17th March 2015
1. Continuation of jobseekers dispute...
Here are the findings of the tribunal that i attended in Oct 2014. EV 16
2. This resulted in this response from the DWP. They requested a statement of reasons from the tribunal. Which was delivered to both myself and the DWP on the 3/12/14. EV 17
3. This is the result/findings of the tribunal in full.
As aforementioned delivered to both myself and the dwp on the 02/12/14.
11 pages total. EV 18
I had requested a full audio recording of the hearing, however that never materialised despite my best efforts. *see timeline for 2014*
4. Having waited a considerable amount of time for the DWP to either attempt to appeal to the upper tribunal, (1-month time limit to do so) or to release the monies that are due to me, i sent this next correspondence dated 16/02/15. Having waited 2 and a half months for a response that was not forthcoming.
Ref: "Redacted"
Jill Jewell,
With regard to the latest correspondence that you sent to me, dated the 22/10/2014, of which i include a copy for your reference.
I am writing to tell you that the statement of reasons that your Decision Maker has requested from the First Tier Tribunal was delivered on the 03/12/2014.
As i am sure you are aware, in your position of relative responsibility, that there is a 1 month time-limit for either party to appeal to the upper tribunal service.
This time-limit has long since lapsed. The date at the time of posting this letter, being the 16th Feb 2015.
In your correspondence you state that..
"until the decision-maker has received a written statement of reasons for this decision, any arrears of benefits are being withheld"
Well i know that both copies of the full "statement of reasons" were sent out on the 3rd December 2014.
Being that this time-limit has now elapsed, and that i have had no further correspondence to suggest from either your department (DWP) or the Tribunal service, that this is indeed being elevated to the upper tribunal service, i now request that you release all monies due to my person, and re-instate my JSA agreement with the original Job seekers agreement that i signed, (16/01/2012) and that was terminated unlawfully. This includes a substantial period of back-dating.
My JSA claim was unlawfully terminated on the spurious grounds that i did not attend a JSA interview, of which i was given no prior notification of whatsoever. Given the previous corruption at the local jobcentre (which i have documented in full), and the fact that i have been sanctioned multiple times, all of which were overturned, it is obvious that this cessation of social security entitlement was done for political reasons.
It is for this reason that i have not "made" a new jsa claim. That I have a valid jobseekers agreement, and that it was terminated unlawfully. And that I would like this rightfully reinstated.
The specific financial details are as follows.
Balance from 19/11/2013 to 18/07/2014 still outstanding = £1201.98.
This is a conservative estimate. Using "old" JSA amounts.Please check your BACS payment (or lack thereof) records to confirm this shortfall.
From 18/07/2014 to 31/01/15 (and beyond) i was engaged, daily, in a protest/movement against the downgrading of my local hospitals services. I did still look for work during this period as and when i could.
Going from an arbitrary figure of £72 p/w. (i know its around this area) i calculate the amount that i was entitled to for the above period to be 14 JSA payments (fortnights) x £144 = £2016
Approx Total still outstanding = £3217.98
I await your response,
- dan j***
5. Which resulted in this following response from the DWP.
3 pages length. EV 20
6. I have then replied today with the following...
Ref #:- "Redacted"
Dear Tris Kay/Jill Jewell,
Included with this correspondence you will find :-
# A copy of the last letter I received from you dated 19-Feb-2015.
# A copy of a previous letter that I sent resulting in 2 cases being opened. (Evidence that I have indeed attempted to have the sanctions you mention addressed, that you claim I have not).
# A copy of notice of proceeding with both cases ending 00405 & 00407 respectively, resulting from the aforementioned letter.
# The outcomes of these cases.
# A copy of the signing dates, and attendance exemptions, around the time my claim was illegally and unlawfully stopped.
Firstly,
With your department having read and scrutinised the result of case SC049/14/00137 as you yourself have witnessed and testify to in your last response.
I now give you formal notice that your department has been made fully aware and informed of, by a judge, the relevant U.K law with regard to social security, and that continuations of sanctions on this basis, enacted against any citizen of the U.K (of not being ASE whilst taking the 3 steps or more that the law desires) have no basis or grounding in U.K law.
You can and will be held personally liable for any continuation of these sanctions. And given that any such prior sanctions were enacted unlawfully, I suggest that you reimburse all those whom you have unlawfully sanctioned, retrospectively and immediately.
It is also stated by said judge that there are no grounds for super cession on a legal basis. It is not for the spurious reasons that you mentioned in your latest correspondence, (19/02/15), it is because your department is acting illegally, and ultra-vires. *see hard evidence - judges ruling, of which you possess a copy*.
Now that you have been made personally aware of this ruling, please take care when exercising your duties not to illegally/unlawfully sanction others, as you can and will be held personally accountable for this.
Given the Department of Work & Pensions previous malign behaviour, which I have documented in full, I neither accept the apology, because I do not believe it to be sincere, nor do I consider it to be a computer error.
Instead I will add it to the compelling and long-list of underhand tactics that are employed in order to try to prevent those who have a need to access social entitlement, from attaining it. And that, along with all these correspondences, I will be publishing in due course.
With regard to your next point on page 2 of your correspondence,
I did not refuse to sign a revised Jobseekers agreement.
The spurious claim alleged against me was that I had refused to sign a "proposed variation" of a jobseekers agreement.
The reason I refused to sign it, was/is because I have a perfectly valid and reasonable jobseekers agreement dated 16/01/12, And that the new conditions that were attempted to be drawn-up were unreasonable.
As you will see in the judges summary (of which you possess a copy), in this case, it is reasonable to do what the law desires, which is 3 steps per week to look for work.
Anything above and beyond this has NO legal basis in law. Therefore the new variation that was proposed and that included more steps than is desired by law, I found to be unreasonable, and rightfully refused to sign it.
I was thus unlawfully and illegally suspended from my ability to access all provisions of social entitlement. (including hardship allowance). For the periods you stated. By Stafford jobcentre employee Sean Harris.
Also my last "made" jsa claim was in 2012, it was NOT 02/12/13. A variation was proposed at that time, but I refused to sign it. As your records will show.
The decision to suspend my claim was NOT notified to me, in any official form, other than being informed verbally by Sean Harris, that my claim had been "permanently suspended".
My claim was then closed ILLEGALLY and UNLAWFULLY, with apparent effect from 11/04/14, having received NO PRIOR notification of this alleged jobcentre appointment, that I was requested to attend.
To this date I have still received NO OFFICIAL CORRESPONDENCE/INDICATION WHATSOEVER about the closing of my claim.
The first I found out about it was upon attending my next appointed signing date (after a couple of weeks of exempted signings due to bank-holidays *see attached*). When I was casually informed to my surprise, that my claim had been closed.
The decision was NOT notified to me 09/05/14. I found out about this on the 19/05/14, when I attended in person.
There was no failure on my behalf. The only failings here are your departments ability to exercise their functions in a responsible manner, and so it seems, their total incapacity at exercising their duties in a lawful manner.
I did attempt to make a claim for jobseekers allowance around the date you mentioned. (22/05/14) I did also refuse to sign this "claimant commitment" (claimant commitment, interesting that the name has suddenly changed around the time when I allegedly "miss" a jobseekers appointment, resulting in the cessation/termination of my claim. Law-change around this time maybe?),
because primarily I had/have a jobseekers agreement in place, that was terminated unlawfully/illegally, and secondarily, because the agreement put forwards by the DWP, had terms that ARE unreasonable, and considering the judgement in the recent case SC049/14/00137 *see notes*, where the judge clearly states that by taking 3 steps a jobseeker IS doing what is desired of them, according to the law, my refusal to accept this claimant commitment WAS/IS based upon lawful & reasonable grounds.
No other attempt to make a claim was accepted, despite me putting forth my own "reasonable" set of conditions. These were rejected by the DWP, despite being based upon the relevant law regarding social entitlement. *Jobseekers Regulations 1996 18(1)*
Thank you for bringing this to light, as it was the third such instance of gross misconduct/unlawful behaviour, (by the same member of staff) and I had forgotten about this.
I have not since reclaimed jobseekers allowance because I had/have a legitimate claim that was terminated unlawfully and illegally, after which, despite abiding by the law regarding social entitlement, I have unlawfully been prevented from making any further claims.
You note wrong.
I have indeed made extensive attempts to have a hearing on the other two points of consideration. (Permanent suspension decision & Illegally/unlawfully terminated claim).
And seemingly the respective decisions were "favourable" to me.
*see attached notes*
2 New cases were created SC049/14/00405 & SC049/14/00407, which were then ruled to be in my favour.
Given that my correspondence prior to these cases being opened *attached* was regarding these two fundamental points. It is reasonable to suggest that the rulings that found in my favour, pertained to these.
Thus as far as I am aware, these points have been addressed and found in my favour.
If this is not the case, then a) it is a total scandal, as I was reasonably under the impression that they had been addressed, and having waited 14 months already, I suggest that your department take direct action and release the monies that are due to my person.
And b) I would like to know what exactly was adjudicated upon, as the outcomes were, as you can see by the hard evidence attached, found to be in my favour.
If this is yet another "error", then I now suggest that the list of these convenient "errors", along with other underhand tactics employed, is attaining quite a length.
A list which will be published in due course.
The amount of social security entitlement, that I am due by your department,
as a minimum:-
£3217.98 (19/11/13 - 31/01/15)
+ £288 (31/01/15 - 28/02/15)
+ £3.26 (2 x £1.63 - Postage - Recorded Delivery)
Total £3509.24
Thank you for your suggestion to contact your department via the generic number you supplied at the end of your letter, however in the interest of transparency and accountability I'm sure you'll understand that it would be better to maintain this correspondence in a written form.
I await your response,
Warm Regards,
- Dan J***.
7. Here is the "previous letter" that i sent (resulting in 2 new cases being opened 405 & 407) that I made mention of in the last post (6).
As you can see this is contrary to their claims that i had not attempted to get the permanent suspension and illegal/unlawful termination of my claim, addressed.
Ref nos:- SC049/14/00249 & SC0149/14/00137
To whomsoever it may concern.
With regard to the above case number (SC049/14/00249).
The decision that was made was not a favourable one.
I appealed the sanctions in question and they were revised and allowed. (Award letters included Pg 1 & 2).
I suspect a copy of these were then sent to the tribunal service in order to "allay" the courts. However i have not yet received full remuneration for these periods.
I have received a couple of token payments of £225.35 & £71.70 around the 19th & 23rd May respectively.
A shortfall (up to the 24th April) of Approximately £682.20.
However upon calling the DWP, i was informed that a suspension is still in place on my claim, a suspension for which i have had no official written notification of whatsoever.
I was informed that this suspension is still in place, and that another sanction still applies from 3rd Dec - 16th Dec.
The secondary sanction (3rd - 16th Dec) mentioned above is currently pending and awaiting adjudication (SC049/14/00137). Therefore the funds relating to it (£129.10) are still disputable, however for the period in question £553.10 is still due.
I made mention of this "phantom sanction/suspension" in my appeal (SC049/14/00249) and as it is seemingly this, that is restricting my ability to access payments due, i respectfully ask that the aforementioned case is then re-opened in order to attain access to justice, and to assess this "phantom sanction/suspension". During this "suspension" i had no access to hardship provisions of any kind.
If the re-opening of this case is not possible, then i would instead like to append further evidence to my forthcoming case, (SC049/14/00137) as i believe it is highly relevant, and given the circumstances, and the long-waiting times for tribunal hearings, feel that putting this adjudication off would not be a just thing to do. This long-delay in opening a case is obviously the outcome the DWP desires.
The evidence i would like to submit to either the re-opening of case (SC049/14/00249) or the pending case (SC049/14/00137) is as follows.
I have in the period since i started disputing these unlawful "disallowances" that have been perpetrated against me, been faced with many occasions of injustice that i feel should be mentioned, and thus i will do so now.
I have documented pretty much all my encounters with the DWP, because i would like to shine some light on the way that they currently operate, which is currently in an extremely nefarious fashion. I will endeavour to compile/collate these "encounters" into a form of report, which can then possibly be used to analyse and/or improve the services offered by this countries civil servants, and local jobcentres e.t.c I received no payment for this, thus the results will be financially unbiased/impartial.
Firstly i expect 4 things when i am dealing with civil servants, and i will extend the same courtesies also.
Respect, professionalism, transparency and the ability to reason.
I have already detailed in amongst the 39 pages of evidence pending in case (SC049/14/00137) local corruptions including but not limited to :- jobsearch steps being omitted when documented on the internal ASE system, jobs that do not exist being used to sanction, and generally extremely unprofessional behaviour, both on a local level, and via call-centres.
However sadly it would seem the buck does not stop there.
Since then i have witnessed more serious/sinister concerns.
Firstly i have had my jobseekers agreement suspended indefinitely, from 14th Feb. I have had no official notification of this whatsoever, other than one extremely unhelpful person informing me of such. (Sean - Stafford jobcentre). He informed me verbally that because i would not sign a new jobseekers agreement (that had terms that i believe to be unreasonable), that i had failed/refused to "sign a proposed variation of a jobseekers agreement". He then stated that i did not have a valid jobseekers agreement, thus my claim would be suspended indefinitely.
I disputed and continue to dispute this, saying that i did/do indeed have a jobseekers agreement already in place, as the very wording of the alleged purported "offence" ("failure/refusal to sign a proposed variation") actually suggests. A "variation" intrinsically implies that something already exists. Thus as far as I’m aware my original jobseekers agreement still exists. An agreement for which i have done what is desired of me according to the law. I have continued to sign even with this dubious suspension in place.
This is also evident from pg 24 of the original evidence, the original agreement dated 16/01/12. I have not signed any jobseekers agreements since then, as far as i can recall. (one was proposed but i refused for reasoning that i will mention later on, in this letter) thus the original agreement remains in place, and thus perhaps the politically motivated reasoning behind the "suspension" that became active from the 14th Feb (or thereabouts), becomes more apparent.
I refused to sign a proposed variation of a jobseekers agreement because i deem it entirely unreasonable to force citizens to comply with signing up to the universal jobmatch "service".
In short the reasoning behind this being that i will not wilfully or otherwise render my personal details to a foreign nation state (by proxy or otherwise). (Please see attached document "Reservations about creating a ujm online profile" for more specific reasoning). It does not matter if the state is the U.S, Russia or China, forced rendering of a citizens personal details to a foreign state is wrong and in my opinion, treasonous.
Having continued to sign whilst this dubious suspension was in place, I was then extremely disconcerted to find that after coming in to sign as usual after a holiday period, that my jobseekers claim had been completely terminated, on the grounds that i had "failed to attend an interview". An interview for which i had had, no prior notification of whatsoever.
Even worse was that i was given no notification that my claim had been terminated (illegally) and it was only on the 19th May, and turning up to sign for JSA, that i was notified in person casually "your claim has been closed".
Apparently it was closed (illegally) on the 10th April. I still to this date have not received any official documentation to state that my original claim had been closed.
I have continued since the 10th April to attend bi-weekly signing dates, and adhered by my responsibilities according to the law to look for work each week. The only exception being the last week of writing, and the reasoning for such i will now discuss.
The DWP have now deemed it of vital importance to retrospectively cancel my entitlement to housing benefits as of the 24/02/2014. (Notification letter supplied). This when assessed with the other evidence of DWP corruption/foul-play strongly suggests that they are trying to bully people into complying with their demands, through various subtle and not so subtle measures. (I will sum this up at the end of the letter). Retrospectively cancelling my entitlement to benefits is seemingly a pointless endeavour, because i am entitled to the same period, but under the "no-viable income" category. However unsurprisingly i got a "oh you owe over a £1,000 in housing benefits" statement, from the local government worker, until i rightfully mentioned the fact that i was entitled via "no viable income". This is attempted scare-tactics. And thankfully i know my rights on this. However others might not.
However the effect of such a tactic is that it stalls my ability to receive money in order to pay the rent, (psychologically speaking this bestows uncertainty onto the citizen) and generally compounds the situation of the recipient. The previous times this has happened to me (even though i was complying with what was desired of me according to law,) it has involved a 2 - 4 week wait until re-installation of benefits. Which has meant i either had to sell what meagre possessions i have, or borrow money from others.
It also entails the extremely invasive practice of requiring a full bank statement for the last number of months in question, i have already supplied this, and do not mind supplying it again.
However, as an idea, perhaps we could implement such scrutinous measures elsewhere in society also, and perhaps this might then help stem the large exodus of potential tax monies currently being evaded from this society, to various tax-havens around the world. (Which on a side-note currently outweighs benefit fraud, about 100-1).
I would like this tribunal service if it has been awarded the appropriate responsibilities/jurisdiction by our U.K society, to please consider the following requests, in order that justice may be served. If not i ask that such an access to appropriate justice be made available, preferably swiftly.
1) To make a ruling on the legality of forcing citizens to comply with the current legislation forcing them to sign up to universal jobmatch. I consider this a matter of national interest. As i believe citizens are currently being forced to render their personal details to a foreign nation state. My refusal to sign up to UJM, is also the primary reasoning behind the dubious "suspension" of my claim.
2) Mandate the DWP to reinstate my original jobseekers agreement, as i believe it was unlawfully/illegally terminated.
3) To mandate the DWP to release the monies that are owed to my person. I can provide bank statements to show the periods that i received no payments. I will provide these to the tribunal service as a tertiary matter, should it be so desired. Up to the 24th April, (the time-frame that the attached dwp letters suggest i am "allowed" and thus should of been payed) the amount outstanding is approximately £682.20.
Since the 24th April (and having continued to do what is desired of me according to the law) I believe the amount outstanding to be approximately £788.70. (this is calculated using the "old allowance" figures of £71.70 p/w) although i have received £268.92 in a couple of payments during this time from the DWP.
This creates a sub-total of £519.78, and a grand total, still outstanding of approx £1201.98.
I would also like to make a final recommendation.
I have been explicitly documenting virtually all happenings with the DWP and will compile a full report into my "encounters" with the DWP and other local and regional government offices, which i would then like to publish.
Perhaps this could then be used to start an internal investigation into both localized and regional policy-making, and to shine light on both some of the underhand strategies that have blatantly been employed against those in our society who are in need, and also the atrocious level of professionalism exhibited within both my local jobcentre, and regional call-centres alike.
Sincerely,
Dan J***.
8. The previous letter mentioned in post 7. Resulted in the following new cases being opened (ending 00405 & 00407 respectively).
I attach a copy of these, along with the outcomes of these cases.
EV 21
9. Finally here is proof of the relevant signing dates and the exemptions for holiday periods. This contradicts the evidence suggested by the DWP that i received notice of the (unlawful & illegal) termination of my claim on the 09/05/14.
It was indeed on the 19/05/14, as i state. That i was verbally informed of the cessation of my claim. As is clearly shown in the attached document.
Notice how the appointment that the DWP alleges that I missed falls within this holiday period. I was exempted from signing on the 21st April 2014 and the 5th may, as you see in the documentation.
However the appointment that i was alleged to of missed was, as the DWP clearly states in post 5. on the 24/05/14.
This is not a regular signing date, and as aforementioned i had no prior notice of this alleged appointment whatsoever. Yet my claim was terminated. The 5 day period that the DWP refer to is irrelevant because the first i knew of the unlawful and illegal cessation of my claim was on the 19/05/14.
Judge for yourselves. EV 8
Edited for spelling & Names Redacted 3/11/15
Original Source(s):-
1) https://www.facebook.com/J3D15/posts/10152788290116089:0
2) https://www.facebook.com/J3D15/posts/10152788298481089:0
3) https://www.facebook.com/J3D15/posts/10152788304601089
4) https://www.facebook.com/J3D15/posts/10152788313696089
5) https://www.facebook.com/J3D15/posts/10152788317241089
6) https://www.facebook.com/J3D15/posts/10152788320331089
7) https://www.facebook.com/J3D15/posts/10152788332161089
8) https://www.facebook.com/J3D15/posts/10152788337191089
9) https://www.facebook.com/J3D15/posts/10152788352496089:0
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