Jobseeking and homelessness

My client had his JSA claim ended and a sanction applied to his new claim, because it was decided he had not done enough to seek work.  He had, in fact, done quite a bit in the fortnight in question, but less than he usually would have done as he lost his accomodation and was on the streets for a few days.

The DWP’s submission says they are not willing to take account of his homelessness because he did not complete the ‘no fixed address’ stencil so ‘the evidence supports that his living aranegments did not contribute to his lack of actively seeking employment’.  Regulation 18 does not specify what evidence must be given of homelessness so is the lack of the NFA stencil fatal to his argument that homelessness was a factor that ought to be taken into account?

No, it’s all about the facts and establishing their truth.  DWP administration and record systems are, in themselves, wholly irrelevant.  That said, one needs to look at the terms of his jobseekers agreement and whether in a given week has taken at least two steps.  Off the top of my head I think a jobseekers agreement can be varied retrospectively and that there is case law to this effect.

See s10(6)(d) of the Jobseekers Act 1995.

Thanks for all that everybody- the SoS cites the caselaw you mention on their submission, even though it completely fails to suupport their main reason for the decison which was that he did not take all the steps listed on his jobseekers agreement!  (Despite his homelessness he in fact took more, but slightly different, steps, as well as took steps to find accomodation).  But just wanted to check about the lack of the NFA stencil as they seemed to make a lot of it…presumably in the absence of anything more concrete to support their case.

They cited the case but didn’t supply a copy of the actual decison, surprise surprise.  I daresay someone was working from a submission template and did not think to check it actually supported their case. 

As you may imagine I have taken great care to metaphorically bludgeon them over the head with it in my submission.  There’s not so much joy to be had in this job these days, but that did brighten my day I have to say.  I should probably getout more!