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Top Income Support & Jobseeker's Allowance topic #7344

Subject: "insufficient jobsearch, bad advice and the law" First topic | Last topic
giuseppina
                              

Welfare Rights Caseworker, Brighton Unemployed Centre, Hollingsdean, Brighton
Member since
21st Jan 2008

insufficient jobsearch, bad advice and the law
Tue 18-Aug-09 04:45 PM

My client has done 'insufficient jobsearch' (less than 'three steps') during one week and was disentitled to JSA for a fortnight.

However, due to complicated reasons, he was never told that he needed to take more than two steps every week.

He signed a jobseekers agreement, but, crucially, the jobseekers agreement does not say how many steps one has to take (CJSA 1814 2007). Claimants are normally asked to sign an additional statement that they shall take at least three steps a week, precisely because this is not clear from the jobseekers agreement. But this didn't happen to my client - he didn't sign any statement and was not told at all.

Although it is a matter of fact that he failed to take more than two steps (so he didn't fulfil the JSA regulations regarding his 'actively seeking job'), it seems to me a basic question of natural justice that he should have been told about this requirement. Yet 'natural justice' is not a Social Security regulation. Is there any regulation or law which I can use to argue against his disentitlement?

Please any help

  

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Replies to this topic
RE: insufficient jobsearch, bad advice and the law, nevip, 19th Aug 2009, #1
RE: insufficient jobsearch, bad advice and the law, giuseppina, 20th Aug 2009, #2

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: insufficient jobsearch, bad advice and the law
Wed 19-Aug-09 12:56 PM

This is dealt with in regulation 18 of the JSA Regulations. A person must take more than twp steps "unless taking one or two steps is all that is reasonable for that person to do in that week".

So I would argue that his actions were reasonable according to his agreed understanding with the DWP as the jobseekers agreement, or any other document, did not require him to take more than two steps.

  

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giuseppina
                              

Welfare Rights Caseworker, Brighton Unemployed Centre, Hollingsdean, Brighton
Member since
21st Jan 2008

RE: insufficient jobsearch, bad advice and the law
Thu 20-Aug-09 08:11 PM

Thank you very much!
Giuseppina

  

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Top Income Support & Jobseeker's Allowance topic #7344First topic | Last topic