[matilda] JSA Rights.

[worldwarfree at riseup.net]

Here follows a brief analysis of statistics produced by DWP on sanctions
imposed on JSA claimants. These confirm what most people already know-
that if you appeal to the independent tribunal you will most probably win.
And if everybody appeals the sanctions system will collapse.
Firstly, it is worth clarifying that under the law, to be eligible for
work JSA claimants have to demonstrate that they are available for work.
But what the automatons at the Jobcentre or Working Links tell people is
necessary, is somewhat different from the measures prescribed in law.

Whilst, I am not a fan of statistics myself these particular ones that
follow are pretty solid, in that they do actually relate to what happens
day in day out on the ground. What is demonstrably proven here is that
when people appeal they are successful far more often than not. The stats
have been taken from DWP and the link to the tables is here.
 http://83.244.183.180/sanction/sanction/LIVE/tabtool.html

Variable sanctions
These can last for between 1 and 26 weeks. From April 2000 to July 2007, a
total of 2 686 400 decisions were taken to impose a sanction of this type.
In the vast majority of cases (2 665 710) no appeal was made. This is
partly because upon reconsideration of the original decisions only 312 720
were upheld.
However, for the 20 690 appeals that were made, 17 920 were in favour of
the claimant. This works out at 86%.

Fixed sanctions
A sanction of 2 weeks (4 weeks if repeated within 12 months, and 26 weeks
if already received a 4 week sanction within last 12 months) are imposed
for refusal, without good cause, to attend an employment programme or
carry out a Jobseeker’s Direction.
Of 500 790 sanctions only 38 890 were upheld on reconsideration. There was
a total of 3500 appeals. Only 130 went against the claimant. That is a 96%
strike rate!
Broken down into the reasons given for the sanction, cases in which
claimants had given up a place on an employment training programme there
were 260 appeals and only 10 went against the claimant.

Entitlement decisions
There were 1 623 630 decisions that people were not entitled to JSA. There
were 6940 appeals. JSA claimants lost only 260 cases. For example, looking
at the reasons given more closely of these appeals, benefits were stopped
in 3350 cases for Failure to attend/ Failure to produce signed
declaration. Only 80 decisions were upheld before the tribunal.

These stats only reinforce the need to challenge these decisions whenever
they are made. If more people appealed Jobcentre plus could not possibly
impose so many sanctions in the first place as the system would crack
under the strain.

taken from
http://indymedia.org.uk/en/regions/sheffield/2008/02/392348.html?c=on#c190055

more

Well done, the person who posted this article.

It should be more widely known that appeals work. Even if you don’t get a
representative, you still have, statistically, about a 60 per cent chance
of winning. With a representative (one that puts the effort in! Don’t go
to a solicitor, get some-one from a voluntary agency or a law centre) the
chances go up to at least 80 per cent.
If you want to do it yourself, you can get a copy of the welfare rights
handbook from the Child Poverty Action Group, 94 White Lion Street, London
N1 9PF. http://www.cpag.org.uk/ The full price is expensive, but they used
to sell copies at a subsidised price to claimants. Maybe they still do.
It’s the most comprehensive book on benefits rules. The Disability Rights
Handbook is also good, it’s published by the Disability Alliance,
http://www.disabilityalliance.org/
Universal House, 88-94 Wentworth Street, London E1 7SA.

It’s very common for Jobcentre staff to lie to claimants and make wrong
decisions, relying on the knowledge that most people don’t appeal and
don’t get advice. More people should appeal, about any decision on any
benefit. We should own the system, not let the system own us!

Andy Citizen
home Homepage: http://www.rightsandwrongsuk.blogspot.com