I cannot win an appeal for my EU client on her R2R issue, who was wrongly advised to terminate her JSA claim and claim IS as a single parent, by an advisor at JCP.

So I am left with a claim for compensation against JCP for 4 months worth of JSA, HB/CTB and CTC - a substantial amount. She waited 3 months to get a decision ( which was negative ) , during which time the JCP advisor told her not to recaim her JSA as she would be contradicting herself, even though the client was getting desperate as her HB and CTC had stopped. The JCP advisor even advised her to appeal after her negative decision. The client eventually reclaimed her JSA as she was destitute and threatened with eviction ( her only income was CB for 4 months ). Since then she has been told by other advisors at JCP that she is on the wrong benefit as a single parent with a young child and she has had to insist to stay on JSA.

Has anyone had any experience of this and have you been successfull?

Thanks all

Yes have had good success with this in misadvice cases.

I have been told by DWP staff that they are supposed to automatically refer any such cases for a Special Payment...(pause for laughter from audience)...It's always worth writing and applying for a Special Payment in any cases of misadvice resulting in loss or significant delay as part of a formal complaint. The DWP's Guide to Financial Redress for Maladministration is here www.dwp.gov.uk/publications/dwp/2003/frm/ (and is also available via Rightsnet Toolkit).

This kind of mis-advice / refusal to accept JSA claim in R2R cases appears to be fairly common in our experience. We have several cases awaiting appeal hearing. None at compensation request stage yet.

In a case such as these we would ask the clients MP to take up the request for compensation as this seems to 'smooth' the request through JC+ to the speacial payments section (which I believe is in Inveness this week?).

I was about to suggest the MP too!

Sitting reading a draft ombudsman's report full report pending our comments.

Complaint originally started in May 2004, thats right MAY 2004 and still not finalised.

Draft findings say two counts of maladministration and two count of injustice upheld.

Is it any wonder people give up.

I'd like a link to that ombudsmen report if possible.... can you reply on the JSA .... JSA and pregnancy initiate by me (nick nicolson) I have a case runnig now..... need something to batter JSA with