Benefits Sanctioned.

[albaqwerty]

I was unable to make an appointment for 2pm in October, phoned them about it.
It's one of the government get you back places.

Apparently, the Jobcentre has preference on those days anyway.

Had a slight medical hiccup going home. Phone the place to say I would be late, apparently that's not good enough.

Heo ho, long and short, I found out on the 23rd December that I'd been sanctioned from 6th December til 2nd January. but I only found that out after I'd phoned the DWP.

The DWP hadn't sanctioned me, it was the other government agency, does anyone know if they have a charter as I really would like to question it?

[scorpiojo]

Which agency sanctioned you, alba?

[albaqwerty]

I daren't say on here, but it's one of the ones which have been created over the past couple of years by the Government.
When you have been unemployed for more than 12 months and are over 25, you are registered to one of them.

[humbersloop]

speak to the CAB about it albs, they have advisors who know their way through this stuff

[scorpiojo]

I agree with Sloopy. You have the right to appeal and it seems odd that you were sanctioned in December for missing an appointment in October. Good luck.

[flump1]

My goodness Alba, these people are difficult to deal with, I Hope you get it sorted . xx

[Buenchico]

Quote 1:
"Sanctions are used as a last resort and the DWP has put in place a comprehensive monitoring regime to ensure that sanctions are always and only applied where appropriate to do so.

The decision to impose a sanction is taken by an independent decision maker – and everyone has the right to appeal. Crucially, people are always made aware of their right to appeal before any sanction is imposed."

Source:
https://www.gov.uk/government/news/benefit-sanctions-ending-the-something-for-nothing-culture

You should have been advised of the appeal procedure when you were notified of the sanction.

Quote 2:
"Sometimes the DWP will reverse their decision on receiving your appeal letter. If they reject your appeal, then the matter will be sent to the Tribunal Service which arranges hearings"

Source:
http://z2k.org/free-help-advice/appealing-benefit-sanctions/#how_long_to_appeal

See also here:
http://www.turn2us.org.uk/default.aspx?page=20673

[albaqwerty]

Many thanks for the links Chris, will have a good look at them.

My bugbear is I was not notified of any forthcoming sanction.

[tonywiltshire]

If the DWP did not sanction you it may have been HMRC which deals with tax credits. Whoever sanctioned you it may be on the basis that you failed to attend a training scheme without “good cause” but ill health counts as good cause. If it is HMRC they do have a charter, you may receive a letter saying you have been sanctioned and by whom and why, (which may be far too late) if it does prove to be the DWP as you will know they also have a Customer Charter.

[albaqwerty]

letter arrived today, dated 18th December.

Quote from it:
'We have now decided that you did not comply with the requirements of the scheme to which you have been referred and that you did not have sufficiently good reasons for doing so.'

Well, on p 3 it says to get in touch with them either by or by letter within one month of the date of this letter.
'You can appeal against this decision but you cannot appeal until we have looked at the decision again.'

The last sentence doesn't make sense to me, how can one appeal against that decision but one cannot appeal until they have looked at the decision again?

ps, when I said I wasn't able to make the appointment in my OP, I meant I wasn't going to be able to get there for 2pm (sorry for any confusion)

[bednobs]

it sounds to me like you must first ask them to look at the decision again. When they have done that, you can then appeal their decision

[Mamyalynne]

Asking them to look at a decision again is the first step - you need to clearly lay down all the reasons for non or late attendance, backed up if possible.

If they do not change their decision then a full blown appeal can be launched.

The trouble is the higher up this ladder you climb, the more departments get involved and the less they communicate with each other - you get conflicting advice from one then another.

Even if things end up with HM Tribunals who find in the claimants favour the DWP can challenge them, frustration is not the word.

Good luck Alba and keep copies of everything.

[albaqwerty]

Many thanks Bednobs, I'll be on the phone to them on Monday!

Mamya, I'm usually a timid person, but this has made my blood boil.
I think I know the person who instigated this sanction, my advisor, who has not warned me of the possibility of being sanctioned.

Seeing her on Jan 10th, should be good fun!

Many thanks to each for their help, shoulder and advice.

[THECORBYLOON]

I take it you are on about a Work Programme appointment that you missed. If it is you would have been written to or 'phoned about it so you could give your reasons and if they were not good reasons, you would have been sanctioned

A new appeal process was introduced so that for decsions notified on or after 28.10.13, a claimant has to go through a Mandatory Reconsideration process before an appeal can be made. You can ask for the decision to be looked at again and give your reasons for not attending on time (or not at all) and ask for a mandatory reconsideration. If the decison can not be changed you may be 'phoned to explain why that is.

It will then go to a Disputes Resolution Team who, if they can not change it on the evidence held, will contact you by 'phone. If, after talking to you, they can not change the decision, they will send a notifcation to you to confirm that the decision stands. It is that notification that needs to be included with any appeal you make.

[albaqwerty]

Thanks Corby.

(May I call you that?)

[kloofnek]

Oh God ,what a mess...these places can be very mean.
However,I feel that when you rang them,it would have been better to have said that you would not be able to arrive on time but would it be ok to arrive late.
I am sure that would have been alright with that.
Better to be late than not at all.

[albaqwerty]

That's another of my gripes Kloof, I offered to be there before 3pm.

[THECORBYLOON]

Of course you can call me Corby, if it was not the Work Programme, the same prprocess applies to all decisions notified on or after 28.10.13. There is sometimes a delay in the Work Programme provider telling the DWP about the failure to participate and then when you add in the time allowed for someone to reply to a letter followed by a delay in making the actual decion, it can be several weeks after the event that the claimant finds out about it.

[albaqwerty]

I've a few places to go on Monday and a few phone calls to make, I'll let you know how I get on, or otherwise.
Mr Alba suggested I put my well-reasoned venom into a written appeal (understandably, he's sick of me going on about it)

[THECORBYLOON]

You said you you had a slight medical hiccup, I'll not ask what that was but if I were you, give as much detail abut it as possible when you ask for the decision to be looked at again. You may be a wee bit shy about doing so but if it means getting back four weeks' benefit, it makes sense.