Hi - I am a criminal law specialist solicitor and don't normally deal with welfare law but would very much like to help with this one. My 38 year old client has had his JSA stopped for 26 weeks because the JobCentre say he did not apply for a particular job. (His version is that he telephoned and left his details but the company did not contact him. He is sure that he would not have been successful as the post required someone with own transport (this being in the middle of rural Devon) and he has no wheels and thinks this is why the company did not contact him.) To my knowledge this is a one-off situation. He has been told that at the end of the 26 weeks he will not be able to claim JSA again because his NI contributions will be deficient. He's a vulnerable adult, prone to depression. He has been doing OK of late but this is liable to push him to the limit. He has already lodged an appeal (but I suspect has not expressed himself terribly well). I want to help if I can but not sure what, if anything, I can do. He has absolutely no money. He is trying to find a job of course but remains unsuccessful.

Any advice would be really appreciated.

The appeal can proceed. He may also claim Income Support on grounds of Incapacity For Work (assuming not too much savings etc..). He needs to get a sick-note and claim I.S. immediately. Depression is causing his difficulty and hopefully he will be able to secure Incapacity for Work on this basis.

Your client has a choice in terms of ongoing income. As stated above, if he feels he isn't capable of work (or his mental health deteriorates) and his GP is willing to issue medical certficates, he can claim Income Support/Incapacity Benefit on sickness grounds. Alternately, he can claim Hardship Payments. Hardship Payments are paid at a reduced rate (usually 40% less than JSA, 20% if your client has a 'serious illness') and he'll need to continue to sign on as available for work, etc. He can carry on with the appeal whichever route he follows. If the appeal is successful he'll be refunded anything he has lost.

In relation to the appeal, he needs to show he had good cause for not applying for the job. From what you have said, it certainly sounds as though what he did (or didn't) do was perfectly reasonable, so his case looks strong. If it was me I'd write in support of his appeal, clarifying the main points of his argument (especially as it sounds as though he may not have been very clear in his appeal letter) and asking them to list me as his representative so that I'd recieve a copy of the appeal bundle when produced. It may be that the decision will be revised prior to appeal. It certainly seems harsh to impose a full 26 week sanction and if the worse comes to the worse and the appeal doesn't succeed completely, the sanction may well be significantly reduced.

That's excellent advice - thanks - I am new to the appeal procedure and find it shocking he's left with nothing - I am trying to see it from the other side of the argument but it's hard to think of this as an example of a welfare society. Thanks again for your help - it really is appreciated.

Hi Snobunny

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(good eh?)

I'd really suggest you refer to a specialist benefit advisor. I assume you don't have one in your firm but I'm sure someone on here from your area will let you know if they can take it on. Alternatively try CLS Direct website for those in your locality.

Sanctions aren't usually given for claimants not applying for one particular job. It's usually that they've not kept to the Jobseekers Agreement in these types of cases. All the info will be in the appeal bundle when it comes through.

It's rubbish about him not being able to reapply for JSA in the future because of the lack of NICs. There are two types of JSA - contribution based and income based. He'd get the latter if he doesn't have sufficient NICs and remains entitled.

It's important an appeal has gone in so he'll get Income Support at a reduced rate. If he's simply asked for them to look at it again (a reconsideration) they won't pay this IS until he has appealed.

This will also be having an effect on any housing and council tax benefit and could easily result in rent and council tax arrears so it's important he gets it sorted.

Hi Suelees

Like the other replies that is amazingly helpful (but are you sure you have enough to do???? The picture is great!!!!)

By the way just to clarify a point in case you weren't aware - Paradoxides suggested if your client was sick he could make a claim for Incapacity Benefit/Income Support. If he's awarded this then it'll be paid at the full rate. Reduced IS is paid only when someone has had their JSA stopped and claims IS whilst appealing.

I'm assuming your client doesn't have a partner? If they had they could also swap claimant roles.

But reduced rate IS wouldn't apply unless it was a PCA appeal, which it isn't. It'll either be (full rate) IS on sickness grounds, or (reduced rate) Hardship Payments (until appeal succeeds or sanction period expires).

You're right for pulling me up. My fingers typed reduced IS whilst my head knew what I meant (honest!).

Don't worry- I do it all the time!