http://www.theguardian.com/society/2014/mar/03/70000-job-seekers-benefits-withdrawn-unfairly-thinktank
3 Mar 2014 15:52
ObiDanKinobi:-
As far as i am aware, every single one of these benefits sanctions is unlawful. We as citizens of a supposed first world nation, are afforded protection of the ECHR legislation, article 6 - the right to a fair trial.
Benefits sanctions work the opposite way to natural justice, you are presumed guilty and then have to clear your name afterwards, by appealing.
This is in itself is contrary to natural law, and is massively wrong.
I have just had my benefits stopped for the 5th time and have sent for an appeal at the independent tribunals. Since this I have had my only living allowance suspended for 3 months.
Anyone who has taken 3 steps or more per week to look for work (presuming they are healthy and fit, less if you are not) HAS logically fulfilled what is reasonable by law (Jobseekers Allowance Regulations 1996 No 207 Reg 18 (1))
Steps which are deemed "reasonable" by law are listed in (Jobseekers Allowance Regulations 1996 No 207 Reg 18 (2) (a-j))
This whole ambiguous term "reasonable" has been interpreted in a malignant fashion in order to blanket sanction, and reduce "benefit costs". However it says in the above legislation what is reasonable and is clearly defined, i.e it is not open top malignant interpretation.
However these "benefit costs" are peoples ability to live/eat/heat their houses, and as such "dis allowance" should be painted as something other than trivial and harmless, as "dis allowance" suggests, and should instead from here on be referred to as "removed of the ability to exist"
I have abided by the law and done what is reasonable to find employment, and yet i am still being forced to starve, by a government that does not wish to look after its people.
3 Mar 2014 15:58
ObiDanKinobi:-
I have created an online petition, to address these issues. The reason i have stated the European Court of Human Rights as the addressee is because i feel the ability to achieve remediation from the courts of the U.K, would be limited, and thus seek a more impartial judgement on this matter.
Here is the petition, perhaps the guardian could us all a favour by spreading it about a bit ;)
https://www.change.org/en-GB/petitions/the-european-court-of-human-rights-with-regard-to-benefit-sanctions-uk-please-address-a-potential-breach-of-article-6-of-the-echr-legislation-the-right-to-a-fair-trial
3 Mar 2014 16:15
ObiDanKinobi:- Here is something i wrote immediately after my latest encounter with the DWP.
Just sat in front of someone, asking them if they knew the law on how many steps required by a citizen to be classed as actively seeking work, Sean (Refused to give his last name) @ Stafford jobcentre said he didn't know. He's sanctioning people and he doesn't know the law, because according to him he "doesn't need to know". I tried reading him the law out loud, the response to which was to call security over.
Also apparently my only living allowance has now been permanently suspended also, because i refused to sign a jobseekers agreement, mandating/forcing me to sign up for universal jobmatch, for the reasons I've detailed before. (Monster being an American corporation, which have all been proven to be compromised by the NSA, and how i won't render my personal information to a foreign nation state, by proxy or otherwise.)
I am a political dissident of this regime in this country, where my ability to exist has been removed, and will be doing everything in my power to see that these injustices are brought to light.
I've been informed that there could be a possibility of filing a notice of tort against this individual on a number of counts.
"The crimes are maladministration, coercion, wilful causation of distress, and breach of chartered practise. UK statutory consumer law allows you to demand without referral the full name and ident number of any representative of a company by which you are a customer. JCP is a registered corporation and is subject to these laws." - anon.
Any legal eagles out there who might offer an opinion on such things?
3 Mar 2014 16:22
ObiDanKinobi:-
Oh yeah a link to the law on the matter, as hosted by the governments own website.
http://www.dwp.gov.uk/docs/a11-4001.pdf
Pg's 44 and 45 "actively seeking employment."
3 Mar 2014 19:02
ObiDanKinobi:- In response to kathleen64
Thank you for the encouragement.
I'm no lawyer though, so i haven't looked into the aforementioned in detail. However it would be reasonable to think, that the threat of legal-action, against DWP employees for not following the law, and a potential fine, might make some over-zealous sanctioner extraordinaires think twice about removing a persons ability to exist.
Its my understanding that a fine of up to £10,000 can be served.
3 Mar 2014 19:04
ObiDanKinobi
However in my opinion, someone who is wilfully breaking the law in the administration of their duties, that has massively detrimental effects to others, whether following orders or not, should be facing some pretty serious consequences.
3 Mar 2014 20:48
ObiDanKinobi:- In response to BlackberryBlossom
They are unlawful, because proper judicial procedure was not followed.
Innocent until found guilty.
They ARE unlawful.
5 Mar 2014 17:20
ObiDanKinobi
Horrendous spelling edit:
I don't want compensation, other than that which is rightfully due to me, that has been suspended on extremely nefarious, and frankly unlawful terms.
What i want is accountability.
People who are supposed to be civil servants not listening to the law, not performing their job properly, being unprofessional and trying to threatening claimants who try to enlighten them as to the law, in a peaceful manner with eviction from the local jobcentre.
No what i want is for this person to think about the consequences of what they are being asked to do, and if it doesn't feel right to them, for them to raise an objection.
I want transparency and accountability when it comes to such things, and at the moment as i can testify to, there is little/none of either.
So if there is a way of holding these civil servants personally liable for the actions they are taking against their fellow brethren, then i say we should further those actions, and force such people be held account.
5 Mar 2014 17:30
ObiDanKinobi:- In response to BlackberryBlossom
Nonsense, sadly, you sound very much like an apologist for the current unjust system by the way.
I charge you with a charge against humanity, the punishment is to have your salary/living allowance stopped for 2 weeks.
This has already been enacted.
You cannot do anything about this punishment.
You are guilty until proven innocent, and now having faced your punishment before your trial, must use your trial, to prove why you are innocent, and deserve not to have your salary/pension/benefits stopped on these grounds.
If you cannot prove your innocence, in the charge "against humanity" which you face, then you will face even stiffer sentences in future, if such a charge arises again.
5 Mar 2014 17:32
ObiDanKinobi
THINK about it.
Is this a just way of doing things?
No.
Is it lawful?
No.
Not only has due procedure not been carried out, but you are also being denied the article 6 of the ECHR - The right to a fair trial.
This is an Unlawful system on many counts buddy.
5 Mar 2014 17:39
ObiDanKinobi
By the way try fighting this case, whilst struggling to get basics such as food/ and to pay rent, because for the "charge against humanity", this means the cessation of your housing as well., and the removing of all food in your cupboard e.t.c
Oh by the way there's currently a 2 week wait, due to a backlog of claims for reinstating your housing benefit under "null income".
You can ask for help from the government at this point, but will simply be told, "you'd better speak to your landlord/estate agent about it then hadn't you". For this charge you are liable and its quite possible you will be evicted from your household.
Guilty until proven innocent.
No trial, with punishment enacted before a trial commences.
You think this is just, fair or lawful?
Edited for spelling 14/10/15
Edited for spelling 14/10/15
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