Form ESL48
Notes for Guidance
jobcentreplus
Part of the Department of Work and Pensions
Doubts may sometimes occur that affect a person's entitlement to. or payment of, Jobseeker's
Allowance and National Insurance contribution credits. For more information please contact
Jobcentre Plus.
Copies of the Jobseeker's Act 1995 and associated Regulations, which contain the law on
Jobseeker*s Allowance, can be found in some public reference libraries.
You may also ask Jobcentre Plus for more information on the law or for help with any points
not covered by these notes.
When and how will my allowance be affected:
Your allowance and/or credit of National Insurance contnbutions will either:
• continue to be paid/credited until the doubt on your claim is decided; or
• be withhetd until it is decided how this doubt affects your claim. If this is the case
Jobseeker's Allowance will not be paid under the normal rules for the period of doubt. You
may be able to apply for a payment of Jobseeker's Allowance under the Hardship provision.
The letter included with these notes explains which of the above applies.
How long will this take?
Your claim will be dealt with as quickly as possible. If we need extra information from you,
or your previous employer/training provider it may take longer to make a decision. If your
employer's/training provider's reply is likely to affect your claim you will be sent a copy
of the reply to allow you to comment. We will allow you seven days to reply but the sooner
you do so, the sooner the decision can be made. If no reply is received within seven days, a
decision will be made on the information available.
You should still reply to any enquiry that you are sent, regardless of any letters you have
received confirming your entitlement.
What happens if the decision is favourable?
If the decision is in your favour and you have continued to provide signed declarations as
instructed on your ES40JP, we will pay you any arrears of Jobseeker's Allowance that you are
due as soon as possible. If you have received payment of Jobseeker's Allowance under the
Hardship provision during this period we will deduct the amount from your arrears.
What happens if the decision is unfavourable?
If it is decided thai you cannot be paid Jobseeker's Allowance under the normal rules you
will be sent a letter giving you the reason for this and letting you know for what period you
will not be paid. You may be entitled to payment of Jobseeker's Allowance under the Hardship
provision.
What if you disagree with the decision?
You may ask for an explanation or apply for a reconsideration of the decision once it has
been made. The decision notification will advise you how to do this. However, it may help
your case if you are able to show that there was some information that was not known when the
original decision was made.
You can also appeal to the Tribunals Service.
If you wish to appeal, ask for leaflet GL24DWP "If you think our decision is wrong" at your
local Jobcentre Plus office. You should appeal within one month of the date at the top of the
decision letter. Leaflet GL24DWP contains details about the appeal process and what happens
at appeal hearings.
Where can you get help with your appeal?
You may be able to get free advice about your claim for Jobseeker's Allowance from one of the
following:
• Citizens' Advice - Benefit Advice Centres - local Law Centres - Trades Unions Staff
Associations - Solicitors (under the legal advice assistance scheme)
They may also help and represent you if you make an appeal.
What happens if you are in receipt of National Insurance contribution credits only?
If you are not entitled to, or have not claimed Jobseeker's Allowance, you must still satisfy
most of the same conditions before National Insurance credits can be awarded by the Secretary
of State. If it is decided that National Insurance contribution credits cannot be awarded you
will be notified by letter.
What if you disagree with the credits decision?
You may ask for an explanation or apply for a reconsideration of the decision once it has
been made. The letter will advise you how to do this. You can also appeal to the Tribunals
Service.
What if you are a member of a joint claim?
The decision notification will be sent to both of you in a joint claim. If you disagree with
the reason for the disallowance or sanction, either, or both of you can ask for an
explanation, or apply for a reconsideration of the decision.
Either or both of you can also appeal to the Tribunals Service. If this happens both of you
will be sent a copy of the papers that we send to the Tribunals Service and you will both be
entitled to attend the tribunal hearing. If you wish to appeal ask for leaflet GL24DWP "If
you think our decision is wrong".
ESL48JP Page 2 of 2
If it wasn't so serious the whole thing would be a comedy sketch. Some stupid facts are.
They stop your dole but dont tell you why you have to write a letter which they must reply to in 14 days to get details of the crime during this time you have no money.
You can then within one month appeal against it now this is were it get crazy. One person had his dole stopped for 2 weeks about £100. If he appeals then it has to be heard by 3 independent people and a lawyer must be there to advise on the law. The defendant may get help with travel expenses and he can be represented. Someone form the dole must be there to put their case.
So do the maths on this
They stop £100 there is 7 or more people at the hearing not counting all the work done at the office preparing the case etc lets be conservative and say each one cost £100 for the day so this stopping of £100 has now cost at least £800 and more than likely a hell of a lot more in true cost. if the claimant looses he can appeal again so there is another £800+ So it ends up costing the task payer over £2,000 to stop someone's dole. Its more likely to be over £4000 in total costs Does that make any sense to anyone?
If they find in your favour you get your dole back but this could take months and you are living on fresh air in the mean time with no other options but to turn to crime or prostitution. The claimant could be anyone a mother with a baby, a 59 year old ill person or anyone.
The job seekers law is here
if you have had this problem please add your comments.
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