Client came to me yesterday looking rep for her JSA appeal. The client feels that she was wrongly refused JSA. After reading through the clients papers it seems she contacted JSA stating that she will soon finish uni. The client was give a date to come into the office. The client was unable to attend the interview due to having to go to the GP as she was sick the week before and had to see the GP urgently. The only appointment that could be offered was at the same time as interview at JSA. The clients mother phoned to explain this and was told that she needed to get a sick cert to show why she could not attend the interview and a new date was given. The client attended the second interview and handed in the sick cref. According to the papers the client did not show good casue for not attending the interview and according to the sick cert that the client handed in, it stated that she was unfit for work and because of this was refused JSA at the time. The client was suffering from tooth ache and ment for the office to take this as not been sick and that she could still seek work. The client then reapplied and got benefit but is appealing for the period that JSA are refusing to pay.

Never done an appeal that this and unsure of how apporach this.

have you had a look at reg.28 of the JSA regs - re matters to be taken into account for good cause for failing to comply with (attendance) notice under reg 23?

your client's situation is covered - attending a medical or dental appointment, reasonable difficulty in rearranging app't etc- on what basis was the refusal to accept good cause made?

re med cert - i think the wording refers to 'advise to refrain from work for period of....'. the operative word is 'advice'. Your client is not bound to follow her GP's advice, and if she is telling the Jobcentre that she only obtained the medical certificate in the first place because it told her to, (she did not fail to attend because she was sick, but because her appointments clashed,) and would not have refrained from work due to her tooth ache, they cannot hold her to her doctor's opinion, which she is not bound in any way to follow, and, novel as they may find the idea, they must take account of _her_ evidence on the matter.

fwiw, my opinion is this kind of case should not have to reach the tribunal.

jj

Page 353 CPAG handbook. JSA + Short periods of sickness. If toothache then sicknote of less than two weeks doesn't stop JSA being paid.

Thanks for all your help.