of skills to todays 96% "service industry" job market. I can honestly say that the current welfare system is worse than that under Thatcher, and is rapidly heading towards a fascist model under the current war criminal regime, where the needs of the corporations are given priority over the needs of each citizen. in formulating government policy with regard to creating the kind of economy/society where each citizen is able to find "suitable employment". It says clearly on my Job Seekers Agreement that I should not narrow my search for work. Isn't there an equal obligation on a government to not to persue policies that narrow the job market so much that a citizen like me can't find "suitable employment".

I recently experienced my first four month sanction of JSA for failing to apply for a job in British gas, which upon appeal was overturned. I hold passionate views on the environment and the issue of global warming, as well as our war criminal governments policy of continuing to seek a growing consumerist economy, necessitating starting illegal aggressive wars against people who happen to be sitting over the vital hydrocarbon energy supplies needed to support this very short term policy of continuing growth through consuming more and more of the planets finite resources. I have made clear on many occasions the views I hold to my "adviser". I have even asked that my job search is done with jobs that actually do something about climate change and the environment, only to be told "there's no number for that". They've got plenty of numbers for "Customer Services" and other such occupations that support the globalist agenda.

There is in the Supply and Goods and Services Act, a requirement on service providers to carry out their work "with reasonable skill and care", As a "customer", clearly the advisor should, with "reasonable skill and care" help the customer find "suitable employment". In my recent case it is clear that the advisor did not exercise "reasonable skill and care" in helping me find "suitable employment", and the "customer" is always right!

Under contract law a contract can be vitiated (shown to be legally invalid) if the contract is made under duress or undue influence. Duress in the case of the Job Seekers agreement, is the threat, usually expressed with the euphemism "failure to sign may affect your benefit" to a customers economic security. This threat to a customers economic security is usually successful in making the customer comply. Undue influence comes from the relationship between the Adviser and Customer this is a relationship where it is potentially possible for the adviser to be in a position of power over the customer, and the customer gives the appearance of agreement so that their economic security is not threatened.

This government is targeting the most vulnerable people in society in order to save money to pay for their illegal foreign wars, leading to increased "black economy" activity where people are forced to work for less than the national minimum wage "cash in hand" or pushing people into criminal activity in order to make ends meet. "Tough on the causes of crime"?. Their policies are driving crime and a cash economy, potentially allowing employers to exploit economically vulnerable people at wages below the NMW which is shit anyway.



work-shy-scrounger


P.S.

02.03.2008 23:57

The current level of JSA is "barely half the poverty line" and "10% National Average Income". source The Groniad

work-shy-scrounger


sanctions

19.03.2008 16:42

I have had benefits stopped three times since last summer, forced to go on a crap training course run by CDG.

I appeal all to Tribunal.

For summer stoppage, Tribunal in November, then adjourned and not heard to January.

Open and shut case. I won, other side did not even turn up!

Took a month to be told the result. Did not get payments until last week.

Currently JSA stopped on three different grounds.

Very obvious scraping the bottom of the barrel to find excuses to stop benefits.

Has knock on effect on housing benefit.

Keith


sanction

13.07.2015 10:48

I have just had my jsa sancitioned for failing to attend appointment which Seetec had arranged. Did not receive any letter stating I had appointment so now going to ask for reconsideration (the sanction imposed is for 13 wks) .

tracey


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