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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

JSA Lower Tribunal re suspension involving Learning Difficulties/actively taking steps to look for work

TJL
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Derby advice - Derby Homes

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Assuming correct benefit is being claimed has anyone any experience of persauding tribunals that it is reasonable that someone has not noted his verbal applications/enquiries and of any relevant CDs?

My feeling is that a hearing in the clients absence would be better so he is not given the oppurtunity to catch himself out - any thoughts?

Thanks in advance,

T.J.Lintern

ROBBO
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Welfare rights team - Stockport Advice

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Or even avoid further difficulties, if they’re any good.

Hoofer
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halton CAB

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hmmmm….. on a similar note -

i’ve just picked up a client currently on JSA hardship payments having been snaction in jun ‘10 and just been give - 03/09/11 - a further sanction. it is clear to me that she has learning difficulties, and as confirmed in - opinion only - by her SHAP support worker, but cl has been iro JSA since ‘03 - approx - and does not appear to believe she has any issues at all

having read this thread im gonna ask JCP for copy of her jobseekeers agreement, and due to anxiey of ongonig sanctions/hardship apps etc she is now gonna switch to ESA.

ultimately there will be a sanction appeal hearing with f-t tribunal, is there any ground to argue that the JCP failed in their duty of care to the customer by penalising someone who by all appearances is vulnerable?

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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I think your client should attend the hearing but you should put in a written submission well in advance in order to try to steer things in the direction you want to go. 

The matter of making notes of efforts to find work is someothing that needs to be judged having regard for what can be reasonably be expected of the particular claimant.  It is a determination of fact for the tribunal

I have attached an anonomised submission that worked for me.  . Its a word docment so you can use it as a template.  Hope it helps

[ Edited: 23 Sep 2011 at 11:43 am by Stainsby ]

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Hoofer
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halton CAB

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thanks for responses, have just spoken to cl who is now on live ESA claim